JURISDICTION FOLLOWING ILLEGAL EXTRATERRITORIAL SEIZURE - INTERNATIONAL HUMAN RIGHTS OBLIGATIONS AS AN ALTERNATIVE TO CONSTITUTIONAL STALEMATE

• NCJ Number: 39440
• Journal: Texas Law Review Volume: 54 Issue: 7 Dated: (NOVEMBER 1976) Pages: 1439-1470
• Author(s): R L Sarosdy
• Date Published: 1976
• Length: 32 pages
• Corporate Author: University of Texas
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS COMMENT EXAMINES CONFLICTING FEDERAL COURT INTERPRETATIONS OF THE DUE PROCESS RIGHTS OF DEFENDANTS KIDNAPPED FROM OTHER NATIONS AND COMPELLED TO APPEAR IN US COURTS.

Abstract

DUE PROCESS ANALYSES USED AND REJECTED BY DIFFERENT FEDERAL COURTS AND US HUMAN RIGHTS OBLIGATIONS UNDER INTERNATIONAL AGREEMENTS ARE DISCUSSED. THE DUTY OF THE COURTS TO ALLOW DEFENDANTS TO RAISE THESE VIOLATIONS AT TRIAL OR IN A HABEAS CORPUS PROCEEDING AND SUBSEQUENT DIVESTITURE OF JURISDICTION IS IDENTIFIED BY THE AUTHOR AS THE PROPER REMEDY TO THIS HUMAN RIGHTS VIOLATION....EB