Rendition (law)
Rendition (law)
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Rendition (law)

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Rendition (law)

In law, rendition is a "surrender" or "handing over" of persons or property, particularly from one jurisdiction to another. For criminal suspects, extradition is the most common type of rendition. Rendition can also be seen as the act of handing over, after the request for extradition has taken place.

Rendition can also mean the act of rendering, i.e. delivering, a judicial decision, or of explaining a series of events, as a defendant or witness. It can also mean the execution of a judicial order by the directed parties. Extraordinary rendition is distinct from both deportation and extradition, being inherently illegal.

Rendition is necessary as a consequence of the problems created by transnational crime.

Rendition between states is required by Article Four, Section Two of the United States Constitution; this section is often termed the rendition clause.

Each state has a presumptive duty to render suspects on the request of another state, as under the full faith and credit clause. The Supreme Court has established certain exceptions; a state may allow its own legal proceedings against a suspect to take precedence, for example. It was established in Kentucky v. Dennison that interstate rendition and extradition were not a federal writ; that is, a state could not petition the federal courts to have another state honor its request for rendition, if the state receiving the request chose not to do so. If the State failed to request federal intervention, but relied on other argument for the rendition, the Hatfield/McCoy feud produced the case of Mahon v. Justice, holding there is "no comity between the states by which a person held upon an indictment for a criminal offense in one state can be turned over to the authorities of another state, although abducted from the latter." The Uniform Extradition Act may nullify this result in those States that have adopted it.

In rare cases, usually involving the death penalty, states have refused or delayed rendition. In 1987, this was overturned by Puerto Rico v. Branstad, so a federal interest in resolving interstate rendition disputes was established. Nevertheless, the right of refusal of rendition was not overturned.

Extradition for fugitives who are charged with a crime is commonly requested by state or county prosecutors. Formal interstate rendition will involve both state governors. Other procedures can involve waiving documentary formalities before surrender of the fugitive. Under the Uniform Extradition Act adopted in 48 states, Puerto Rico and the Virgin Islands (but not in Mississippi and South Carolina), there is a distinction between fugitives who were in the demanding state at the time of the crime and those nonfugitives whose prior presence is not so alleged. The first type is mandatory under the United States Constitution. The less frequent second type allows for some Gubernatorial discretion. These cases can involve bad checks or failure to pay child support but they still must be criminal matters.

Bounty hunters and bondsmen once had unlimited authority to capture fugitives, even outside the state where they were wanted by the courts. When they deliver such a person, this is considered rendition, as it did not involve the intervention of the justice system in the state of capture. Under more recent law, bounty hunters are not legally permitted to act outside of the state where the offense took place, but cases of rendition still take place due to the financial interest the bondsmen have in returning a fugitive and recovering from the bail bond forfeiture. Formally, such fugitive cases should be turned over to the state for execution under the Uniform Criminal Extradition Act (1936) and the Uniform Extradition and Rendition Act (1980), if the fugitive's location is known, or the United States Marshals Service, when it is not.

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