home *** CD-ROM | disk | FTP | other *** search
- Path: sparky!uunet!zaphod.mps.ohio-state.edu!malgudi.oar.net!uoft02.utoledo.edu!dcrosgr
- From: dcrosgr@uoft02.utoledo.edu
- Newsgroups: rec.games.chess
- Subject: Re: Pardon Fischer?
- Message-ID: <1992Dec29.102231.711@uoft02.utoledo.edu>
- Date: 29 Dec 92 10:22:31 EST
- References: <1992Dec22.011249.594@uoft02.utoledo.edu> <1992Dec28.052513.14461@midway.uchicago.edu> <92363.133501IO10928@MAINE.MAINE.EDU> <1992Dec29.055724.23632@midway.uchicago.edu>
- Organization: University of Toledo, Computer Services
- Lines: 64
-
- In article <1992Dec29.055724.23632@midway.uchicago.edu>, hau4@ellis.uchicago.edu (sven hauptfeld) writes:
- > In article <92363.133501IO10928@MAINE.MAINE.EDU> IO10928@MAINE.MAINE.EDU (ABHAY) writes:
- >>In article <1992Dec28.052513.14461@midway.uchicago.edu>, hau4@ellis.uchicago.edu
- >>(sven hauptfeld) says:
- >>
- >>>This is really idiotic. Do you think that government having jurisdiction over
- >>>its people mean that those people are its property? And do you think that a US
- >>>citizen who kills somebody in another country would be immune of a trial by a
- >>>US court?
- >>
- >>YES! If the person killed is not an american, then he can't be tried in
- >>U.S. He can be tried in that foreign country, if he is caught there or if
- >> he is convicted and that country has extradiction treaty with U.S.!!!
- >>( U.S. doesn't have Extradiction treaty with Yugo.)
- >>
- >>>You must be either kidding or totally ignorant.
- >>I don't think so Sven!
- >>> Sven
- >>Abhay
- >
- > Why would I take your word at face value? Can you give references (specific
- > laws or court precedents)?
-
- Well, it is real hard to find refernces to events which have not happened. (Can
- you prove that no one has ever...)(Can you prove that there is no alien life in
- outer space...)
-
-
- >
- > I would really be surprised if the US works the way you say. I certainly know
- > that a Danish truck driver who causes an accident in which people get killed on
- > a Yugoslav road CAN be tried in Denmark - I know of such a case, where Denmark
- > demanded extradiction but Yugoslavia refused (he would be a lot better off
- > under Danish law - but he would stand trial).
- >
- > But than, the US are on another planet in many respects, so maybe you are
- > right. But you'd have to give me some substantial evidence.
- >
- > Sven
- >
-
- Why? What substanital evidence have you given to show that jurisdiction exists?
- Do you have one case? Have you ever heard of one?
-
- There have been practicing lawyers who have entered this debate, do any of them
- have exapmles of the US trying people for crimes committed overseas. (Within
- the last 100 years anyway. The first 100 years was pretty much due process as
- the local cour wanted to give in some areas, right down to having the trial
- while the accused was on the gallows and the executioner was placing the noose
- around the defendan't neck.)
-
- I am in the home stretch of my third year of law school, and I have never heard
- of anyone being tried for crimes commited overseas. But, I do know that
- jurisdiction is tied either to area or subject matter. Ohio courts have
- jurisdictions over acts that take place in Ohio for crimes and civil wrongs,
- while while it has jurisdictions over people in Ohio.
-
- The same holds true for the Feds. And while it is possible to sue a foreigner
- in Federal court for (un)civil acts done in foreign lands, the criminal side
- DEMANDS that the court trying the case have jurisdiction at the time of the
- event. Within limits, civil damages travel, while criminal wrongs are fixed.
-
-
-
-