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Defending Against International Extradition from the United States, NACDL
A defense attorney has been contacted to represent a U.S. citizen who is the subject of a Peruvian inter• national request for extradition. The request isbased on the Peruvian equivalent of a first-degree murder charge for the killing of a former Peruvian political figure in the United States 20 years ago. Defense counsel learns that the client was charged and acquitted of the same conduct in the United State 15 years ago and that there exists no forensic or eyewitness identification linking the client to the murder. Nevertheless, the client now remains in custody with no bail. Does defense counsel take the case?
Matters of extradition involve complex analyses of the applicable treaty, Executive Branch interpretations of the treaty, both United States and foreign case and statutory law, and in-depth investigation into the facts underlying the crime. This article provides an overview of what extradition is, the legal requirements for certification, and commonly used defenses to certification for extradition to a foreign country. Continue below.
Found in Featured Publications, Jennifer Lieser, Nina Marino.