The Political Offense Exception and the Extradition Process: The Enhancement of the Role of the U.S. Judiciary

Using Northern Ireland as a model, this Article argues that some political dissidents have not received fair trials in countries requesting extradition and suggests another method for evaluating extradition requests. This Article first provides background about the conflict in Northern Ireland and the trial procedures for alleged terrorists. Then, the extradition procedure in the United States is examined emphasizing the political offense exception. The Article concludes that the courts are the most appropriate forum for inquiry into the criminal system of the country requesting extradition, especially when the political offense exception is invoked.

The courts should affirmatively undertake the duty to inquire into the requesting countries' criminal system by balancing factors from the Doherty case.