Ker Frisbie Doctrine

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The Ker Frisbie Doctrine , more recently sometimes referred to as the Ker Frisbie Alvarez Doctrine , is a U.S. legal principle established by the case law of the United States Supreme Court and the circumstances of the rendition of individuals who are suspected of having committed a criminal offense , to the competent court . It says that suspects can be charged in American courts even if they were not lawfully extradited but came into the jurisdiction of the court through a violent kidnapping .

Legal bases

The first of the eponymous decisions of the Supreme Court relevant to the Ker Frisbie Doctrine was Ker v. Illinois (119 US 436) from 1886, which contained an action for the legal security of a defendant abducted from Peru . This was followed in 1952 by the Frisbie v. Collins (342 US 519), which was based on the case of a defendant kidnapped from Chicago , Illinois, to Michigan and brought to justice there. The Supreme Court found neither in the United States Constitution nor in any other law or, as part of the Ker v. Illinois , in the extradition treaty in place with Peru, a basis that a violent abduction was a sufficient reason why a defendant should not face a lawful trial in a competent court once he has come into its jurisdiction .

With the judgment United States v. Alvarez-Machain (504 US 655) from 1992, concerning the kidnapping of a Mexican doctor charged with involvement in the murder of a US Drug Enforcement Administration employee , the Supreme Court upheld his previous jurisprudence, and thus the Validity of the Ker Frisbie Doctrine. In particular, the court found that there had been no violation of the extradition agreement with Mexico, as neither its provisions nor its genesis or the practice of its implementation would support the adoption of a ban on kidnappings.

literature

  • Andreas Lowenfeld : Still More on Kidnapping. In: American Journal of International Law . 85 (4 )/1991. American Society of International Law, pp. 655-661, ISSN  0002-9300
  • Mitchell J. Matorin: Unchaining the Law: The Legality of Extraterritorial Abduction in Lieu of Extradition. In: Duke Law Journal. 41 (4 )/1992. Duke University School of Law, pp. 907-932, ISSN  0012-7086
  • Aaron Schwabach, SA Patchett: Doctrine or Dictum: The Ker-Frisbie Doctrine and Official Abductions Which Breach International Law. In: The University of Miami Inter-American Law Review. 25 (1) / 1993. Joe Christensen Inc., pp. 19-56, ISSN  0884-1756
  • Carl Friedrich Stuckenberg: US Supreme Court v. June 15, 1992 - US v. Alvarez-Machain. In: Jörg Menzel , Tobias Pierlings, Jeannine Hoffmann: International jurisprudence: Selected decisions on international law in retrospect. Mohr Siebeck, 2004, ISBN 3-16-148515-7 , pp. 307-312

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