Extradition, Politics, and Human Rights

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Temple University Press, 2001 - Law - 445 pages
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Three hundred years ago, few people cared about the murky past of new arrivals to the United States, and the countries they had left made few efforts to pursue them to their new home. Today with the growth of bureaucracy, telecommunications, and air travel, extradition has become a full-time business. But the public's knowledge of, and consequent concern about, extradition remains minimal, aroused from time to time by newspaper headlines, only to fade. In this readable and compelling history of extradition in America, Christopher Pyle remedies that ignorance. Using American constitutional law and drawing on a wealth of historical cases, he describes the collision of law and politics that occurs when a foreign country demands the surrender of individuals held to be terrorists by some and freedom fighters by others. He shows how U.S. policymakers have attempted to substitute deportation for extradition, and turn the surrender of a foreign national (or even an American citizen) into a political rather than a judicial process. Beginning with the New England Puritans' refusal to surrender to the "regicides" who had signed the death warrant of King Charles I, he traces the attitudes and ideologies that have shaped American extradition practice, culminating in the efforts by the Reagan and Bush administrations to turn the legal extradition process into an executive tool of state policy. Along the way we meet such legal luminaries as James Madison and John Stuart Mill, William Rehnquist and Oliver North, as well as pirates and fugitive slaves, anarchists and refugees, drug lords and runaway sailors. Woven throughout this story is the author's belief that current developments in extradition law ignore or actually violate the principles of individual liberty, due process, and humanity on which we claim our country was built. As he remarks in the Introduction, "Extradition involves the surrender of human beings--persons under the protection of our Constitution--to foreign regimes, many of which are unjust. This reality was well understood in the eighteenth and nineteenth centuries, when the United States was a refuge for the victims of European oppression, but it has been disregarded frequently in the twentieth century as we have sought to stem the tide of immigration and develop advantageous economic and political relations with autocratic regimes of every stripe." Author note: Christopher H. Pyle is Professor of Politics at Mount Holyoke College. He is the author of several books and Congressional reports and has frequently testified before Congress on the subject of extradition and deportation.
 

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Contents

INTRODUCTION
1
A NATION OF ASYLUM
8
THE EXTRADITION OF THOMAS NASH
24
THE MARTYRDOM OF JONATHAN ROBBINS
37
EXTRADITION AND SLAVERY
48
FIRST PRINCIPLES
63
OFFENSES OF A POLITICAL CHARACTER
79
JUDICIAL PRIMACY
96
POLICE WARS
141
EXEMPTING TERRORISTS
147
URBAN GUERRILLAS VERSUS ARMY DEATH SQUADS
168
EXTRADITE OR PUNISH?
184
GUTTING THE POLITICAL OFFENSE EXCEPTION
197
RETRIBUTIVE JUSTICE AND THE SECOND
218
IVAN WHO? GETTING THE WRONG MAN
250
THE LAW OF STOLEN PEOPLE I
263

THE UPRISING TEST AND ILLIBERAL REVOLTS
105
NONINQUIRY
118
COLD WAR JUSTICE
130
THE LAW OF STOLEN PEOPLE II
281
RETHINKING EXTRADITION
300
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Christopher H. Pyle is Professor of Politics at Mount Holyoke College. He is the author of several books and Congressional reports and has frequently testified before Congress on the subject of extradition and deportation.

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