How complex process of extradition works for US
The mother of a periodontist convicted in the murder of his brother-inlaw was taken into custody last week at Miami International Airport after attempting to board a one-way flight to Vietnam.
Investigators quashed the travel plans of Donna Adelson and her husband, Harvey, after listening to recorded jail calls she had with her incarcerated son, Charlie Adelson. At one point she talked about traveling to a country without an extradition treaty with the United States. Such countries lack a formal agreement with the U.S. about how fugitives are detained and released into the custody of the U.S.
Her attempted flight came one week after her son was convicted in the murder of Dan Markel, a 41-year-old law professor at Florida State University, who was fatally shot by hit men in July 2014 in the garage of his Tallahassee home. The murder-for-hire plot occurred amid a nasty court fight between him and his ex-wife, Wendi Adelson, Charlie Adelson’s younger sister and Donna Adelson’s daughter.
Last week, Donna Adelson was indicted by a grand jury on charges of first-degree murder, conspiracy and solicitation in Markel’s death – the same crimes for which her son was convicted.
Her arrest in Miami raised questions about the extradition process, and how it varies depending on what country the U.S. is requesting extradition from. Here is how the complex diplomatic process works, at least in the U.S.
What is extradition?
International extradition is a legal process by which one country requests another country to detain and release to them a person who is wanted for prosecution or to serve a sentence following a criminal conviction, according to the U.S. Department of Justice.
Generally, the process is regulated by treaty and conducted between the federal government of the U.S. and the government of a foreign country. Most of the time, extradition may be granted only if there’s a treaty between the U.S. and the country being requested to extradite; however, some countries grant extradition without a treaty.
How does extradition work?
The process of extradition varies greatly, depending on the country involved.
If the country has a treaty with the U.S., a court will first determine whether the extradition request meets the requirements of the extradition treaty and the law of the requested country. If it does, the judicial authority will decide whether the person may be extradited, according to the DOJ.
If the judicial authority approves, the case will go before the requested country – usually a prime minister, minister of justice or minister of foreign affairs. The executive authority will then decide whether the requested country will surrender the person to the United States.
Jacques Semmelman, a former assistant U.S. attorney and expert on international extradition law, told USA TODAY that while a lack of a formal extradition treaty “may be a challenge, it’s not a brick wall.”
In countries without an extradition treaty, the U.S. State Department will send what’s called a diplomatic note to the foreign ministry of the requested country. In the case of Donna Adelson, who was trying to flee to Vietnam, she could have still been extradited as the country has a history of cooperating with extradition requests from the U.S.