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Effect Of Extradition On Subsequent Prosecution In United States

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Chapter Summary

The principle of speciality prohibits a country from prosecuting or punishing an extradited person for an offense other than one(s) for which he was extradited. Almost all United States extradition treaties presently in force contain speciality provisions, and, even when the applicable treaty does not contain a speciality provision, the Supreme Court has held that 18 U.S.C. imposes such a restriction on the prosecution and punishment of persons extradited to the United States. United States prosecutors frequently ask United States courts to exercise jurisdiction over defendants brought to this country through means other than extradition. United States courts have invariably sanctioned the exercise of jurisdiction over defendants sought by the United States for prosecution or service of sentence who were abducted from a foreign country and brought to the United States by a private party without United States governmental assistance or intervention.

Keywords: extradition; jurisdiction; Supreme Court; United States

10.1163/ej.9789004179554.i-590.42
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