Extradition Treaty Between The U.S. And Mexico example essay topic

Through bilateral and multilateral treaties, cooperating nations have been able to formulate acceptable solutions to countless problems especially with those charged with or convicted of the widest variety of crimes, including murder, white-collar crimes, narcotics traffickers and terrorist. Preserving the integrity of our criminal justice system and the protection of the public has been challenged due to the Extradition Treaty between the United States and Mexico. Mexico, a heavily Catholic nation, opposes capital punishment and refuses to extradite defendants for cases unless U.S. authorities pledge not to seek the death penalty. The Extradition Treaty should be renegotiated and reconsidered with Mexico in order for criminals to face their correspondent punishment. While all countries maintain a strong interest in safeguarding the rights of their citizenry and individuals who fall under the protection of their laws, nations now more than ever, are seeking to extend the reach of their judiciaries to gain access to or prosecute individuals who are beyond their borders. As a result, an extradition treaty between the U.S. and Mexico was first signed in May 4, 1978.

Extradition refers to the formal process by which an individual is delivered from the country where he is located, the requested country, to the requesting country in order to face prosecution, or if already convicted, to serve a sentence. Extradition to the requesting country is subject to the laws, procedures and policies of the requested country. For years, criminals have tried to use the border between the United States and Mexico as an escape hatch from justice. On April 29, 2002, Los Angeles County Deputy March was shot and killed during a routine traffic stop by Armando Garcia, an illegal alien from Mexico. Garcia shot Deputy March and immediately left the scene. Garcia, a known drug dealer, then fired an additional shot into Deputy March's head, ensuring his demise.

After the incident, Garcia fled to Mexico and continues to walk the streets there, free from prosecution because Mexico refuses to extradite him to California to face first-degree murder charges. "Under the Extradition Treaty between the United States of American and the United Mexican States, Mexico has refused to extradite to the United States other suspects of capital crimes" (HC ON 93 IH). As a result of Mexico's interpretation of the Extradition Treaty, many individuals who have committed murder and other serious crimes in California have not been extradited, thus allowing them to escape appropriate prosecution and punishment under California law. Deputy March is not the only fallen officer whose alleged murder is living in Mexico to avoid prosecution. "There are more than 800 open extradition cases involving murder, rape and narcotics charges.

The defendants are all fugitives wanted by the law here, but living in freedom in Mexico-despite of what laws may have been broken" (Getting Away with Murder). There have been many victims who have been denied justice for the same reason. The United States has extradition treaties with over a hundred countries. Extradition treaties confer upon the contracting nations a greater degree of control over certain citizens of the nations with which they contract. When an individual accused of a crime is extradited to the United States, he or she will be tried, and if convicted, sentenced in the jurisdiction where the crime was committed.

Mexican authorities rarely refuse extradition of an American citizen to the United States. Likewise, the United States commonly returns Mexican nationals for crimes committed in that country. However, complications with the extradition treaty arise when Mexico is requested to extradite its own nationals. Extradition may not always be a viable option for Texas prosecutors seeking to bring a Mexican criminal to justice.

"Mexico's refusal to be a good neighbor in the prosecution of dangerous felons should be the first reason for the United States to resist expanded immigration rules and an open border policy" (Mexico Ignoring U.S. on Extradition- With Help From Its American Friends). The Extradition treaty between Mexico and the United States has aroused many problems because " Mexico's recent interpretation of the.