Also known as:flee from justice · fled from justice · flees from justice · flight from justice
Written by attorneys · grounded in primary & secondary sources — see below
Conduct by a person charged in one state with treason, felony, or other crime who leaves that state and is later found in another. The conduct triggers a mandatory duty on the asylum state to deliver the person upon proper demand by the charging state's executive authority.
Sources & Authorities
How it applies
Common Examples
5
Extradition Demand After Flight
Flora Ford faces felony securities charges in State A after marketing services there. She returns to her home in State B before arrest. State A's governor issues a formal extradition demand with proper documentation. State B's governor must deliver Flora upon receipt of the demand.
Flight During Investigation
Fatou Fall works a seasonal job in State C and is later charged with arson after a farm fire. She returns to State D before police arrive. State C obtains an arrest warrant and demands extradition. State D must surrender Fatou once the demand is properly presented.
Post-Charge Return Home
Forrest Falconer is indicted for assault in State E after a workplace incident. He leaves for State F the same day. State E's prosecutor secures a warrant and issues a formal extradition request. State F has no discretion to refuse delivery on the ground that the charges may be weak.
Select any source to read its text and confirm it supports the definition.
Casebooks
Fugitive Status After Bail
Faye Fuller is released on bail in State G following an aggravated assault arrest. She immediately travels to State H. State G's district attorney submits a proper extradition demand. State H must honor the request and return Faye to face the charges.
Interstate Surrender Obligation
Fernando Farrell is charged with obstruction in State I while handling a case in State J. He returns to State I after release. State I's governor presents a formal demand to State J. State J must deliver Fernando without inquiring into the merits of the underlying prosecution.
Common questions
Frequently Asked
4
Does a person qualify as fleeing from justice if they leave the state before formal charges are filed?+
Yes. A person who departs after the alleged conduct but before arrest or indictment still qualifies once a warrant issues and a proper demand is made. The constitutional obligation applies upon the executive demand regardless of the precise timing of departure.
Supporting sources
May the asylum state's governor refuse extradition because the charges appear retaliatory or weak?+
No. The clause imposes a mandatory duty once proper documentation for a felony is presented. Any challenge to the merits or motives of the prosecution 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 governor to block extradition when the fugitive alleges discrimination in the demanding state?+
No. The extradition obligation operates independently of privileges and immunities claims. Alleged discrimination in licensing or benefits must be litigated separately in the demanding state or federal court and does not create an exception to the duty to deliver.
Supporting sources
Is the extradition clause self-executing between states without need for additional federal legislation?+
Yes. The provision directly obligates the asylum state to deliver a qualifying fugitive upon proper demand. Congress may regulate procedural details but the core interstate duty does not depend on further statutory authorization.
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