What is the jurisdiction between Canada and USA?
A friend was arrested (alleged sexual assault) while on vacation at Niagara Falls. He spent the weekend in jail, posted bail and has a court date scheduled. He is now back home in the US.
Can he be charged in the US also? He has to go back to Canada on his court date, but I wanted to know if he can be charged in the US courts even if the alleged assault happened in Canada. Any Info?
FYI: I dont know if he did it or not, I wasnt there! That is beside the points and only the courts and investigators can answer that. Thanks for any info that answers MY QUESTION!
Answers:
Canada and the USA have a very comprehensive extradition treaty that is mutually beneficial. Sharing the longest unguarded boarder in the world we can and do, capture and extradite criminals back and forth without much issue.
He would be charged in Canada, as that is where the crime occur ed. A judge could opt for him to be incarcerated in the USA however it is unlikely. If found guilty he will be a burdon on the Canadian penal system.
You are charged in the jurisdiction where the alleged offence occurred, in this case Canada. The USA has no jurisdiction to charge someone for something that happened in Canada. Also, you cannot be charged twice for the same offence.
I'm suprised they let him leave the country to be honest, for fear of flight.
Michael C is correct...to a degree, as I said offence. In his hypothetical example he listed two "offences" for the same incident..not to knit (nit? which is it) pick but...oh who am I kidding..we are both knit picking.
I'm not a lawyer, but I would say No he wouldn't be charged in the US because it didn't happen here (if it did).
elysialaw got it part right. The US can not charge him for something that happened in Canada.
When she says you can not be charged twice for the same offense... sort of. You can not be charged twice with the same law from the same action. But if you break two laws with one action you can be charged with both. For example, if a person is smuggling drugs and is caught in Texas, they could be charged with possession by the state of Texas, but also be charged with smuggling by the federal government.
Three years in law school and I never heard the phrase, "evidence per se." There is evidence. The trier of fact (either a judge or jury) will hear the testimony of the purported victim and might hear the evidence of defendant. It the trier of fact thinks the victim is telling the truth the defendant will be found guilty. If the trier of fact thinks the victim is lying then the defendant will be found not guilty.
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