Criminal Law Beyond Borders
Criminal Law Beyond Borders
Vacationers always start out with the best intentions. You book your ticket, pack your bags and head to far away places in search of rest and relaxation. However, recent news of crimes involving American tourists traveling abroad—whether they be victim or perpetrator—makes criminal law even more challenging.
The growing popularity of television shows like “Why I Ran” or “Locked Up Abroad” can shed light on the benefits of the American judicial system and the fact that those same rights are not often afforded to citizens once they cross borders. Outcomes of the some of the more prominent cases have differed drastically:
Aruba – Natalee Holloway and Robyn Gardner
Natalee Holloway, a high school senior went missing while vacationing with her class in Aruba. Her body has never been found. The primary suspects in her case locals Joran van der Sloot and brothers Deepak and Satish Kalpoe were arrested on various charges including suspicion of involvement in her disappearance. Due to lack of evidence the three men were released without charge after each arrest.
Although never tried or convicted in the case, Joran Van Der Sloot is currently awaiting trial in Peru for first-degree murder and robbery of Stephany Tatiana Flores Ramírez, who died in Lima, exactly five years after Holloway’s disappearance.
More recently, Robyn Gardner ‘s disappeared on the island and is believed to be the victim of a crime committed by an American man she met online and with whom she traveled to Aruba. Gary Giordano, the man now suspected in the disappearance of Ms. Gardner has been held by Aruban authorities after his accounts to police led them to increasingly suspect him in her death.
Italy – Amanda Knox
Amanda Knox, an American student studying abroad in Italy was convicted of murdering British university exchange student Meredith Kercher. Evidence proved that Kercher was sexually assaulted and stabbed, and that property belonging to her was stolen. The case brought chilling reality to crime in an educational setting. Knox’s case received international news coverage and she was sentenced to 26 years. It is anticipated that her appeal will end later this year.
Iran – Josh Fattal, Shane Bauer and Sarah Shourd
Three United States citizens including two men and one woman were traveling along the Iraq/Iran border were arrested and detained for spying. The three alleged that they were hiking. Josh Fattal and Shane Bauer remain in Iranian custody and are awaiting the outcome of a trial which is expected to be handed down in the coming weeks. Sarah Shourd was released in September 2010 for medical reasons, returning to the United States after 410 days of solitary confinement. She remains a defendant in the case and is being tried in absentia.
These examples represent a cross-section of destinations from the Caribbean to Europe to the Middle East that have received International attention. It is important to note that many more Americans are arrested and detained abroad annually for crimes of equal or lesser severity. It is important to be aware of how venturing abroad can create complicated legal matters for you.
Crime Crosses All Borders
There are virtually no countries that are without crime including the United States. In many countries, American tourists are targeted due to perceived wealth, language barriers and their tendency to congregate in certain areas along with their general unfamiliarity with their surroundings. Whether it is theft of valuables, assaults or even murder, tourists should be on alert when traveling. Be sure to read travel advisories issued by the U.S. State Department before traveling and to let friends and relatives know your travel plans and how to contact you in case of emergency.
All Law are Not Created Equal
Vacationers should observe local customs and laws of each locale that you visit because authorities may issue arrests for conduct that is perfectly legal in the United States but no so at your destination. Do your research before you travel and try to stay out of the murky waters.
You May Be Detained At Length If Arrested Abroad
If you are arrested detention times will differ based on your locale, as will your access to your personal articles and contacts. You may also find yourself without the funds to post bail and in many cases may not have immediate access to legal counsel. Arrests abroad may cause you to lose your travel privileges, result in lost time from work or a loss in income, and may seriously impact your family financially.
Legal Counsel is Important
Once a crime is committed abroad, international relations and criminal law intersect creating a more complex band of issues. It is important to have competent counsel who understands all of the issues before you in order to you with proper legal assistance.
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