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NCJ Number: 120144 Find in a Library
Title: Due Process for All? Due Process, the Eighth Amendment and Nazi War Criminals
Journal: Journal of Criminal Law and Criminology  Volume:80  Issue:1  Dated:(Spring 1989)  Pages:293-337
Author(s): T M Beiner
Date Published: 1989
Page Count: 45
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article examines the case of Karl Linnas, an alleged Nazi war criminal, in light of due process and eighth amendment guarantees, focusing on constitutional arguments against the denaturalization and deportation process as applied to those accused of Nazi war crimes.
Abstract: In 1987 Linnas, a naturalized American citizen, was denaturalized and deported to the Soviet Union, where he had been tried in absentia and sentenced to death for alleged Nazi crimes during World War II. Linnas died in the Soviet Union in 1987. The Linnas case illustrates that the current United States denaturalization and deportation process appears to violate the eighth amendment and the due process clause of the fifth amendment because it deprives individuals of their liberty and their lives without a fair criminal trial, often using evidence that is problematic. The article argues that current laws and procedures should be changed and those American citizens accused of Nazi war crimes should not be denaturalized and deported without a trial in the United States of the allegations against them. The American criminal justice system should be used to safeguard the accused's constitutional rights, and Congress should grant jurisdiction to United States courts to hear the cases of alleged Nazi war criminals. 377 footnotes.
Main Term(s): Deportation
Index Term(s): Constitutional Rights/Civil Liberties; International extradition; Political crimes
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