Rendition (law)
Encyclopedia
In law
, rendition is a "surrender" or "handing over" of person
s or property
, particularly from one jurisdiction
to another. For criminal suspect
s, 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. But extraordinary rendition
is distinct from both deportation and extradition, being inherently illegal.
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. 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 Governor discretion. These cases can involve bad checks or failure to pay child support but they still must be criminal matters.
Bounty hunter
s and bondsmen once had limited 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 the bail. 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.
Rendition was infamously used to recapture fugitive slave
s, who under the Constitution and various federal laws had virtually no human rights. As the movement for abolition
grew, Northern states increasingly refused to comply or cooperate with rendition of escaped slaves, leading to the Fugitive Slave Law of 1850
. This non-cooperation was behind the longstanding principle of refusal, only reverted in the 1987 decision.
groups charge that extraordinary rendition is a violation of Article 3 of the United Nations Convention Against Torture
(UNCAT), because suspects are taken to countries where torture during interrogation remains common , thus circumventing the protections the captives would enjoy in the United States or other nations who abide by the terms of UNCAT. Its legality remains highly controversial, as the United States outlaws the use of torture, and the U.S. Constitution
guarantees due process
. Rendered suspects are denied due process because they are arrested without charges, deprived of legal counsel
, and illegally transferred to a third world
country with the intent and purpose of facilitating torture and other interrogation measures which would be illegal in the USA.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, rendition is a "surrender" or "handing over" of person
Person
A person is a human being, or an entity that has certain capacities or attributes strongly associated with being human , for example in a particular moral or legal context...
s or property
Property
Property is any physical or intangible entity that is owned by a person or jointly by a group of people or a legal entity like a corporation...
, particularly from one jurisdiction
Jurisdiction
Jurisdiction is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility...
to another. For criminal suspect
Suspect
In the parlance of criminal justice, a suspect is a known person suspected of committing a crime.Police and reporters often incorrectly use the word suspect when referring to the...
s, extradition
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
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. But extraordinary rendition
Extraordinary rendition
Extraordinary rendition is the abduction and illegal transfer of a person from one nation to another. "Torture by proxy" is used by some critics to describe situations in which the United States and the United Kingdom have transferred suspected terrorists to other countries in order to torture the...
is distinct from both deportation and extradition, being inherently illegal.
Interstate rendition
Rendition between states is required by Article Four, Section TwoArticle Four of the United States Constitution
Article Four of the United States Constitution relates to the states. The article outlines the duties states have to each other, as well as those the federal government has to the states...
of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
; 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. In rare cases, usually involving the death penalty, states have refused or delayed rendition. In 1987, this was overturned by Puerto Rico v. Branstad
Puerto Rico v. Branstad
Puerto Rico v. Branstad, 483 U.S. 219 , was a case decided by the Supreme Court of the United States that ruled unanimously that Federal Courts have the power to enforce extraditions based on the Extradition Clause of Article Four of the United States Constitution. The decision overruled a prior...
, 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 Governor discretion. These cases can involve bad checks or failure to pay child support but they still must be criminal matters.
Bounty hunter
Bounty hunter
A bounty hunter captures fugitives for a monetary reward . Other names, mainly used in the United States, include bail enforcement agent and fugitive recovery agent.-Laws in the U.S.:...
s and bondsmen once had limited 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 the bail. 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
United States Marshals Service
The United States Marshals Service is a United States federal law enforcement agency within the United States Department of Justice . The office of U.S. Marshal is the oldest federal law enforcement office in the United States; it was created by the Judiciary Act of 1789...
, when it is not.
Rendition was infamously used to recapture fugitive slave
Fugitive slave
In the history of slavery in the United States, "fugitive slaves" were slaves who had escaped from their master to travel to a place where slavery was banned or illegal. Many went to northern territories including Pennsylvania and Massachusetts until the Fugitive Slave Act of 1850 was passed...
s, who under the Constitution and various federal laws had virtually no human rights. As the movement for abolition
Abolitionism
Abolitionism is a movement to end slavery.In western Europe and the Americas abolitionism was a movement to end the slave trade and set slaves free. At the behest of Dominican priest Bartolomé de las Casas who was shocked at the treatment of natives in the New World, Spain enacted the first...
grew, Northern states increasingly refused to comply or cooperate with rendition of escaped slaves, leading to the Fugitive Slave Law of 1850
Fugitive Slave Law of 1850
The Fugitive Slave Law or Fugitive Slave Act was passed by the United States Congress on September 18, 1850, as part of the Compromise of 1850 between Southern slave holding interests and Northern Free-Soilers. This was one of the most controversial acts of the 1850 compromise and heightened...
. This non-cooperation was behind the longstanding principle of refusal, only reverted in the 1987 decision.
Irregular rendition
American use of “irregular rendition” is a familiar alternative to extradition. It involves kidnaping or deceit. Kidnaping a defendant overseas and returning him to the United States for trial does not deprive American courts of jurisdiction unless an applicable extradition treaty explicitly calls for that result.Extraordinary rendition
Human rightsHuman rights
Human rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...
groups charge that extraordinary rendition is a violation of Article 3 of the United Nations Convention Against Torture
United Nations Convention Against Torture
The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights instrument, under the review of the United Nations, that aims to prevent torture around the world....
(UNCAT), because suspects are taken to countries where torture during interrogation remains common , thus circumventing the protections the captives would enjoy in the United States or other nations who abide by the terms of UNCAT. Its legality remains highly controversial, as the United States outlaws the use of torture, and the U.S. Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
guarantees due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
. Rendered suspects are denied due process because they are arrested without charges, deprived of legal counsel
Counsel
A counsel or a counselor gives advice, more particularly in legal matters.-U.K. and Ireland:The legal system in England uses the term counsel as an approximate synonym for a barrister-at-law, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers...
, and illegally transferred to a third world
Third World
The term Third World arose during the Cold War to define countries that remained non-aligned with either capitalism and NATO , or communism and the Soviet Union...
country with the intent and purpose of facilitating torture and other interrogation measures which would be illegal in the USA.
External links
- All Party Parliamentary Group on Extraordinary Rendition
- Rendition of Anthony Burns - notorious fugitive slave law incident
- Legal history of interstate rendition
- Outsourcing Torture, from The New YorkerThe New YorkerThe New Yorker is an American magazine of reportage, commentary, criticism, essays, fiction, satire, cartoons and poetry published by Condé Nast...
, February 7, 2005 - 2000 State Department list of renditions and extraditions - through 2000
- Alternatives to extradition - definition of rendition and extraordinary rendition used by the United States Department of JusticeUnited States Department of JusticeThe United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
- Friendly Renditions to Islamic Countries