European Courts, American Rights: Extradition and Prison Conditions

Authors

Daniel J. Sharfstein

Document Type

Article

Publication Title

Brooklyn Law Review

Publication Date

2002

ISSN

0007-2362

Page Number

719

Keywords

Soering v. United Kingdom, Denial of extradition, Prison conditions

Disciplines

European Law | Human Rights Law | Law

Abstract

Part I of this Article discusses the rising number of extradition requests by the United States, the common grounds for denial of extradition, and the controversies that such denials have aroused. Part II examines Soering v. United Kingdom against this background and analyzes its scholarly reception, influence on international and foreign jurisprudence, and lack of effect in the United States. Part III explores the implications of SOERING for defenses to extradition based on prison conditions: whether prison conditions in the United States could conceivably rise to the level of a human rights violation, whether the European Court of Human Rights would ever stop an extradition to the United States on these grounds, and how such a ruling would affect international criminal enforcement policy and prison conditions in the United States.

Recommended Citation

Daniel J. Sharfstein, European Courts, American Rights: Extradition and Prison Conditions, 67 Brooklyn Law Review. 719 (2002)
Available at: https://scholarship.law.vanderbilt.edu/faculty-publications/387