1998 Articles

The Right to Bail in International Extradition Proceedings

Persily, Nathaniel A.

Part I provides a general introduction to the history of the extradition statute. Part II describes the complex procedures involved in each stage of an extradition proceeding as they relate to bail. Part III presents a short description, by way of comparison, of the governing law for federal bail cases outside the realm of extradition law. Part IV examines the "rule" of "special circumstances" first phrased (perhaps inadvertently) in Wright, made prominent by a single opinion of Judge Learned Hand, and developed piecemeal by federal district courts throughout the course of this century. Part V describes the legislative efforts that attempted to bring order to this confusing area of the law and provides a few suggestions for directing future legislation.