ith the accused, fingerprints, or an eyewitness. In the matter of probable cause the appellate court used the formulation of "any evidence warranting the finding that there was reasonable ground to believe the accused guilty."5 Furthermore it has been indicated that the extradition process incorporates these rules: Probable cause to support extradition may be based entirely on hearsay, and the defendant cannot present exculpatory evidence, which the presiding judge would have to weigh or balance.6 It must be kept in mind that the extradition process does not attempt to prove the innocence or guilt of the accused but rather whether the individual is whom he or she is accused of being. The accuracy of the identification is an issue that is resolved during the course of the actual trial, and not in the extradition process. Simply identifying Demjanjuk does not make him extraditable, the requirement of criminality has to be met as well. Concerning the requirement of criminality the Stanford Journal of Law said the following: The rule of dual criminality generally provides that extradition may be had only for acts extraditable by treaty and considered criminal in both the requested and requesting jurisdictions...Since sovereigns rarely define crimes using identical phrases and since treaty terms may be ambiguous or out of date, a substantial jurisprudence has developed interpreting and applying the requirement of criminality.7 In the case of Demjanjuk Israel was charging him with "the crimes of murdering Jews, [which are] offenses under sections 1 to 4 of the Nazi and Nazi Collaborators (Punishment) Law."8 The precise phrase, "murdering Jews," is not mentioned in the United States-Israel Extradition Treaty, also the previously mentioned phrase does not exist in current American penal statute. But, according to the American rule of dual criminality a way away around this small detail can be fo...
