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Sixth Amendment does not apply to international extradition

By John Wesley Hall, Jr.

The Sixth Amendment has no application in an international extradition proceeding. [Although here, the court grants a conditional extradition based on the assurances of the requesting country that a new trial will be given on extradition because the fugitive was tried in absentia even in apparent violation of the requesting country's constitution.] In re Extradition of Harusha, 2008 WL 1701428 (E.D. Mich. April 9, 2008): The Fourth, Fifth and Sixth Amendments have no application to extradition hearings. See Neely v. Henkel, 180 U.S. 109, 122 (1901) (rights available to one charged with criminal offense in the United States not applicable to offenses committed outside the United States against the laws of another country); Glucksman v. Henkel, 221 U...continue to full post

Full post as published by Law Of Criminal Defense on April 16, 2008 (boomark / email).