United States v. Alvarez-Machain - Significance, Abduction An Option, A Monstrous Decision, Impact, Further Readings

United States v. Alvarez-Machain - Further Readings

United States v. Alvarez-Machain - Significance

The ruling established that foreign citizens who commit crimes against U.S. citizens outside U.S. boundaries still come under jurisdiction of U.S. courts even when forcibly abducted from their country over official protests of that nation. Abducted defendants can still receive fair trials under the Due Process Clause. Government-sponsored abductions of another country's citizens in absence of expl…

United States v. Alvarez-Machain - Abduction An Option

The primary government argument before the Court was not that the treaty authorized abduction of Mexican citizens by U.S. authorities, but that it did not prohibit such abductions. Machain argued the treaty did not expressly recognize the Ker-Frisbie doctrine, and in fact, Article 9 of the treaty allowed for Mexico to deny U.S. extradition requests. The Court, therefore, deliberated which applied,…

United States v. Alvarez-Machain - A Monstrous Decision

Justice Stevens, joined in dissent by Justices Blackmun and O'Connor, wrote that the majority simply chose to ignore Mexico's interpretation of the 1978 treaty. The treaty plainly stated its purpose was to foster closer working relationships regarding crime fighting and extradition matters. Such neglect by the majority negated the whole purpose of extradition treaties which is to maintain harmonio…

United States v. Alvarez-Machain - Impact

The Machain case was a highly publicized international abduction owing in part to the unusual use of bounty hunters by U.S. officials. The United States had directly orchestrated the abduction of a Mexican citizen on Mexican soil against the wishes of the Mexican government. The abduction and trial severely strained relations between the United States and Mexico and attracted substantial negative …