What is the federal criminal justice system's approach to international extradition?
The federal criminal justice system in California takes a comprehensive approach to international extradition, which involves the surrender of an individual from one country to another. In the U.S., the extradition process is governed by the Extradition Act of 1793 and other federal statutes. When the government of one country wants an individual from another country who is accused of committing a crime, extradition can provide the legal framework to return the accused criminal to the requesting country to face justice. Generally, an extradition request must meet several requirements for the requested country to consider the transfer. Generally, an extradition request must involve two countries that have an extradition agreement. Additionally, the request must meet the “dual criminality” requirement, meaning that the criminal conduct is illegal in both countries. The request must also include details of the criminal activity and a statement of the evidence available. The person being sought must also be identified sufficiently such that he/she can be located. Once the request is deemed valid, the foreign country will decide whether to must comply or not, although countries usually do cooperate with extradition requests. If extradition is granted, the requested country will then deliver the offender to law enforcement authorities in the requesting country. It can take some time for the process to be completed, as it involves multiple countries and complex legal proceedings.
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