Total Posts:7|Showing Posts:1-7
Jump to topic:

What would happen if...?

gerrandesquire
Posts: 1,258
Add as Friend
Challenge to a Debate
Send a Message
3/14/2012 6:14:05 AM
Posted: 4 years ago
What would happen if a Chinese national transports drugs to US and is caught in Colombia? The Inter-American Convention on Extradition would dictate the Chinese to be extradited to US but China would want a trial on its own land. Who will win? The most probable course of action?

Also what if the Drug seller is an Afghanistani? US does not have an extradition treaty with Afghanistan, where will the trial take place?
logicrules
Posts: 1,721
Add as Friend
Challenge to a Debate
Send a Message
3/14/2012 8:29:46 AM
Posted: 4 years ago
At 3/14/2012 6:14:05 AM, gerrandesquire wrote:
What would happen if a Chinese national transports drugs to US and is caught in Colombia? The Inter-American Convention on Extradition would dictate the Chinese to be extradited to US but China would want a trial on its own land. Who will win? The most probable course of action?

Also what if the Drug seller is an Afghanistani? US does not have an extradition treaty with Afghanistan, where will the trial take place?

First....insufficient information. Second...same
Mimshot
Posts: 275
Add as Friend
Challenge to a Debate
Send a Message
3/14/2012 8:36:44 AM
Posted: 4 years ago
At 3/14/2012 6:14:05 AM, gerrandesquire wrote:
What would happen if a Chinese national transports drugs to US and is caught in Colombia? The Inter-American Convention on Extradition would dictate the Chinese to be extradited to US but China would want a trial on its own land. Who will win? The most probable course of action?
If there were a U.S. warrant, Colombia would be obligated to extradite; however, whether they actually do so could depend on diplomatic issues. However, it's not clear that the Chinese national has actually committed a U.S. offense in your hypothetical. What extra-territorial law would he have broken?

Also what if the Drug seller is an Afghanistani? US does not have an extradition treaty with Afghanistan, where will the trial take place?
It would depend on the wording of the U.S. extradition treaty with Colombia. What matters is the law in the place where the arrest took place.
Mimshot: I support the 1956 Republican platform
DDMx: So, you're a socialist?
Mimshot: Yes
gerrandesquire
Posts: 1,258
Add as Friend
Challenge to a Debate
Send a Message
3/16/2012 5:49:15 AM
Posted: 4 years ago
At 3/14/2012 8:36:44 AM, Mimshot wrote:
At 3/14/2012 6:14:05 AM, gerrandesquire wrote:
What would happen if a Chinese national transports drugs to US and is caught in Colombia? The Inter-American Convention on Extradition would dictate the Chinese to be extradited to US but China would want a trial on its own land. Who will win? The most probable course of action?
If there were a U.S. warrant, Colombia would be obligated to extradite; however, whether they actually do so could depend on diplomatic issues. However, it's not clear that the Chinese national has actually committed a U.S. offense in your hypothetical. What extra-territorial law would he have broken?

Transshipping drugs to USA? Wouldn't that be an offense under the US laws?

Also what if the Drug seller is an Afghanistani? US does not have an extradition treaty with Afghanistan, where will the trial take place?
It would depend on the wording of the U.S. extradition treaty with Colombia. What matters is the law in the place where the arrest took place.

Wouldn't Afghanistan want a trial on their own land?
Mimshot
Posts: 275
Add as Friend
Challenge to a Debate
Send a Message
3/16/2012 11:12:35 AM
Posted: 4 years ago
At 3/16/2012 5:49:15 AM, gerrandesquire wrote:
At 3/14/2012 8:36:44 AM, Mimshot wrote:
At 3/14/2012 6:14:05 AM, gerrandesquire wrote:
What would happen if a Chinese national transports drugs to US and is caught in Colombia? The Inter-American Convention on Extradition would dictate the Chinese to be extradited to US but China would want a trial on its own land. Who will win? The most probable course of action?
If there were a U.S. warrant, Colombia would be obligated to extradite; however, whether they actually do so could depend on diplomatic issues. However, it's not clear that the Chinese national has actually committed a U.S. offense in your hypothetical. What extra-territorial law would he have broken?

Transshipping drugs to USA? Wouldn't that be an offense under the US laws?
He was caught in Colombia with drugs "intended" for the U.S.? You probably need more than that.

Also what if the Drug seller is an Afghanistani? US does not have an extradition treaty with Afghanistan, where will the trial take place?
It would depend on the wording of the U.S. extradition treaty with Colombia. What matters is the law in the place where the arrest took place.

Wouldn't Afghanistan want a trial on their own land?
They might, but its not clear that any Afghan laws were violated. In any case, the U.S. doesn't lose the right to prosecute someone because he is prosecutable somewhere else.
Mimshot: I support the 1956 Republican platform
DDMx: So, you're a socialist?
Mimshot: Yes
gerrandesquire
Posts: 1,258
Add as Friend
Challenge to a Debate
Send a Message
3/16/2012 1:24:01 PM
Posted: 4 years ago
At 3/16/2012 11:12:35 AM, Mimshot wrote:
At 3/16/2012 5:49:15 AM, gerrandesquire wrote:
At 3/14/2012 8:36:44 AM, Mimshot wrote:
At 3/14/2012 6:14:05 AM, gerrandesquire wrote:
What would happen if a Chinese national transports drugs to US and is caught in Colombia? The Inter-American Convention on Extradition would dictate the Chinese to be extradited to US but China would want a trial on its own land. Who will win? The most probable course of action?
If there were a U.S. warrant, Colombia would be obligated to extradite; however, whether they actually do so could depend on diplomatic issues. However, it's not clear that the Chinese national has actually committed a U.S. offense in your hypothetical. What extra-territorial law would he have broken?

Transshipping drugs to USA? Wouldn't that be an offense under the US laws?
He was caught in Colombia with drugs "intended" for the U.S.? You probably need more than that.

Ah. I meant the drugs were dropped off in USA. And the FBI followed his trail and traced him back to Colombia. And he's a Chinese.

Also what if the Drug seller is an Afghanistani? US does not have an extradition treaty with Afghanistan, where will the trial take place?
It would depend on the wording of the U.S. extradition treaty with Colombia. What matters is the law in the place where the arrest took place.

Wouldn't Afghanistan want a trial on their own land?
They might, but its not clear that any Afghan laws were violated. In any case, the U.S. doesn't lose the right to prosecute someone because he is prosecutable somewhere else.

Wouldn't trading illegal substances fall under the category of an offence? In any case, because of no extradition treaty, will there be a problem in prosecution?
Ren
Posts: 7,102
Add as Friend
Challenge to a Debate
Send a Message
3/16/2012 2:21:57 PM
Posted: 4 years ago
At 3/14/2012 6:14:05 AM, gerrandesquire wrote:
What would happen if a Chinese national transports drugs to US and is caught in Colombia? The Inter-American Convention on Extradition would dictate the Chinese to be extradited to US but China would want a trial on its own land. Who will win? The most probable course of action?

Also what if the Drug seller is an Afghanistani? US does not have an extradition treaty with Afghanistan, where will the trial take place?

That question doesn't really make sense... how could someone get "caught" in one country for transporting drugs between two other countries?

It would require that the Chinese person is caught by American officials with the cooperation of Colombia (isn't happening), in which case, China would have no say, as they'd have no jurisdiction. The best they can do is demand him back, and likely, it wouldn't happen. China would not start a war over one idiot drug trafficker. They would just burn him at home, anyway.

Anyway, you've basically outlined the plot to any given crime/action/drama movie. If you make it to Colombia, you've essentially gotten away with it altogether.