Since the courts have been unable to develop a workable test to distinguish between political and non-political offenses, this Note argues for a clear division between the roles of the judiciary and the executive in extradition proceedings. This division-of-responsibility approach would have the judiciary determine probable cause and the sufficiency of evidence to sustain a charge against an accused while the determination of the political or non-political character of an offense would be left to the State Department. The Note argues that had this approach been adopted, recent extradition decisions could have reached harmonious results.
James G. Clark,
Political Offenses in Extradition: Time for Judicial Abstention,
5 Hastings Int'l & Comp. L. Rev. 131
Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol5/iss1/4