1.
Extradition is comprised of a judicial and an executive phase.
Correct Answer
A. True
Explanation
Extradition is a legal process where a person accused or convicted of a crime in one country is surrendered to another country for trial or punishment. It involves two phases: a judicial phase, where the court determines whether the person should be extradited, and an executive phase, where the government decides whether to actually surrender the person. Therefore, the statement that extradition is comprised of a judicial and an executive phase is true.
2.
What article of the US is the Extradition Clause?
Correct Answer
B. Article IV, Section 2, Clause 2
Explanation
The correct answer is Article IV, Section 2, Clause 2. This clause, also known as the Extradition Clause, states that a person charged with a crime in one state and found in another state shall be returned to the state where the crime was committed upon request. This clause is an important part of the US Constitution as it ensures cooperation between states in the extradition process and helps maintain law and order.
3.
What is the most common principle of extradition?
Correct Answer
B. Double (or dual) criminality
Explanation
The most common principle of extradition is double (or dual) criminality. This principle states that for extradition to occur, the alleged offense must be a crime in both the requesting and the requested country. In other words, the conduct for which extradition is sought must be considered a criminal offense in both jurisdictions involved. This principle ensures that individuals are not extradited for acts that are not considered criminal in the requested country, thus protecting their rights and preventing unjust extradition.
4.
Who will decide the extradition request during the judicial phase?
Correct Answer
A. Court
Explanation
During the judicial phase, the decision regarding an extradition request is made by the court. The court evaluates the evidence and arguments presented by both the requesting country and the individual facing extradition. They assess whether the extradition is legally permissible and meets the requirements outlined in the extradition treaty between the two countries. The court's decision is based on the principles of fairness and justice, ensuring that the rights of the individual are protected throughout the process.
5.
When was the first extradition act adopted?
Correct Answer
C. 1833
Explanation
The correct answer is 1833. This is the year when the first extradition act was adopted. Extradition is the process of one country surrendering an individual to another country for prosecution or punishment. The adoption of the extradition act in 1833 marked a significant development in international law, as it provided a legal framework for countries to cooperate in the extradition of criminals. This act established the principles and procedures for extradition, ensuring that criminals could be brought to justice across national borders.
6.
Which country first passed the extradition act?
Correct Answer
A. Belgium
Explanation
Belgium is the correct answer because it was the first country to pass an extradition act. This act allows the government to extradite individuals who have committed crimes in one country and seek refuge in another. By passing this act, Belgium demonstrated its commitment to international cooperation in criminal matters and ensuring that criminals cannot evade justice by fleeing to other countries.
7.
Extradition is regulated within countries by _______________.
Correct Answer
C. Extradition acts
Explanation
Extradition is the process by which a person who has committed a crime in one country is handed over to another country for trial or punishment. This process is regulated within countries by extradition acts. These acts outline the legal procedures and requirements for extradition, including the conditions under which extradition can take place and the obligations of the requesting and receiving countries. Diplomatic acts and treaties may also play a role in facilitating extradition between countries, but the primary regulatory framework is provided by extradition acts. Therefore, the correct answer is "Extradition acts."
8.
Who is responsible for whether to surrender a fugitive to a requesting state in the United States?
Correct Answer
B. The Secretary of State
Explanation
The Secretary of State is responsible for deciding whether to surrender a fugitive to a requesting state in the United States. This role falls under the jurisdiction of the Secretary of State, who is responsible for handling foreign affairs and international relations on behalf of the United States government. The President may also have some involvement in the decision-making process, but ultimately, it is the Secretary of State who holds the primary responsibility.
9.
According to which extradition principle, many States decline obligations to surrender their citizens?
Correct Answer
C. Non-extradition of nationals
Explanation
Many states decline obligations to surrender their citizens based on the principle of non-extradition of nationals. This principle states that a country will not extradite its own citizens to another country for prosecution. This principle is based on the idea that a country has a duty to protect and defend its own citizens, and that it should be the responsibility of the country itself to prosecute its citizens for any crimes they may have committed.
10.
Some principles of extradition are different in many countries.
Correct Answer
A. True
Explanation
The statement is true because extradition laws and principles vary across different countries. Each country has its own set of regulations and requirements for extradition, which may include factors such as the existence of an extradition treaty, the severity of the crime, the nationality of the individual, and the political relationship between the countries involved. Therefore, it is accurate to say that principles of extradition differ in many countries.