This article argues that it is appropriate to require that requesting countries meet the uniform federal bindover standard to obtain extradition from the United States, rather than a more stringent state standard. The federal bindover standard of probable cause accomplishes the purpose of United States extradition procedure better than any other evidentiary standard. It affords an alleged fugitive more protection from unjustified extradition than is available in most countries. Furthermore, the reasons advanced by advocates of a more stringent bindover standard in the domestic criminal setting do not apply to extradition hearings.
Robert J. Rosoff,
The Quantum of Evidence Required to Extradite from the United States,
Mich. J. Int'l L.
Available at: https://repository.law.umich.edu/mjil/vol4/iss1/6