Sovereignty of the Criminal Law

Discussion in 'Politics & Law' started by EllyDicious, Jun 28, 2010.

  1. EllyDicious

    EllyDicious made of AMBIGUITY V.I.P. Lifetime

    This is the topic I've chosen for my bachelor thesis.

    - I wanted more information about the way the United States treat sovereignty and what happens when an American citizen commits a crime outside the United States. Also, what are US rules about extradition.

    - Another thing I don't understand is the difference between the Federal Courts and the States courts .

    I've a search about these topics, but given that I don't have much time to make further searches, I thought any of you could give me specific information about what I'm asking.

    Thank You.

  2. CaptainObvious

    CaptainObvious Son of Liberty V.I.P.

    I don't really know much about extradition laws as I've never dealt with them. As far as sovereignty, if a citizen commits a crime in another country the US will usually only interfere if the punishment seems to be excessive for the crime committed. Many times the US embassy will work towards getting US citizens released from Mexican jails mostly because civil rights are pretty nonexistant in Mexico.

    The difference is some statutes are federal crimes and some are state crimes. For example, a cop pulling over a vehicle with marijuana is a state crime. A vehicle stopped while crossing into the US border from Mexico or Canada with marijuana is a federal crime. Bribing an official is a state crime, extortion using the US mail system is a federal crime. Crimes that involve state boundries or the border are federal crimes, those that do not are state crimes. If I kidnap someone and hold them in my house that is a state crime. If a hijack a car and hold them at gunpoint and force them to drive me from Texas to Las Vegas that is a federal crime since we crossed state boundries.

    State crimes are held in state court, federal crimes are held in federal court. Generally speaking the range of punishment is higher for the violation of federal statutes.
  3. EllyDicious

    EllyDicious made of AMBIGUITY V.I.P. Lifetime

    Is there any legal reference where I can get this from?

    Is this rule only for the US or for the federal states in general?

    Is there any criminal case you are aware of, as an example?

    What else does the "excessive punishment" include? [besides death penalty].

    Though I've heard that the US doesn't allow its citizens to be prosecuted/punished by another country's court, for whatever reason .. in whatever case.

    Clear enough. :)

    Thank you

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