Extradition to and from the United States 2010


Book Description

As recently as the early 1970s, the United States typically made and received only 40 requests for international extradition per year. As the world has become “flatter”, there has been a concomitant explosion in transnational criminal activity to which the United States has had to respond. In 2008 alone, 589 people were extradited to it and many others extradited by it. The treatise is designed for prosecutors, defense attorneys, judges and academics. Written by the former Department of Justice official responsible for implementation of United States extradition statutes and treaties as it began designing the mechanisms to cope with the explosion of transnational criminal activity, it analyzes in detail the legal aspects of, and operation under, those statutes and treaties. Additional titles by Michael Abbell include: • International Prisoner Transfer 2010 • Obtaining Evidence Abroad in Criminal Cases 2010 This is the final Edition, there will be no further updates for this series.




Bringing International Fugitives to Justice


Book Description

A novel and robust examination of all policy means and their lawfulness for recovering fugitives abroad via extradition or its alternatives.




Model Rules of Professional Conduct


Book Description

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.




The Drug War in Mexico


Book Description

The drug war in Mexico has caused some U.S. analysts to view Mexico as a failed or failing state. While these fears are exaggerated, the problems of widespread crime and violence, government corruption, and inadequate access to justice pose grave challenges for the Mexican state. The Obama administration has therefore affirmed its commitment to assist Mexico through continued bilateral collaboration, funding for judicial and security sector reform, and building "resilient communities."David A. Shirk analyzes the drug war in Mexico, explores Mexico's capacities and limitations, examines the factors that have undermined effective state performance, assesses the prospects for U.S. support to strengthen critical state institutions, and offers recommendations for reducing the potential of state failure. He argues that the United States should help Mexico address its pressing crime and corruption problems by going beyond traditional programs to strengthen the country's judicial and security sector capacity and help it build stronger political institutions, a more robust economy, and a thriving civil society.




International White Collar Crime


Book Description

Contemporary transnational criminals take advantage of globalization, trade liberalization, and emerging new technologies to commit a diverse range of crimes. By moving money, goods, services, and people instantaneously they are able to serve purposes of pure economic gain or political violence. This book examines the rise of international economic crime and recent strategies to combat it in the United States and abroad. Focusing on the role of international relations, it draws from case studies in a diverse range of criminality from money laundering to tax evasion. Newly revised and expanded, the second edition of International White Collar Crime incorporates recent developments and updated case studies. New chapters on environmental crimes and securities enforcement under the Dodd–Frank Act continue to make it an essential tool for practicing business, law, and law enforcement.







Proceedings of a Workshop on Deterring Cyberattacks


Book Description

In a world of increasing dependence on information technology, the prevention of cyberattacks on a nation's important computer and communications systems and networks is a problem that looms large. Given the demonstrated limitations of passive cybersecurity defense measures, it is natural to consider the possibility that deterrence might play a useful role in preventing cyberattacks against the United States and its vital interests. At the request of the Office of the Director of National Intelligence, the National Research Council undertook a two-phase project aimed to foster a broad, multidisciplinary examination of strategies for deterring cyberattacks on the United States and of the possible utility of these strategies for the U.S. government. The first phase produced a letter report providing basic information needed to understand the nature of the problem and to articulate important questions that can drive research regarding ways of more effectively preventing, discouraging, and inhibiting hostile activity against important U.S. information systems and networks. The second phase of the project entailed selecting appropriate experts to write papers on questions raised in the letter report. A number of experts, identified by the committee, were commissioned to write these papers under contract with the National Academy of Sciences. Commissioned papers were discussed at a public workshop held June 10-11, 2010, in Washington, D.C., and authors revised their papers after the workshop. Although the authors were selected and the papers reviewed and discussed by the committee, the individually authored papers do not reflect consensus views of the committee, and the reader should view these papers as offering points of departure that can stimulate further work on the topics discussed. The papers presented in this volume are published essentially as received from the authors, with some proofreading corrections made as limited time allowed.




The human rights implications of UK extradition policy


Book Description

The Joint Committee on Human Rights concludes that the current statutory framework does not provide effective protection for human rights. The rights most often relevant to extradition are: prohibition of torture; fair trial; liberty and security; private and family life; and prohibition of discrimination. The Committee calls on the Government to spell out detailed safeguards in the statutory framework. Parliament should be asked to commence the "most appropriate forum" safeguard in the Police and Criminal Justice Act 2006 and that a requirement for the requesting country to show a prima facie case or similarly robust evidential threshold should be introduced in extradition cases. The most appropriate forum safeguard would require the judge to consider whether it is in the interests of justice for the individual to be tried in the requesting country - and to refuse the extradition request if it is not. The committee also calls for negotiated changes to the European Arrest Warrant, a review of the provision of legal representation. The committee also concludes that the power of the Secretary of State to refuse extradition to non-EU countries should not be extended. The powers of the judge in an extradition case should instead ensure adequate protection of rights.




The Trial of Julian Assange


Book Description

The shocking story of the legal persecution of Wikileaks founder Julian Assange and the dangerous implications for the whistleblowers of the future. In July 2010, Wikileaks published Cablegate, one of the biggest leaks in the history of the US military, including evidence for war crimes and torture. In the aftermath Julian Assange, the founder and spokesman of Wikileaks, found himself at the center of a media storm, accused of hacking and later sexual assault. He spent the next seven years in asylum in the Ecuadorian embassy in London, fearful that he would be extradited to Sweden to face the accusations of assault and then sent to US. In 2019, Assange was handed over to the British police and, on the same day, the U.S. demanded his extradition. They threatened him with up to 175 years in prison for alleged espionage and computer fraud. At this point, Nils Melzer, UN Special Rapporteur on Torture, started his investigation into how the US and UK governments were working together to ensure a conviction. His findings are explosive, revealing that Assange has faced grave and systematic due process violations, judicial bias, collusion and manipulated evidence. He has been the victim of constant surveillance, defamation and threats. Melzer also gathered together consolidated medical evidence that proves that Assange has suffered prolonged psychological torture. Melzer’s compelling investigation puts the UK and US state into the dock, showing how, through secrecy, impunity and, crucially, public indifference, unchecked power reveals a deeply undemocratic system. Furthermore, the Assange case sets a dangerous precedent: once telling the truth becomes a crime, censorship and tyranny will inevitably follow. The Trial of Julian Assange is told in three parts: the first explores Nils Melzer’s own story about how he became involved in the case and why Assange’s case falls under his mandate as the Special Rapporteur on Torture. The second section returns to 2010 when Wikileaks released the largest leak in the history of the U.S. military, exposing war crimes and corruption, and Nils makes the case that Swedish authorities manipulated charges against Assange to force his extradition to the US and publicly discredit him. In the third section, the author returns to 2019 and picks up the case as Ecuador kicks Assange out of the embassy and lays out the case as it currently stands, as well as the stakes involved for other potential whistleblowers trying to serve the public interest.




Congressional Record


Book Description