Can the US Prosecute for a Crime in Another Country?
Full Question:
Answer:
Extraterritorial jurisdiction (ETJ) is the legal ability of a government to exercise authority beyond its normal boundaries. Any authority can claim ETJ over any external territory they wish. However, to be effective in the external territory (except by the exercise of force) it must be agreed either with the legal authority in the external territory, or with a legal authority which covers both territories. Therefore, various treaties and agreements are entered into. Many countries have implemented laws which allow their nationals to be prosecuted by their courts for crimes such as war crimes and genocide even when the crime is committed extraterritorially.
Extradition is the the surrender of a person charged with a crime by one state or country to another state or country. Usually the governor's office will make the request for extradition to the governor of the state in which the accused is present, claiming the right to prosecute. The defendant may "waive extradition" and allow himself/herself to be taken into custody and returned to the state where charges are pending. International extradition is more complicated and often governed by treaty. Most countries will extradite persons charged with serious crimes, however, some countries will refuse to extradite persons charged with certain crimes, such as crimes subject ot the death penalty.
For further discussion, please see:
http://digital.library.unt.edu/govdocs/crs/permalink/meta-crs-9282:1
