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NeCede's

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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