United States v. Alvarez-Machain
| United States v. Alvarez-Machain | |
|---|---|
 F.2d 310 (9th Cir. 1992). | |
| Holding | |
| The fact of respondent's forcible abduction from another country does not prohibit his trial in a United States court for violations of American criminal laws. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Rehnquist, joined by White, Scalia, Kennedy, Souter, Thomas |
| Dissent | Stevens, joined by Blackmun, O'Connor |
United States v. Alvarez-Machain, 504 U.S. 655 (1992), was a
Ker-Frisbie Doctrine, established in Ker v. Illinois (1886) and Frisbie v. Collins
(1952), which generally permits the prosecution of criminal defendants regardless of whether their presence was obtained in accordance with an applicable extradition treaty.
Background
Enrique Camarena Salazar, an American citizen employed by the U.S. Drug Enforcement Agency
, by "prolonging [his] life so that others could further torture and interrogate him."
On April 2, 1990, Álvarez was abducted from Mexico by Trent Tompkins, a U.S. citizen hired by DEA agents, and brought to trial in the United States over the protest of Mexican officials.[1]
Legal action reached the
Supreme Court, focusing upon the effect of illegal extradition upon the trial court's jurisdiction. Invoking the "Ker–Frisbie doctrine
" the Court held that the trial court's jurisdiction was not affected by the manner in which the accused was brought before it. This created international alarm and concern as other nations feared that the decision would encourage further such abductions.
Aftermath
Despite vigorous protests from the Mexican government, Álvarez was tried in
United States District Court in Los Angeles; the trial, in which his defense focused intensely on the legality of the arrest, resulted in an acquittal. The trial judge (whose earlier decision dismissing the indictment had been overruled by the Supreme Court) ruled at the close of the government's case in chief that the government had not presented a prima facie case, and therefore granted an acquittal without presenting the matter to the jury for verdict. The other suspect, Javier Vasquez Velasco
, was arrested for his alleged involvement in the murder, convicted, and sentenced to three life sentences.
See also
- List of United States Supreme Court cases, volume 504
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court
References
- ^ Mark S. Zaid: Military might versus sovereign right – the kidnapping of Dr. Humberto Alvarez-Machain and the resulting fallout. Houston Journal of International Law, spring 1997, cited at Findarticles.com and there retrieved April 3, 2011
Further reading
- Roth, Brad R. (2004). "Sosa v. Alvarez-Machain; United States v. Alvarez-Machain. 124 S.Ct. 2739". The American Journal of International Law. 98 (4). American Society of International Law: 798–804. JSTOR 3216702.
- Semmelman, Jacques (1992). "United States v. Alvarez-Machain". The American Journal of International Law. 86 (4). American Society of International Law: 811–820. JSTOR 2203796.
- Sheptycki, J. W. E. (1996). "Law Enforcement, Justice and Democracy in the Transnational Arena: Reflections on the War on Drugs". International Journal of the Sociology of Law. 24 (1): 61–75. .
External links
- Text of United States v. Alvarez-Machain, 504 U.S. 655 (1992) is available from: Findlaw Justia Library of Congress Oyez (oral argument audio)