Hastings International and Comparative Law Review


James G. Clark


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.