Introduction
In the last century international extradition has become a significant part of our criminal justice system here in the United States. With the increasing ease of transportation around the world, felons are able to flee the country and hide from the law overseas. Because of that our government has to find a way to get them back so they can be accounted for their actions. That is where extradition comes into play. Extradition treaties have been placed between countries so that if a felon flees to said country, if requested they will hand over the felon. With these treaties the U.S. government is able to retrieve these criminals much easier. While it is easier, requesting extradition is still a long and hard process, and not all countries have a treaty with the United States. Laws and methods have been made to try to help speed up this process, but then other issues come into light. The morality of international extradition is questioned when the government is able to repeatedly make requests where the felon is not able to appeal those requests. So while extradition helps out and speeds up the process of convicting fleeing felons, the methods that are used are not always seen at moral.
Every time it was mentioned to someone that this paper was going to be writing on international extradition the response was always the same; “What the heck is that?”. The general public does not know what extradition is, even though its always happening in the news. The public knows the fugitives that are being extradited, they read about what is going on in the news but they are unaware of the process.
Extraditing a Fugitive
International extradition is a vital part of the criminal justice system. As Johnston (2011) states...
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... Second Bites and International Extradition. Creighton Law Review, 44 (4), 953-962.
Retrieved from Academic Search Premier database.
Johnston, J. G. (2011). The Risk of Torture as a Basis for Refusing Extradition and the Use of Diplomatic Assurances to Protect against Torture after 9/11. International Criminal Law Review, 11 (1), 1-48. Retrieved from Academic Search Premier database.
Kirk, D. (2013). Blowing the Whistle. Journal of Criminal Justice, 77 (1), 1-3. Retrieved from Academic Search Premier database.
Office of the United States Attorneys. (1997). International Extradition and Related Matters. United States Attorneys' Manual, Title 9, Chapter 9-15. Retrieved from http://www.justice.gov/usao/index.html.
Office of the Law Revision Counsel. (2013). United States Code, Title 18, Section II, Chapter 209. Retrieved from the U.S. Code online via GPO access.
Corruption is a persistent problem that plagues the world and it knows no boundaries. Transparency International defines it as the “abuse of entrusted power for private gain” (2013). For the purposes of this thread, ‘corruption’ is defined as any individual, collective, or structural act or process that permits the use of public authority or position for private gain. This definition captures the broad and many ways individuals and institutions abuse power and the public trust. In regard to whistleblowing, much conflict stems from the context in which the whistleblower is viewed. We will examine the case of NYPD Narcotics Detective Frank Serpico who was regarded a snitch and a rat by fellow officers who were on the take and complete a what would you do dilemma.
Hickey, T. J. (2010). Taking Sides: Clashing Views in Crime and Criminology, 9th Edition. New York, NY: The McGraw-Hill Companies, Inc.
James Lewis,director of the Technology and Public Policy Program at the Center for Strategic and International Studies in Washington D.C. - USA, says in an interview for Fobes Magazine “the big problem is political,its sovereignty, police stop at the edge of their jurisdiction rather than pursue criminals to their hideouts”.There are many countries where authorities do not want to collaborate,or do not have the technical capabilities to assist the investigators.One of recent
The definition of Extradition is the act of one jurisdiction of handing over or delivering an individual who has been accused of committing crimes in another jurisdiction. Usually, two jurisdictions have to have an extradition treaty or deal for them to honour the extradition of an individual. However, there are many grounds of refusal and challenges that extradition is subject to. The grounds of refusal are based on nationality, political offenders, the Principle of Non Bid In Idem, and the death penalty.
Williams, P. ( 2012, May 30). How Globalization Affects Transnational Crime. Retrieved from Translation crimes.
Applebaum believes that torture should not be used as a means of gaining information from suspects. Applebaum's opinion is supported through details that the practice has not been proven optimally successful. After debating the topic, I have deliberated on agreeing with Applebaum's stance towards the torture policy. I personally agree with the thought to discontinue the practice of torture as a means of acquiring intel. I find it unacceptable that under the Bush Administration, the President decided prisoners to be considered exceptions to the Geneva Convention. As far as moral and ethical consideration, I do not believe that it is anyone's right to harm anyone else, especially if the tactic is not proven successful. After concluding an interview with Academic, Darius Rejali, Applebaum inserted that he had “recently trolled through French archives, found no clear examples of how torture helped the French in Algeria -- and they lost that war anyway.” There are alternative...
Yet, little attention and virtually no systematic research has been devoted to understanding the causes, structure, extent, and effects of serious cross-border misconduct (Passas, 1998). The risks it poses may be grossly exaggerated (Naylor, 1995; Lee, 1999). The draconian measures being contemplated and implemented in different countries, therefore, are essentially an exercise in shooting in the dark. Chances are good that the target will be missed and substantial "collateral damage" may be caused by ill-conceived policies in this "war" on crime. This risk is particularly high in countries in transition toward a market democracy. It would be much wiser, thus, to carefully study the problem before taking ineffective and possibly damaging actions.
Harris, George C. "Testimony for Sale: The Law and Ethics of Snitches and Experts." Pepperdine Law Review (2000-2001): 28. Online.
Schmalleger, F. (2009), Prentice Hall, Publication. Criminal Justice Today: An introductory Text for the 21st century
Journal of Contemporary Criminal Justice, 27, 343-360. http://ccj.sagepub.com.libaccess.lib.mcmaster.ca/content/27/3/342
Around the world and around the clock, human rights violations seem to never cease. In particular, torture violations are still rampant all over the world. One regime, the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment, establishes a strong elaboration of norms against torture. Despite its efforts, many countries still outright reject its policies against torture while other countries openly accept them, but surreptitiously still violate them. The US, Israel, and Saudi Arabia all have failed to end torture despite accepting the provisions of the Convention.
Attention to border control and the issues of illicit migrant smuggling and human trafficking have received increasing focus by international organizations, state officials, and non-governmental organizations. The terms migrant smuggling and human trafficking are often conflated, and though these activities can be interrelated, important differences require specific mention. The key difference between these activities is that victims of trafficking are seen as victims of a crime under international law, while smuggled migrants are not because they pay smugglers to facilitate their movement. In other words, human trafficking is a crime against an individual, while migrant smuggling is a crime against the state. The U.S. Department of State
The global poverty levels are among the leading causes of the crime because it fuels a vulnerable supply of human trafficking victims. Contrariwise, the economic development that some nations enjoy creates vast wealth and huge incomes for particular individuals with adequate pay to demand the sale of people (Bureau of Justice Statistics). Additionally, the political instability civil unrest and globalization are other factors that lead to this menace. Furthermore, other factors that may be propelling the global human trafficking crimes are the weak laws and unlikelihood of the arrest of the perpetrators (Kelly and Reagan). Ideally, the police and other relevant authorities devote much of their resources on the fight against drugs and weapons, leaving human trafficking unattended. Therefore, the criminals engage in trafficking based on the notion that no strong laws will be implemented and thus, their arrest and incarceration are limited. In this regard, the falls notion propagates the traffickers’ willingness to continue indulging on their infamous
Banks, Cyndi. Criminal Justice Ethics: Theory and Practice. 3rd ed. Thousand Oaks: Sage, 2009. Print.
Vicchio, Stephen. “Ethics and Police Integrity.” FBI Law Enforcement Bulletin. July 1997: 8-12. EBSCOhost. Web. 12 Nov 2013