Can a federal court can compel extradition if a state governor refuses?
It is generally accepted that federal courts lack any authority to compel a governor to deliver up a fugitive to a demanding state.
What does it mean when you waive your extradition?
A waiver of extradition means the defendant is relinquishing his or her right to an extradition hearing. Waivers to international extraditions occur when the defendant asks to be returned to the requesting jurisdiction without an extradition hearing.
Is it better to waive extradition?
One possible benefit of waiving extradition is seeking a better plea bargain with the prosecuting lawyer in the case with the other state. The individual will need a criminal defense lawyer first to defend against the charges. Then, the lawyer can communicate the needs of the client through negotiations in a plea deal.
Can you be extradited from India?
India permits the extradition of its own nationals. However, several bilateral treaties with foreign states preclude extradition of Indian nationals, in which case Indian nationals cannot be extradited to those foreign states.
Which country has no extradition treaty with India?
(a) India has no Extradition Treaty with Afghanistan, Bangladesh, China, Maldives, Myanmar and Pakistan. For signing of an Extradition Treaty with any country, mutual consent is required for initiating negotiations through diplomatic channels.
Does India extradite its own nationals Upsc?
In India, the extradition of a fugitive criminal is governed under the Indian Extradition Act, 1962. This is for both extraditing persons to India and from India to foreign countries. At present India has an Extradition treaty with more than 40 countries and Extradition agreement with 11 countries.
What countries will not extradite to UK?
Streamlined arrangements Ten EU states Croatia, Germany, Greece, Finland, France, Latvia, Poland, Slovakia, Slovenia, and Sweden have said they will not extradite citizens who are suspected of committing crimes inside the UK, to the UK.