Maxim 8.5.27
It is unbecoming to surrender men when no cause is shown.
Source: In re Washburn, 4 Johns. Ch. (N.Y.) 106, 114, 8 Am. Dec. 548; Weisman, 65aa
Difficulty 3/5 — Intermediate
Explanation
(English-origin maxim.) No person should be surrendered to another jurisdiction without cause shown — extradition and surrender require a demonstrated legal basis.
Where this applies
- A governor refuses an extradition request from another state because the requesting state has not shown probable cause that the person committed a crime there.
- A judge denies a foreign government's request to surrender a political refugee because no legitimate criminal charge has been presented.
- A court blocks the transfer of a prisoner to another jurisdiction because the requesting authority failed to demonstrate any legal basis for the surrender.
Legal domains
Cite this maxim
NeCede Max. 8.5.27 — It is unbecoming to surrender men when no cause is shown. — In re Washburn, 4 Johns. Ch. (N.Y.) 106, 114, 8 Am. Dec. 548; Weisman, 65aa
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