Extradition Act of 1981: Hearing Before the Committee on the Judiciary, United States Senate, Ninety-seventh Congress, First Session, on S. 1639, October 14, 1981 |
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2d Cir 5th Cir Abu Eain accused alleged American Andersonstown application arrest Artukovic Attorney bail Belfast bombing British Army Castioni committed complaint crime charged criminal decision defense denied determination District Court evidence executive branch Extradition Act extradition hearing extradition proceedings extradition request extradition treaties fact Ferrandina filed finding foreign country foreign government fugitive Garrett Government's habeas corpus international extradition Irish Republican Army Israel issue judge judicial Judiciary jurisdiction legislation LIBRARY OF CONGRESS magistrate Magistrate's Masterson McMullen ment Northern Ireland pending person sought petition petitioner PIRA political character political crimes political disturbance political offense exception political uprising present probable cause procedures provisions Republic of Ireland Republican requested Party requesting country requires rule S.Ct Secretary Senator Sindona Sinn Fein Soldier standard statement statute Strom Thurmond Supp supra surrender terrorist testimony Thurmond Tiberias tion trial United Kingdom United States Code violence warrant Wilkes Yasin
Popular passages
Page 142 - In dealing with probable cause, ... as the very name implies, we deal with probabilities. These are not technical; they are the factual and practical considerations of everyday life on which reasonable and prudent men, not legal technicians, act.
Page 259 - If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or convention, he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention...
Page 281 - A fugitive criminal shall not be surrendered if the offence in respect of which his surrender is demanded is one of a political character...
Page 49 - I hold it, that a little rebellion, now and then, is a good thing, and as necessary in the political world as storms in the physical.
Page 42 - that whoever drew blood in the streets should be punished with the utmost severity," was held after long debate not to extend to the surgeon, who opened the vein of a person that fell down in the street with a fit. 5. But, lastly, the most universal and effectual way of discovering the true meaning of a law, when the words are dubious is by considering the reason and spirit of it or the cause which moved the legislator to enact it.
Page 163 - ... there must be two or more parties in the State, each seeking to impose the Government of their own choice on the other...
Page 124 - Every sovereign state is bound to respect the independence of every other sovereign state and the courts of one country will not sit in judgment on the acts of the government of another done within its own territory.
Page 121 - We are not to be understood, however, as underrating the weight of the argument that in a case involving private rights, the court may be obliged, if those rights are dependent upon the construction of acts of Congress or of a treaty, and the case turns upon a question, public in its nature, which has not been determined by the political departments in the form of a law specifically settling it, or authorizing the executive to do so, to render judgment, " since we have no more right to decline the...
Page 114 - Extradition shall be granted only if the evidence be found sufficient, according to the laws of the place where the person sought shall be found, either to justify his committal for trial if the offense of which he is accused had been committed in its territory or to prove that he is the identical person convicted by the courts of the requesting State.
Page 140 - State, that the requisition for his surrender has in fact been made with a view to try or punish him for an offence of a political character...