U.S. v. Alvarez-Machain brief

U.S. v. Alvarez-Machain brief - Yes. Was kidnapping wrong...

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Courtney Smith Professor King Con Law 4200 9/15/10 United States v. Alvarez-Machain brief Facts: United States v. Alvarez-Machain (April 1, 1992) was a case that tested foreign policy here in the United States. The United States basically accused Mexico native, Dr. Humberto Alvarez-Machain of a crime not to sure if he did it or not, which is unconstitutional and was also kidnapped by the United States as well. The Bush administration appealed that ruling to the Supreme Court of the United States, which granted review. The case was later dismissed for lack of evidence. Issues: Was it unconstitutional for the United States to accuse Dr. Alvarez-Machain and take him to trial for a crime without having enough facts on if he did, or did not do it?
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Unformatted text preview: Yes. Was kidnapping wrong as well? Yes Reasoning: Yes, of course it was very much unconstitutional, and it also broke the extradition treaty. Its not right to kidnap someone based off of non-factual information. There may have been strong points says that he did in fact have a part of murdering the special agent DEA, but there was not enough facts to back up their opinion. Holdings: The United States won this case 6 to 3 and Dr. Alvarez-Machain was permitted to return to Mexico. The court of appeals held that the forced abduction of the Mexico born native violates the Extradition Treaty between the U.S. and Mexico....
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This note was uploaded on 04/19/2011 for the course PSCI 4200 taught by Professor Kimmyking during the Fall '10 term at North Texas.

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