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The tumultuous relationship between the United States and Canada’s extradition systems, their histories, and all of the issues, conflicts and controversies are here in this richly detailed, colorful text. The book is especially valuable today given the global response to the events of September 11, 2001 and the United States’ war on terrorism, which has had a dramatic impact on the way Canada and the U.S. conduct extradition procedures between one and other. The author examines the most crucial extradition cases from the 19th to the 21st century, including cases arising out of World War II, the civil rights era, and recent terrorist activities. Amongst the highlights are detailed analysis of: • Attitudes towards extradition in North America from initial reluctance to extradite to the negotiation of the Jay Treaty (1794), which had a rudimentary extradition provision; • The period of the greatest development of extradition law, which occurred at the beginning of the twentieth century; • The consolidation of extradition procedure towards a period of assertion of pre-eminent executive discretion, a “devolution” characterized by an eventual breakdown in cooperation between Canada and the United States in extradition matters after the Second World War; • The extent to which extradition dried up until 1971, when a new extradition treaty between Canada and the United States was negotiated, along with innovative procedures for improving cooperation in handling extradition requests on both sides of the border; • The Treaty of Extradition Between the Government of Canada and the Government of the United States ratified in 1976, as amended in 1988 and 2003, which provides rules governing seizure and sufficiency of evidence, arrest, and provisional arrest; encourages mutual cooperation between the executive authorities of the two nations; and in theory at least provides a modicum of protection for individuals caught up in extradition proceedings. Current legislative scheme in Canada’s Extradition Act (1999), showing the ways in which executive discretion has been expanded and judicial discretion diminished in virtually every level. The shifting sands of extradition law from the perspective of the twenty-first century, including the ramifications of extraditing alleged terrorists to face justice in a shaken and bestirred America. This work will be valuable for anyone working on the myriad extradition cases now existing between the United States and Canada or for those interested in acquiring an understanding of certain historical differences between these North American neighbors. Published under the Transnational Publishers imprint.
¿Extradition¿ is the formal surrender of a person by a State to another State for prosecution or punishment. The U.S. has extradition treaties with over a hundred nations, although there are many countries with which it has no extradition treaty. International terrorism and drug trafficking have made extradition an increasingly important law enforcement tool. Contents of this report: (1) Intro.; (2) Bars to Extradition; (3) Constitutionality; (4) Procedure for Extradition from the U.S.: Arrest and Bail; Hearing; Review; Surrender; (5) Extradition for Trial or Punishment in the U.S.; (6) Alternatives to Extradition; Waiver. Append.: Countries with Which the U.S. Has a Bilateral Extradition Treaty, and those with Which the U.S. Has No Bilateral Extradition Treaty.
As recently as the early 1970s, the United States typically made and received only 40 requests for international extradition per year. As the world has become “flatter”, there has been a concomitant explosion in transnational criminal activity to which the United States has had to respond. In 2008 alone, 589 people were extradited to it and many others extradited by it. The treatise is designed for prosecutors, defense attorneys, judges and academics. Written by the former Department of Justice official responsible for implementation of United States extradition statutes and treaties as it began designing the mechanisms to cope with the explosion of transnational criminal activity, it analyzes in detail the legal aspects of, and operation under, those statutes and treaties. Additional titles by Michael Abbell include: • International Prisoner Transfer 2010 • Obtaining Evidence Abroad in Criminal Cases 2010 This is the final Edition, there will be no further updates for this series.
"This edition remains, as its preceding ones, the most comprehensive text on the subject of international extradition, as practiced in and by the United States, and in general about the international practice of extradition". -- FOREWORD.
"Extradition" is the formal surrender of a person by a state to another state for prosecution or punishment. Extradition to or from the United States is a creature of treaty. The United States has extradition treaties with over a hundred of the nations of the world, although they are many with whom it has no extradition treaty. International terrorism and drug trafficking have made extradition an increasingly important law enforcement tool. This book is a review of the adjustments made in recent treaties to accommodate American law enforcement interests, and then a nutshell overview of the federal law governing foreign requests to extradite a fugitive found in this country and a United States request for extradition of a fugitive found in a foreign country.
The subject of "international extradition" is not independently taught in legal education programs around the world, yet extradition remains today the most significant form of mutual assistance in criminal matters between States. This book provides a concise and clear description of extradition law and procedure based on a number of key principles and concepts (double criminality, rule of speciality, assurances) drawn from domestic extradition statutes, bilateral and multilateral treaties. It then outlines 35 well-known extradition cases, in which suspects, accused and convicted persons fought the extradition requests by invoking certain grounds for refusal of surrender (human rights violations, unfairness of trial in the requesting country, excessive punishment, etc). For each of these cases, an outline of the facts, the outcome of the case, and the legal arguments of the parties is provided. The book is ideal for legal practitioners who wish to familiarise with the law and practice of extradition litigation around the world and to learn about the best available strategies to effectively assist clients in extradition cases.