the surrender by one state or country of a person charged with a crime in another
state or country. Formally, the request of the state (usually through the Governor's
office) claiming the right to prosecute is made to the Governor of the state in
which the accused is present. Occasionally a Governor will refuse to extradite (send
the person back) if he/she is satisfied that the prosecution is not warranted, despite
a constitutional mandate that "on demand of the Executive authority of the State
from which [a fugitive from justice] fled, be delivered up, to be removed to the
State having jurisdiction of the crime. " The defendant may "waive extradition"
and allow himself/herself to be taken into custody and returned to the state where
charges are pending. International extradition is more difficult and is governed
in many cases by treaty. While most countries will extradite persons charged with
serious crimes, some will not, others refuse to extradite for certain crimes, set
up legal roadblocks, or, as in Canada's case, will not extradite if the accused
may get the death penalty.
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