NCJ Number
13483
Journal
Yale Law Journal Volume: 83 Issue: 4 Dated: (MARCH 1974) Pages: 706-744
Date Published
1974
Length
39 pages
Annotation
EXPANSIVE APPROACHES TO NARCOTICS CRIME SUCH AS FOUND IN THE 1970 ACT ARE NOT LIKELY TO MEET WITH GREAT SUCCESS WHERE EXTRADITION IS REQUIRED TO SECURE THEIR ENFORCEMENT.
Abstract
INTERNATIONAL ATTITUDES TOWARD THE TREATMENT OF MOF MULTISTATE CRIMINAL CONDUCT REMAIN FAIRLY PRIMITIVE. THE OFTEN RIGID ADHERENCE OF NATIONS TO ANCIENT NOTIONS OF SOVEREIGNTY HAS SUBSTANTIALLY RETARDED THE DEVELOPMENT OF ANY SIGNIFICANT SYSTEM OF INTERNATIONAL CRIMINAL JUSTICE. THE UNITED STATES IS CURRENTLY A PARTY TO EXTRADITION AGREEMENTS INVOLVING OVER 90 COUNTRIES. OF THESE, 56 RECOGNIZE VIOLATIONS OF THE NARCOTICS LAWS AS EXTRADITABLE OFFENSES. IN ADDITION, THE RECENTLY SIGNED PROTOCOL AMENDING THE SINGLE CONVENTION ON NARCOTIC DRUGS CONTAINS A PROVISO WITH REGARD TO A LONG LIST OF VARIOUS NARCOTICS OFFENSES. WHILE THIS PROVISION OPERATES TO ENSURE THAT VARIOUS TYPES OF NARCOTICS OFFENSES WILL BE RECOGNIZED AS EXTRADITABLE CRIMES AMONG THE SIGNATORIES, THE SURRENDER OF OFFENDERS UNDER IT MUST BE ACCOMPLISHED WITHIN THE EXISTING FRAMEWORK OF THE EXTRADITION PROCESS. IN THIS REGARD THERE EXIST SEVERAL SIGNIFICANT PROBLEM AREAS. AMONG THESE ARE DIFFICULTIES RELATING TO THE JURISDICTIONAL COMPETENCE OF THE REQUESTING STATE, THE CHARACTERIZATION OF THE ACTS FOR WHICH THE REQUEST IS MADE, AND THE NATIONALITY OF THE PERSON REQUESTED. (AUTHOR ABSTRACT)