NCJ Number
95096
Editor(s)
J M Lummis
Date Published
1983
Length
400 pages
Annotation
Focusing on the conditions which must be satisfied for a state to gather evidence or exercise power over a criminal when criminal activity has crossed a national border, this collection examines jurisdiction, transfers of evidence, extradition from the United States and from other countries, and multilateral cooperation in the suppression of crime.
Abstract
An examination of the doctrine of jurisdiction, which gives nations or states the authority to create or prescribe penal or regulatory norms and to enforce them through administrative and judicial action, reviews jurisdictional bases for criminal legislation and resolving enforcement issues. Extraterritorial jurisdiction in drug smuggling cases affecting the United States is also examined. Transnational evidentiary issues, such as the exchange of information in criminal cases and international cooperation in penal matters as found in the 'Lockheed Agreements,' are discussed. Extradition from the United States is reviewed, with special attention given to the right to bail, required evidence, procedural uncertainty in cases involving assertion of the political offense exception, and protecting the rights of the requested person in extradition proceedings. In addition to examining extradition from Israel, the political offense exception in French cases dealing with the extradition of terrorists is also reviewed. Multilateral cooperation in the suppression of crime is examined through a review of criminal law and the European communities and a discussion of the elements of a proposed Unified Criminal Law for Europe. Extensive appended materials include a review of foreign laws, a 79-item annotated bibliography, and a review of recent French extradition cases. Chapter notes and an index are also included.