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A Delicate Balance: Extradition, Sovereignty, and Individual Rights in the United States and Canada
Rose, Thomas
Rose, Thomas
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Abstract
Historically, extradition has been a reflection of, and an exercise in, the supremacy of the state over the individual A fugitive is by definition an affront to that supremacy, for such a person embodies the inability of the state to hold accountable someone who ostensibly has broken its legal code. Without prosecution there is criminal impunity, and that is seen as a direct challenge to the authority and sovereign duty of the state to protect its citizens. An extradition treaty provides a way to meet this challenge by giving states a mechanism to apprehend each other's fugitives.