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Puerto Rico v. Branstad

Americans Abroad



When traveling abroad, Americans are subject to the laws of the country they are visiting, which may be quite different from those of the United States. Laws of foreign countries may be quite restrictive compared to U.S. laws, particularly in the areas of free speech and freedom of movement. Guarantees regarding legal procedure and rights of the accused may be completely absent.



When an American is arrested or detained abroad, some help is usually available from the U.S. embassy located in that country. Embassy personnel may visit the detainee in order to ensure his or her safety and fair treatment. They may also notify relatives of the situation and help obtain local legal representation (the legal assistance of someone familiar with local law is usually necessary). Embassy personnel may also aid Americans convicted of crimes and sentenced to imprisonment in foreign countries by arranging visits of relatives, providing information about pardons, and protesting ill treatment when necessary; in some cases, treaties may allow for transfer of prisoners to U.S. prisons. Embassy personnel may not pay legal fees or fines with U.S. government funds or represent a U.S. citizen at trial.

Additional topics

Law Library - American Law and Legal InformationNotable Trials and Court Cases - 1981 to 1988Puerto Rico v. Branstad - The Precedent Of Kentucky V. Dennison, The Case Of Ronald Calder, A Different Era