NCJ Number
178166
Journal
University of Michigan Journal of Law Reform Volume: 31 Issue: 4 Dated: Summer 1998 Pages: 1007-1037
Date Published
1998
Length
31 pages
Annotation
This Note argues that Mexico should extradite Mexican- national narco-traffickers high on the U.S. extradition request list.
Abstract
The introductory section of the Note advises that in recent years, Mexican narcotics trafficking has become a major threat to the security of the Americas. Mexican narco-traffickers have used their wealth and violence to corrupt political and judicial systems and avoid effective prosecution or penalties in Mexican courts. Historically, Mexico has refused to extradite its nationals in reliance on Mexican law that prohibits the extradition of nationals in all but "exceptional" cases. Part I of this Note discusses the current extradition treaty between the United States and Mexico. Part II covers the history of extradition, U.S. extradition procedure, and the jurisdiction under which the United States can prosecute a Mexican drug trafficker. Part III discusses problems traditionally associated with extradition requests for foreign nationals. In addition, Part III details U.S. beliefs about the extradition of nationals and explains Mexico's hesitation to extradite a national drug trafficker. Part IV proposes that Mexico should either recognize that the extradition of a Mexican drug trafficker fits within the constitutional exception for the extradition of nationals in "exceptional" cases or reform its extradition policy to allow the extradition of a Mexican drug trafficker to the United States. The extradition would be in the name of joint security and cooperation and would serve as a sign that Mexico wants to cooperate with the United States in fighting drug trafficking at its source. 213 notes