Skip to content
NeCede's

Maxim 1.5.335

It is not proper to surrender men when the cause has not been heard.

Non decet homines dedere causa non cognita.

Source: Wharton, III-217 Difficulty 3/5 — Intermediate

Explanation

No person may be delivered up to punishment, extradition, or forfeiture of liberty without first having his cause examined — due process of law requires that the matter be heard before any surrender of the person.

Where this applies

  • A foreign government demands the extradition of a political dissident without presenting any evidence or allowing a hearing, and the court refuses because no person may be surrendered without the cause being heard.
  • An immigration agency attempts to deport a resident without an evidentiary hearing, and the court blocks the deportation because the person's case must be examined before they can be turned over.
  • A parent is ordered to surrender custody of a child to state authorities based solely on an anonymous tip with no hearing, and the court reverses because no person should be surrendered when the cause has not been heard.

Legal domains

Cite this maxim

NeCede Max. 1.5.335 — It is not proper to surrender men when the cause has not been heard. — Wharton, III-217 (Non decet homines dedere causa non cognita.)

Found an error? Suggest a correction →