Extradition is the legal process of transferring a person from one jurisdiction to another so the person can face criminal prosecution or serve a sentence. The person sought is usually accused or already found guilty of a crime in the requesting jurisdiction.

Extradition can happen between countries and, under U.S. law, between states. In international cases it may be used to return someone for prosecution or to serve a sentence after a Conviction.

Extradition Explained

Cornell Wex explains that extradition is the removal of a fugitive from one jurisdiction to another for criminal prosecution or punishment and notes that international extradition is usually controlled by treaties or reciprocal agreements. The Department of Justice extradition FAQ similarly explains that international extradition is a legal process in which one country seeks the surrender of a person for prosecution or to serve a sentence and that the process generally includes both judicial and executive phases.

The Term Extradition in Different Legal Contexts

In state-to-state practice, extradition is grounded in the U.S. Constitution and statutes that govern the return of people charged in another state. In international practice, extradition depends heavily on treaty obligations, the law of the requested country, and limits such as dual-criminality and political-offense rules.

Extradition disputes may involve questions about identity, the charged conduct, treaty coverage, procedural fairness, and whether surrender is legally or diplomatically appropriate.

Common Misconceptions About the Meaning of Extradition

A common misconception is that extradition simply means deportation. Deportation removes a person under immigration law, while extradition is a criminal-law process for transfer to another jurisdiction.

Another misconception is that extradition happens automatically whenever a person is found abroad. In reality, extradition usually depends on treaty terms, domestic law, and formal proceedings in the requested jurisdiction.