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UNIVERSITY OF

ILLINOIS LIBRARY

AT URBANA-CHAMPAIGN

BOOKSTACKS

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Improved means of travel which modern invention has afforded and the consequent ease of flight have made the extradition of criminals a subject of constantly growing importance. A person commits an atrocious offense, and in a few hours at most may be beyond the confines of the country whose laws he has violated. Once within the jurisdiction of another country he may defy the authorities of the place of his criminal activity unless the Government of the country to which he has fled, animated with a desire to promote the cause of general justice, shall take some action to deprive him of his immunity from punishment. Three methods of dealing with fugitive criminals have been suggested: (1) Trial and punishment by the country of refuge.

(2) Expulsion.

(3) Extradition.

While the first method has found able advocates, it has generally been regarded as impracticable and as not satisfying the ends of justice, and its application has never seriously been attempted.

The inadequacy of expulsion lies in the fact that it only rids the country of refuge of a possibly dangerous individual, and affords no satisfaction to the laws which he has violated. It can be employed as a substitute for extradition only when, by reason of the character or circumstances of the offense, the fugitive ought not to be surrendered, but at the same time ought not to be afforded protection.

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In extradition alone is found the efficient remedy for the evils to be treated. It rids the country of refuge of undesirable persons, and at the same time meets the demands of justice by handing the offender over to be tried according to the laws which he is charged to have broken. It has been much discussed by publicists whether extradition is a matter of perfect or of imperfect obligation-a matter of duty or of comity. This question, however, has become of less and less importance as extradition has come to be more generally regulated by treaty. It has often been suggested that each nation should regulate extradition for itself, by a general law, enumerating the offenses for which fugitives should be delivered up, and that such delivery should be granted independently of treaty and of reciprocity. But the decided 401957

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