ANTICIPATORY WAIVERS OF EXTRADITION IN U.S. PROSECUTIONS

ANTICIPATORY WAIVERS OF EXTRADITION IN U.S. PROSECUTIONS AS A FACTOR UNDER THE BAIL REFORM ACT QUESTION: In domestic prosecutions, is an anticipatory waiver of extradition executed before the U.S. court an effective condition under the Bail Reform Act of 1984 ("BRA"), 18 U.S.C. §§ 3141, et seq., alone or in combination with other measures, to "reasonably assure" a defendant's later appearance at trial? SHORT ANSWER: An anticipatory waiver of extradition provides no assurances that the defendant will return to court when ordered. The Office of International Affairs (OIA) is unaware of any country that would consider such a waiver binding in its extradition proceeding. The extradition of a defendant from a foreign country is a long and costly process with uncertain results, possibly including the imposition of limitations on the United States prosecution or potential sentence. Additionally, a written waiver of extradition from a particular country, even if it were enforceable