Reform of the Extradition Laws of the United States

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Excerpt from Reform of the Extradition Laws of the United States: Hearings Before the Subcommittee on Crime of the Committee on the Judiciary, House of Representatives, Ninety-Eighth Congress, First SessionMr. Helton. The cases that I know about really do not go that far. We have not yet been faced with a situation in which that has occurred.As I mentioned before, though, in our View the Situation is not at all a hypothetical one, and certainly there are cases in which both situations have come up, as cited in my statement, where persons have either been awarded or denied refugee status and their extra dition, has then been sought, their extradition has been denied and their deportation sought. The issues have been raised in those cases.So, it is certainly more than a theoretical possibility that, for ex ample, a person could be ordered extradited and apply for political asylum at that point, seeking to show that they have a well-found ed fear of persecution. What procedure would ultimately govern? That is unclear under the way that the extradition and asylum and refugee laws currently interface.Mr. Hughes. Wouldn't you agree that with the literally hun dreds of extradition cases that we are faced with in a year, the present procedure, is adequate in such instances, or at least it indi cates a pretty good track record, and as has been often said, if it ain't broke, don't fix it?Mr. Helton. As it stands now the courts do have the opportunity to make the inquiry. And what differs, in terms of the legislation being proposed, is that the courts would be restricted in the kind of inquiry that could be made in connection with the background of the extradition request. We submit that little more than current law should be entertained in that connection, particularly as it would apply to refugees.Mr. Hughes. You are talking about what area that the courts could inquire into? You're talking about cases that Shock the con science, for instance, that line of cases?About the PublisherForgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.comThis book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully, any imperfections that remain are intentionally left to preserve the state of such historical works.