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NCJ Number: 77106 Add to Shopping cart Find in a Library
Title: Terrorist Extradition and the Political Offense Exception - An Administrative Solution
Journal: Virginia Journal of International Law  Volume:21  Dated:(Fall 1980)  Pages:163-183
Author(s): V P Ravaschiere
Date Published: 1980
Page Count: 21
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Language: English
Country: United States of America
Annotation: This paper examines the history and elements of the political offense exception, especially as applied in cases involving 'relative' political offenses, those offenses which take the form of a common crime. It proposes an administrative solution to improve current extradition practices, especially with respect to terrorists.
Abstract: The first judicial attempt to define 'political offense' for extradition purposes in Anglo-American law was the 1891 English case, In re Castioni. The court in Castioni established the 'political-incidence' test as a method of protecting those who exercised their political right of revolution. However, subsequent applications of this rule have strained the test in order to deny extraditions. U.S. courts readily use their own discretion not only in applying the political-incidence test but also in framing the requirements of the test. Contradictory outcomes in recent cases involving terrorists further illustrate the differing interpretations of the political offense exception. A more workable approach to determining whether an act falls within the exception would be to declare by statute that certain acts are so far beyond the pale of acceptable behavior that they will be treated as common crimes regardless of any political content. In addition, the accused would be entitled to raise the exception in an adjudicatory hearing by the Department of State. The process would allow for legal representation, procedural safeguards, and the compilation of a record upon which the decision would be based. The opportunity for limited judicial review also would be provided. Footnotes are included.
Index Term(s): International cooperation; International extradition; Judicial decisions; Political crimes; Political offender nonextradition; Terrorism/Mass Violence; Terrorist detention; US Department of State
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