[Dmoore]

A Canadian citizen is living in the United States on a Student visa. Another Canadian citizen who is in the US on vacation murders the student and is apprehended by US law enforcement. Would the murderer be extradited to Canada, or tried in the US? Would it make a difference if he had a warrant for his arrest for outstanding tickets in Canada?

[mudweiser]

Okay, for some reason I find this question very inappropriate.

Either way this person will get caught and sent to jail, hopefully for life.

Well here is what I found on the internet:

There are a number of variables in your question but I think I can give you some insight. If you eliminate all the diplomatic issues and we are simple dealing with an average citizen of Canada it would normally go something like this.

A warrant would be issued and the person arrested. He would be held by the United States or more specifically by the State where the offense was committed. (Murder is a State crime. There are a limited number of Federal murders like killing the President but they are very limited in scope) That State would conduct the trial and the person would be subject to that State's penalties, up to and including the death penalty. In the US we even extradite between States. If a murder is committed in California and the murderer flees to Washington State, California will initiate extradition papers to return the person to California for trial. OK, back to your situation.

If the person committed the crime and fled back to Canada the State in question would issue their warrant and, in conjunction with the State Department, they would ask Canada to extradite the individual to face trial. Things can get interesting at this point. Since Canada doesn't have the death penalty they have been known to deny the request to extradite a person who would face the death penalty. If the State doesn't have the death penalty the issue is moot but if they do have it they would normally have to convince Canada that the death penalty would not be sought in the particular case.

I don't know of any case where Canada would be asked to prosecute a person for a crime committed in the United States. It is simply a matter of jurisdiction.

[Dmoore]

Yes, I expected that response. I'm an aspiring author and I want the facts before I start writing and I didn't want to muddle the question with trivialities. No real-world application is intended. I appreciate you helping despite your reservations.

Could I ask where you found the information?

[twinkiedooter]

The Canadian would be charged and held in the USA pending prosecution. If they were found guilty the person would do their prison time in the USA. This would be regardless of whatever tickets the Canadian had in Canada. Once the person was free from incarceration in the USA they would be deported back to Canada. Then Canada can do as they wish with the person as they would be meeting the person at Canadian Customs as the person would not be just free to return to Canada on their own. They would definitely have a police escort to the Border.

[mudweiser]

Yes, I expected that response. I'm an aspiring author and I want the facts before I start writing and I didn't want to muddle the question with trivialities. No real-world application is intended. I appreciate you helping despite your reservations.

Could I ask where you found the information?

Well you do have to understand that questions like that are kind of scary, I really wouldn't like to help a killer.

Well sometimes when I can't find my answers here I find them on Yahoo answers.