Extradition is the legal process by which one state returns a fugitive to another state where they face criminal charges. Article IV of the Constitution requires states to deliver fugitives upon demand, but for over a century, governors had discretion to refuse. That changed in 1987.
When Iowa Governor Terry Branstad refused to extradite Ronald Calder to Puerto Rico for murder in the 1980s, Puerto Rico sued. Calder had struck a couple near Aguadilla, killing them, then fled to Iowa. Iowa argued Puerto Rico's justice system was unfair. The Supreme Court ruled in Puerto Rico v. Branstad (1987) that governors have no discretion—if the paperwork is proper (the demanding jurisdiction proves the person is accused of a crime there), the governor must sign the extradition warrant. The Court overturned Kentucky v. Dennison (1861), which had allowed governors to refuse extradition based on their judgment of the requesting state's justice system.
Today, extradition is essentially automatic when properly requested. Fugitives' only recourse is to argue the identifying documents are defective or that the charges are political rather than criminal.
Extradition determines whether someone can simply flee to another state to avoid prosecution. The shift to mandatory extradition increased federal unity and reduced a state's ability to harbor fugitives.
People think governors can refuse to extradite if they doubt the requesting state's justice system. Governors have no discretion—if the documentation is proper, extradition is mandatory. The legal questions are narrow: Is the paperwork complete? Is this person actually accused of a crime?
Extradition determines whether someone can simply flee to another state to avoid prosecution. The shift to mandatory extradition increased federal unity and reduced a state's ability to harbor fugitives.
People think governors can refuse to extradite if they doubt the requesting state's justice system. Governors have no discretion—if the documentation is proper, extradition is mandatory. The legal questions are narrow: Is the paperwork complete? Is this person actually accused of a crime?