Tuesday, March 19, 2013

Factor vs Lubenheimer

Principle: specific offence for which the extradition is sought for must be an offence in the state requesting for extradition and the state extradited accused.

Fact: proceedings were taken by the British authorities for the extradition of j.Factor on a charge of receiving in London money which he knew to have been fraudulently obtained. At the time when extradition was sought for, Factor was residing in the state of Illinois by the laws of which the offence charged was not an offence in Illinois.

Issues:
1. Whether Factor can be extradited on the following case?
2. Whether rule of double criminality applies on this case?

Judgment: supreme court of United States held that, the offence with which the plaintiff was charged was an extraditable crime even though it was not punishable by the law of state of Illinois where the plaintiff was taken in custody.

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