Bringing a fugitive back to the U.S

[JoePerry]

If someone was to go to a country where a fugitive is known to be hiding, but because of no extradition laws they’re still there, capture them and bring them back to the states. Would they get in trouble and if so how much?

 

[Zigner]

If someone was to go to a country where a fugitive is known to be hiding, but because of no extradition laws they’re still there, capture them and bring them back to the states. Would they get in trouble and if so how much?

It depends and it depends.
Since this depends (first) upon the laws of the country where the "capture" occurs, I'd have to refer you to an attorney who is familiar with that country's laws. Once you've got that straightened out, then speak to local attorney.

 

[PayrollHRGuy]

They could certainly be arrested in the foreign country assuming kidnapping is illegal there.

They could also be charged criminally for the same thing in the US.

 

[Taxing Matters]

If someone was to go to a country where a fugitive is known to be hiding, but because of no extradition laws they’re still there, capture them and bring them back to the states. Would they get in trouble and if so how much?

I assume that the person doing the capturing is not a law enforcement officer. If that's the case, the person doing the capturing may get charged with kidnapping and other offenses upon reentering the U.S. And, of course, law enforcement officer or not, the capture may well violate the laws of that other country and subject the person to charges in that country, too. This is an incredibly bad idea.

 

[Just Blue]

If someone was to go to a country where a fugitive is known to be hiding, but because of no extradition laws they’re still there, capture them and bring them back to the states. Would they get in trouble and if so how much?

Is this a hypothetical question or are you contemplating doing this?

 

[RJR]

I assume that the person doing the capturing is not a law enforcement officer. If that's the case, the person doing the capturing may get charged with kidnapping and other offenses upon reentering the U.S. And, of course, law enforcement officer or not, the capture may well violate the laws of that other country and subject the person to charges in that country, too. This is an incredibly bad idea.

I have this case in my notes concerning the latter aspect.

https://supreme.justia.com/cases/federal/us/504/655/

 

[NeilTheCop]

If someone was to go to a country where a fugitive is known to be hiding, but because of no extradition laws they’re still there, capture them and bring them back to the states. Would they get in trouble and if so how much?

If he is a violent criminal he may be somewhat reluctant to be returned to face justice, and he will let his reluctance be known.
If, as other members have said you kidnapped him, how do you propose getting him back into the US?

 

[JoePerry]

Is this a hypothetical question or are you contemplating doing this?

Just hypothetically, read online that one of the most wanted fugitives is living freely in Cuba because they won’t extradite her. So a workplace discussion immensead with everyone wondering what would happen if someone went there and brought them back.

 

[Just Blue]

Just hypothetically, read online that one of the most wanted fugitives is living freely in Cuba because they won’t extradite her. So a workplace discussion immensead with everyone wondering what would happen if someone went there and brought them back.

Ahhh....Well we don't entertain hypothetical questions here. Too many variables and it detracts from the threads where people have real issues they need assistance with. I'm sure you can understand.

 

[LdiJ]

Just hypothetically, read online that one of the most wanted fugitives is living freely in Cuba because they won’t extradite her. So a workplace discussion immensead with everyone wondering what would happen if someone went there and brought them back.

What you are all missing in your theory, is what it would actually take to make that happen. All of these workplace discussions don't take into consideration that the person in question is NOT going to come willingly. The end result could easily, and most likely be that the person who attempted to retrieve them from the foreign country could end up in jail in the foreign country.

Now, if someone could actually manage to get them on a plane or a boat and get them back to the US without getting arrested, then it might result positively. The reality of things however is that nobody is going to go willingly.

 

[RJR]

Now, if someone could actually manage to get them on a plane or a boat and get them back to the US without getting arrested, then it might result positively. The reality of things however is that nobody is going to go willingly.

That would take Jim Phelps and the IMF team.

 

[Just Blue]

What you are all missing in your theory, is what it would actually take to make that happen. All of these workplace discussions don't take into consideration that the person in question is NOT going to come willingly. The end result could easily, and most likely be that the person who attempted to retrieve them from the foreign country could end up in jail in the foreign country.

Now, if someone could actually manage to get them on a plane or a boat and get them back to the US without getting arrested, then it might result positively. The reality of things however is that nobody is going to go willingly.

Chances are the person would end up dead.

 

[Taxing Matters]

I have this case in my notes concerning the latter aspect.

https://supreme.justia.com/cases/federal/us/504/655/

I'm not seeing how that case impacts at all whether the abductor may be charged in the foreign country. The case does not address it and even if it did, a U.S. court decision isn't binding on any other country.

 

[Mass_Shyster]

You need to find someone with a particular set of skills

 

[RJR]

I'm not seeing how that case impacts at all whether the abductor may be charged in the foreign country. The case does not address it and even if it did, a U.S. court decision isn't binding on any other country.

You mentioned about LE doing the kidnapping, so I shed a little light on it.