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How Long Does A State Have To Extradite An Inmate (And Why)?

Exact Answer: Within 30 Days From Time Of Arrest

Extraditing an inmate is returning an inmate to their home country. This can be done through various methods but typically happens when the inmate has finished their sentence and is ready to return home.

The decision to deport an inmate typically rests with the country’s justice ministry. It is based on several factors, including the severity of the crime, the nationality of the suspect or convict, and whether that country has an extradition agreement with the requesting country.

How Long Does A State Have To Extradite An Inmate?

TypeDuration
Extradition process30 days
Extradition cases6-9 months

Extraditing an inmate generally refers to the process by which one country sends a suspected or convicted criminal back to their home country to be tried or serve their sentence.

In most cases, a state has 30 days to extradite an inmate. However, some states have different time-frames.

If the inmate is being sought for a felony crime, the state must extradite the person as soon as possible. If the inmate is being sought for a misdemeanor crime, there is no set time frame, but the state typically extradites the person within a few weeks or months.

In some cases, convicted criminals may be able to fight extradition if they can prove that they would not receive a fair trial in their home country or be subjected to torture or other forms of mistreatment.

The length of time a state has to extradite an inmate depends on the extradition treaty between the states. Generally, the extradition process will take 30 days to several months. 

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However, extenuating circumstances may delay the process if the inmate is challenging the extradition order in court or is subject to additional criminal proceedings in their home state.

If a state does not extradite, the fugitive may stay in that state or flee to another country. However, if the offender is found in another country, that country may extradite the person to the requesting country.

Why Would A State Have To Extradite An Inmate For So Long?

Extraditing an inmate can be a long and complicated process. Several factors can contribute to the amount of time it takes for a state to extradite an inmate, including the inmate’s location, the severity of the charges against them, and whether or not they have been indicted in another state.

In some cases, an inmate may be incarcerated in a country that is difficult to negotiate with or is located in a remote area. 

In these cases, it can take longer for officials from the requesting state to arrange transportation for the inmate and obtain all necessary paperwork. Additionally, if the charges against the inmate are particularly severe, officials may want to ensure that he is deported correctly and not attempt to escape.

Also, a US state can refuse to extradite a person if the state has jurisdiction over the offense and if the extradition treaty between the United States and the foreign country does not require extradition for that particular crime.

One example would be that California refused to extradite Christopher Dorner to Nevada because the extradition treaty between the two countries did not require extradition for murder. 

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Crimes that are extraditable offenses are typically considered severe. Such crimes might include murder, rape, and other violent crimes. In addition, financial crimes such as fraud and embezzlement may also be regarded as extraditable offenses. Extradition treaties exist between countries to outline which crimes are considered extraditable offenses.

There are a variety of crimes that are not extraditable. Some include hate crimes, tax crimes, and white collar crimes. Additionally, the country from which extradition is requested may also have certain restrictions on which crimes are extraditable. 

Conclusion

There are a few benefits to extraditing an inmate. One such use is that it can help reduce overcrowding in prisons. When an inmate is deported, it frees up space for another inmate in the prison system. This can be helpful, as jails across the United States face overcrowding issues.

Another benefit of extraditing inmates is that it can help reduce crime rates. When inmates are released from prison, they often have difficulty reintegrating into society. This can lead to them committing more crimes, ultimately increasing crime rates. 

References

  1. https://www.cambridge.org/core/journals/international-and-comparative-law-quarterly/article/abs/applying-the-european-convention-on-human-rights-to-extradition-opening-pandoras-box/503A4E9337A81B8CFB51937A3B7F4E1D 
  2. https://heinonline.org/HOL/LandingPage?handle=hein.journals/byrint40&div=6&id=&page= 
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