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👮comparative criminal justice systems review

Extradition Request

Written by the Fiveable Content Team • Last updated September 2025
Written by the Fiveable Content Team • Last updated September 2025

Definition

An extradition request is a formal application made by one jurisdiction to another for the surrender of a person accused or convicted of a crime, enabling them to face justice in the requesting country. This process is governed by treaties and laws that dictate how countries cooperate in criminal matters, ensuring that individuals do not escape accountability by crossing borders. Extradition requests are essential for maintaining law and order across international boundaries and play a critical role in addressing transnational crime.

5 Must Know Facts For Your Next Test

  1. Extradition requests are typically based on treaties between countries, which outline the legal framework for extradition.
  2. A country may refuse an extradition request if it believes the accused will face unfair treatment or if the crime is not recognized under its laws.
  3. The process involves legal proceedings in both the requesting and requested countries, often taking significant time and resources.
  4. Extradition requests can also involve complicated issues of diplomatic relations and international law, impacting decisions made by governments.
  5. Some countries allow for extradition only for serious crimes, such as murder or drug trafficking, while others have broader criteria.

Review Questions

  • How do mutual legal assistance treaties (MLATs) relate to extradition requests in the context of international criminal justice?
    • Mutual legal assistance treaties (MLATs) play a crucial role in facilitating extradition requests by establishing a framework for cooperation between countries in criminal matters. These treaties allow nations to share evidence and information necessary for prosecutions, making it easier to process extradition requests. When one country seeks the extradition of an individual from another, MLATs ensure that both parties can work together efficiently, ensuring that the accused can face justice while adhering to both nations' legal standards.
  • Discuss the potential challenges a country might face when processing an extradition request and how these challenges can affect international relations.
    • When processing an extradition request, a country may encounter several challenges, such as differing legal standards, human rights concerns, and political implications. For instance, if the requested country fears that the individual will face torture or an unfair trial upon extradition, it may refuse the request based on humanitarian grounds. Additionally, if the extradition is politically motivated, this could strain diplomatic relations between the two countries involved, potentially leading to wider geopolitical tensions.
  • Evaluate the impact of globalization on extradition requests and international cooperation in combating transnational crime.
    • Globalization has significantly impacted extradition requests by increasing the flow of people and information across borders, which in turn has led to a rise in transnational crime. This necessitates stronger international cooperation to effectively address issues like human trafficking, drug smuggling, and cybercrime. As criminals exploit global networks to evade justice, countries are prompted to enhance their legal frameworks and engage in more treaties for mutual assistance. This evolution fosters a more interconnected approach to law enforcement but also presents challenges regarding sovereignty and differing legal practices among nations.