Breed v. Jones | Definition

Doc's CJ Glossary by Adam J. McKee
Course: Procedural Law

Breed v. Jones clarified that a defendant can be extradited to another state for a separate crime as long as due process rights are protected.


In Breed v. Jones, the Supreme Court of the United States addressed the issue of whether a defendant can be extradited to another state to face charges for a separate crime, even if they have already been convicted of a crime in the original state. The Court’s decision clarified the rules for extradition and established important protections for defendants facing extradition.

At the heart of the case was the question of whether extradition in this context violated the Double Jeopardy Clause of the Fifth Amendment, which prohibits individuals from being tried twice for the same offense. Melvin Jones, the juvenile defendant in the case, argued that he could not be extradited to California to face charges of burglary because he had already been convicted of armed robbery in that state.

The Court, however, disagreed with Jones and held that he could be extradited to California to face charges for burglary as long as the two states had an extradition treaty in place and his due process rights were protected. The Court reasoned that the Double Jeopardy Clause did not apply in this case because the burglary charge was a separate offense from the armed robbery charge for which Jones had already been convicted.

The Court also noted that the purpose of extradition is to ensure that individuals who commit crimes in one state cannot escape justice by fleeing to another state. The Court held that extradition serves an important public interest in preserving law and order and that the extradition of defendants to face charges in another state is a legitimate exercise of state power.

The Court’s decision in Breed v. Jones established important protections for defendants facing extradition, as it required that their due process rights be protected and that the extradition process be governed by an extradition treaty. The Court also clarified that the Double Jeopardy Clause does not prevent the extradition of defendants to face charges for separate offenses in another state.

However, the case also raised broader constitutional issues related to the protection of individual rights and the scope of state power. The use of extradition to transfer individuals from one state to another can be controversial, as it may involve legal challenges related to due process and other constitutional rights.

Overall, the case of Breed v. Jones established important protections for defendants facing extradition and clarified the rules for extradition in the United States. The Court’s decision helped to balance the competing interests of individual rights and public safety while ensuring that justice is served in cases where individuals commit crimes across state lines.


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Last Modified: 05/05/2023

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