Fugitives whose extradition from the United States is sought by foreign countries at times argue that the delay between the commission of the alleged crime for which they are wanted and the submission of the request for their extradition violates their rights to a speedy trial or extradition under the Sixth Amendment, and/or their right to due process under the Fifth Amendment. In a similar vein, defendants who are returned to the United States from abroad to face criminal charges often argue that their right to a speedy trial under the Sixth Amendment was violated because the government failed to exercise “reasonable diligence” in procuring their presence. This Article discusses the developing case law on these questions. First, by way of background, the Article provides an overview of the process governing international requests for extradition. The Article then analyzes how courts have treated challenges by fugitives to extradition requests on the grounds that the timing of the request violates interests protected under the Fifth and Sixth Amendments. This is followed by a discussion of the law governing the right to a speedy trial under the Sixth Amendment. The Article then analyzes how courts have treated efforts by defendants to dismiss the charges against them on the grounds that the delay in securing their presence before the court to face said charges—because of the government’s decision not to seek their extradition—violated their right to a speedy trial under the Sixth Amendment. A conclusion follows.
Due Process, the Sixth Amendment, and International Extradition,
90 Neb. L. Rev.
Available at: https://digitalcommons.unl.edu/nlr/vol90/iss3/5