This reminds me of the situation where we're trying to execute some cop-killing mexican in Texas. Capital punishment isn't allowed in Mexico. But it is allowed in the US. Mexico is trying to get us to not execute him. Well fuck them, this mexican committed the crime on AMERICAN SOIL. Thus, American law and capital punishment applies.
Glaucon wrote:I suppose that this double jeopardy thing is in the US constitution. And, correct me if I am wrong, but... I do believe that, unlike many European constitutions, rights mentioned in the constitution have precedence over international treaties, in the USA. If so, I guess that, legally, Amanda Knox could not be extradited.
Glaucon wrote:You are right. We do that too.
But there is a difference. When we do not extradite someone because they stand to be put to death in the USA, we do that on moral grounds (because, apparently, we feel that capital punishment is immoral and because we would be complicit in an immoral act if we extradited a person facing it). But can you really call a procedural defense (double jeopardy) a moral principle as well? To me, it seems like a somewhat arbitrary legal rule, historically contingent, mostly, even if I guess it may be historically linked to the 'fight against tyranny' that birthed the USA and is in the constitution. It doesn't seem to be a clear-cut question of moral values, though, as it is with the death penalty (which is, in turn, linked to Europe's history, WW II in particular).
I suppose that this double jeopardy thing is in the US constitution. And, correct me if I am wrong, but... I do believe that, unlike many European constitutions, rights mentioned in the constitution have precedence over international treaties, in the USA. If so, I guess that, legally, Amanda Knox could not be extradited.
Mynerva wrote:Glaucon - what is moral?
Is it moral to put someone to death?
Is it moral to put someone on trial over and over again?
I do not think there is a definite answer.
I am only saying that we Europeans don't do what the person said I answered to - we do not just say, "Hey the crime happened on their territory so let their justice system take its course." We also have our standards and expect other countries to make certain changes if they want people from us.
Glaucon wrote:Sure. But most countries in Europe (and the other 'friends' of the USA) don't have this double-jeopardy thing. Most follow the Italian model. It would seem odd for the USA to sign all those extradition treaties if the USA felt they would not extradite if they felt US legal procedures weren't being followed.
Users browsing this forum: No registered users and 1 guest