Also known as:flees from justice · fleeing from justice · fled from justice · flight from justice
Written by attorneys · grounded in primary & secondary sources — see below
An act by which a person charged with treason, felony, or other crime in one state departs that state and is later located in another state. The departure triggers a mandatory duty of interstate extradition upon proper demand by the executive authority of the charging state.
Sources & Authorities
How it applies
Common Examples
6
Extradition Demand After Flight
Flora Ford was indicted for securities fraud in State B after marketing services there. She returned to State A before arrest. State B's governor issued a formal demand with proper documentation. State A's governor must deliver her up because she fled from justice and the constitutional text imposes a mandatory obligation once the papers are in order.
Municipal Policy and Flight
Fernando Farrell faced felony charges in State A for conduct tied to a city agency's practices. He left for State B after the indictment. State A's executive made a proper demand. State B must surrender him because the flight from justice activates the extradition clause regardless of the underlying policy claims.
Select any source to read its text and confirm it supports the definition.
Dictionaries
Francesca Fowler was charged with a felony in State C. She departed for State D before arrest. Officers in State D stopped her after observing rapid movement away from the area. The flight from justice supports the charging state's later extradition demand once formal papers arrive.
Delayed Charges After Departure
Felicia Fuentes left State E after the alleged conduct but before charges were filed. State E later obtained a warrant for a serious offense and demanded her return from State F. Her departure qualifies as flight from justice once the warrant issued, obligating State F to deliver her up.
Federal Commandeering Limits
Fiona Foster was charged with a federal offense in one district and fled to another state. The demanding authority issued a proper extradition request. State officials must honor the delivery obligation because the flight from justice triggers the constitutional mechanism even when federal enforcement structures are involved.
Duress Claim After Flight
Floyd Franklin departed the charging jurisdiction after indictment on a serious offense. He later asserted that external pressures compelled his departure. The flight from justice still requires return upon proper demand because the clause focuses on the fact of departure after charging rather than the reasons offered for leaving.
Common questions
Frequently Asked
3
Does a person who leaves a state before formal charges qualify as having fled from justice?+
Yes. Modern practice treats departure after the alleged conduct but before arrest or charging as flight from justice once a warrant or indictment issues and a proper demand follows. The constitutional text requires delivery upon demand regardless of whether the person left before or after formal accusation.
Supporting sources
May the asylum state's governor refuse extradition because the underlying charges appear weak or retaliatory?+
No. The clause creates a mandatory duty once proper documentation for a felony is presented. Defenses to the charges or claims of improper motive must be raised in the courts of the demanding state rather than through refusal by the asylum governor.
Supporting sources
Does the privileges and immunities clause allow an asylum state to block extradition when the demanding state previously denied the fugitive an economic benefit?+
No. The two provisions operate independently. A privileges and immunities violation in a separate civil or regulatory matter does not create an exception to the extradition obligation. The asylum governor must honor a valid demand and leave constitutional challenges to the demanding state's courts.
Supporting sources
436 U.S. 658, 690, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978)Constitutional Law
…U. S. Const., Art. IV, § 2, cl. 2: "A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the…
Constitutional LawIndividual rights · Other protections, including the privileges and immunities clauses, the contracts clause, unconstitutional conditions, bills of attainder, and ex post facto lawsUBEIntermediate