Theoretically speaking, I was curious what crimes an American could be charged with if they took their victim to a foreign country, one without an extradition treaty with the United States, killed them and left the body there, and then came back home to the US?
To keep it clear, lets say the murder was not premeditated and all aspects of the crime took place in that foreign country.
2007-08-07 12:20:21 · 7 answers · asked by Hey now... 2 in Politics & Government ➔ Law & Ethics
To clarify, the victim went willingly to the other country, and the killer didn't want to kill the victim until after they were in that other country so no aspects, not even the thought of doing so, occurred until on foreign soil.
Also, would that person got back, could the tell the world they did it and get away with it? If it is a country like North Korea, Iran or some place we have cut off even diplomatic ties it does not seem the US would be likely to hand you over, or am I wrong in that assumption?
2007-08-08 07:38:28 · update #1
First, they could still be charged with murder by the country where the murder took place.
Second, if they 'took their victim' to a foreign country, all the aspects of the crime DID NOT take place in that country. The act of 'taking' them IS an aspect of the crime. It appears that a kidnapping occurred in the US under this scenario. Some state laws allow a kidnapping that ends in murder to result in a murder charge if ANY part of the crime occurs in the state. If someone is kidnapped in Ohio, and killed in Texas, Ohio could charge both kidnapping AND murder.
2007-08-07 12:48:24 · answer #1 · answered by STEVEN F 7 · 1⤊ 0⤋
If the victim was forcibly taken out of the country -- that would potentially be kidnapping.
Other than that, unless the murder was an assassination of a foreign official -- or an action that falls under the terrorism statutes -- it would not be punishable.
However, that depends on your statement that "all aspects" of the crime happened in the other country -- if even ONE preparatory action took place in the US, the action as a whole may be punishable in the US.
2007-08-07 20:01:20 · answer #2 · answered by coragryph 7 · 1⤊ 0⤋
If the person was hypothetically on the lamb in the US and was apprehended by US officials on an outstanding warrant from the country in question, then the person could be incarcerated until extradition procedings can be completed.
2007-08-07 19:32:50 · answer #3 · answered by Coach 6 · 0⤊ 0⤋
Ifr you discussed this with another person, and then complete an overt act to complete the crime (even if in another jurisdiction), you have committed the crime of conspriracy.
2007-08-07 19:33:20 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Yes, but getting your mother in law on the plane might not be as easy as you would hope.
2007-08-07 19:24:18 · answer #5 · answered by Robin L 6 · 4⤊ 0⤋
It seems like that would be pretty hard to do without pre-meditation.
2007-08-07 19:48:28 · answer #6 · answered by Hillary 6 · 0⤊ 0⤋
theoretically speaking,i have pondered this myself...... but i would get a life insurance policy on them first personally ....... in theory ... hypothetically speaking of course ....
2007-08-07 19:29:30 · answer #7 · answered by Anonymous · 0⤊ 1⤋