The Southwestern Historical Quarterly, Volume 45, July 1941 - April, 1942 Page: 227
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When regarded in this light, the policy of nonsurrender coupled
with insistence upon trial at home goes further in international
cooperation in suppression of crime than does our American
insistence that criminal acts are only a matter of concern to
the country where they are committed.
Prior to the current European war there was a growing senti-
ment for greater international cooperation in suppression of
crime. Some publicists have gone so far as to advocate prosecu-
tion of certain types of criminals by any country, irrespective of
where their crimes may have been committed. Our theory of ter-
ritoriality of law prohibits any cooperation along these lines. At
present, because of judicial interpretation of a large number
of our treaties, it is frequently the case that Americans who
commit crimes abroad cannot be extradited. At the same time
they cannot be tried at home because our legislation, with minor
exceptions, does not apply to crimes committed abroad. Inter-
national cooperation in the suppression of crime could be fur-
thered if it were conceded that there are a number of different
interests which are worthy of consideration. These interests
include that of the place where the crime was committed; that
of the nation to which the alleged offender belongs; and that
of the civilized world in seeing to it that crime, which in these
days of easy communication often transcends international bor-
ders, is suppressed. Cooperation cannot be brought about by
insistence upon any one theory. There should be recognition
of the validity of the claims arising from all the different inter-
ests, with legislation and treaty provisions so framed that it
would make little difference where the offender is tried as long
as he is tried, and if found guilty, is adequately dealt with.
As a compendium of the legislation, treaties, and practices
of the more important countries, this monograph by Rafuse is
a remarkably thorough-going piece of work. The author gives a
detailed picture of the laws, treaties, and practices of the coun-
tries of Western Europe and of Latin-America as well as of
England and the United States. The book is a part of the
Illinois Studies in Social Sciences, which is a general title for
a series of monographs in history, economics, sociology, politi-
cal science, and similar or allied fields.
GEORGE WILFRED STUMBERG.
The University of Texas.
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Texas State Historical Association. The Southwestern Historical Quarterly, Volume 45, July 1941 - April, 1942, periodical, 1942; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth146053/m1/241/: accessed July 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting Texas State Historical Association.