Collins v. O'NEIL
Headline: Court rejects treaty-based immunity and allows California to try and imprison a person for crimes committed after extradition, denying a protected right to leave and return before prosecution of new offenses.
Holding:
- Allows states to prosecute crimes committed after extradition.
- Ends treaty-based immunity for offenses occurring after surrender.
- Extradited persons have no right to immediate return if they commit new crimes.
Summary
Background
A person who had been returned under extradition treaties between the United States and Great Britain argued that California could only try him for the single offense specified in the surrender. He said that after that trial he must be given reasonable time to go back to the country that surrendered him, and that he could not be arrested or tried in the receiving country for any offense committed later.
Reasoning
The Court addressed whether the treaties require that protection to cover crimes committed after extradition. Relying on the treaty texts and prior decisions, the Court said the treaty language applies only to offenses that took place before surrender. It rejected the idea that a treaty would guarantee a safe return even if the person later committed serious crimes in the receiving country. The Court explained that earlier cases do not support extending the treaty, and that neither the cited statutes nor the treaties require postponing prosecution for later offenses.
Real world impact
The decision means a person extradited under these treaties does not get immunity from being tried for new crimes committed after surrender. States may proceed to prosecute and detain such people under state law. The Court affirmed the convictions and directed that the defendant be sent to the state prison specified in his sentence.
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