The purpose of this Note is to examine the opinions of the magistrate and court of appeals in In re Mackin, regarding the issue of whether the courts have jurisdiction to determine the applicability of the political offense exception. Part I of this Note will analyze the language of the applicable extradition statute and will compare the courts' interpretation with that of the government of the United States. Part II will attempt to resolve the jurisdictional issue by examining the language of the political offense exception in recent treaties. Part III will discuss the constitutional effect of the political question doctrine on the determination of the threshold issue by the courts.
Maria P. Imbalzano,
In Re Mackin: Is the Application of the Political Offense Exception an Extradition Issue for the Judicial or Executive Branch?,
5 Fordham Int'l L.J. 565
Available at: http://ir.lawnet.fordham.edu/ilj/vol5/iss2/12