Trial of Fugitives After Removal.

There is nothing in the Constitution or laws of the United States that exempts an offender, brought before the courts of a state for an offense against its laws, from trial and punishment, even though he was brought from another state by unlawful violence,252 or by abuse of legal process,253 and a fugitive lawfully extradited from another state may be tried for an offense other than that for which he was surrendered.254 The rule is different, however, with respect to fugitives surrendered by a foreign government, pursuant to treaty. In that case the offender may be tried only “for the offense with which he is charged in the proceedings for his extradition, until a reasonable time and opportunity have been given him, after his release or trial upon such charge, to return to the country from whose asylum he had been forcibly taken under those proceedings.”255

Footnotes

252
Ker v. Illinois, 119 U.S. 436, 444 (1886); Mahon v. Justice, 127 U.S. 700, 707, 712, 714 (1888). [Back to text]
253
Cook v. Hart, 146 U.S. 183, 193 (1892); Pettibone v. Nichols, 203 U.S. 192, 215 (1906). [Back to text]
254
Lascelles v. Georgia, 148 U.S. 537, 543 (1893). [Back to text]
255
United States v. Rauscher, 119 U.S. 407, 430 (1886). [Back to text]