skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 32778 Find in a Library
Title: INTERNATIONAL LAW - CRIMINAL LAW - IN THE ABSENCE OF PROTEST BY THE ASYLUM NATION, A FEDERAL COURT HAD JURISDICTION OVER A DEFENDANT BROUGHT INTO THE DISTRICT BY FORCIBLE ABDUCTION - UNITED STATES V LIRA (1975)
Journal: CONNECTICUT LAW REVIEW  Volume:8  Issue:1  Dated:(FALL 1975)  Pages:141-148
Author(s): M J SPEZIALE
Corporate Author: University of Connecticut Law School
United States of America
Date Published: 1975
Page Count: 8
Sponsoring Agency: University of Connecticut Law School
West Hartford, CT 06107
Format: Article
Language: English
Country: United States of America
Annotation: A NARCOTICS DEFENDANT ALLEGED THAT HE HAD BEEN TORTURED BY AGENTS OF THE UNITED STATES GOVERNMENT, KIDNAPPED FROM CHILE, AND BROUGHT TO THE SOUTHERN DISTRICT OF NEW YORK FOR TRIAL.
Abstract: THE COURT HELD THAT, EVEN THOUGH CHILEAN COOPERATION GAVE RISE TO A SUSPICION OF UNITED STATES INVOLVEMENT IN THE BRUTAL INTERROGATION AND ABDUCTION, THERE WAS NO SUBSTANTIAL EVIDENCE UPON WHICH TO BASE A DENIAL OF JURISDICTION. THIS DECISION, WHICH IS THE SECOND CIRCUIT'S MOST RECENT PRONOUNCEMENT OF BODY EXCLUSION, REVIVES AND RECASTS THE TIME-WORN KER-FRISBIE DOCTRINE: 'FORCIBLE ABDUCTION IS NO SUFFICIENT REASON WHY THE PARTY SHOULD NOT ANSWER WHEN BROUGHT WITHIN THE JURISDICTION OF THE COURT WHICH HAS THE RIGHT TO TRY HIM'. (AUTHOR ABSTRACT)
Index Term(s): Extradition; Federal courts; Judicial decisions; Jurisdiction; New York
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=32778

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.