A Recommended Approach to Bail in International Extradition Cases

This Note proposes such a consistent approach, arguing that courts in international extradition cases should focus on the accused’s risk of flight rather than on the presence or absence of specific “special circumstances.” Part I briefly discusses the international extradition process and outlines the important societal and individual interests at stake in the bail decision. Part II discusses the origin and evolution of the judicial approaches to bail in international extradition cases and demonstrates the inconsistency in the lower courts’ treatment. Part III suggests an approach for making bail decisions in international extradition cases. It argues that the determinative factor in the bail decision should be the accused’s risk of flight, not the presence of specific “special circumstances.” Part III also shows that the burden of proof in the bail decision is properly on the accused, and it argues that the standard for bail should be more stringent after the accused has been determined extraditable.