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We also need to prevent double trials. If an individual were judged and sentenced for a crime in one country, he should not be judged on the same grounds in ano

by tajen 11y ago

We also need to prevent double trials. If an individual were judged and sentenced for a crime in one country, he should not be judged on the same grounds in another.

pc86 11y ago
Is there any concept of international double jeopardy? I understand why we want to avoid this within the same country, but if someone commits a crime against both Country A and Country B simultaneously (one act) and they are sentenced to N months in prison or a $Y fine in Country A, I don't immediately see any reason why Country B shouldn't be allowed to pursue a case against them as well.
- Retric 11y ago
  If Jaywalking is a crime in country 200 countries you don't want someone to be liable 200 times for a single case. Note, we are charging people for crimes committed in other countries so the president is independent of crime type.
  - blktiger 11y ago
    This is a poor example since a single case of Jaywalking can only be commited in a single country. If you were to Jaywalk across a country border on the other hand, you'd could be charged with 2 instances of Jaywalking. Once in the first country covering only the distance you Jaywalked while in that country and once in the second country to cover the distance you Jaywalked in that country. Even in that case you might only be tried in a single country since the other country would have to extradite you and they may not want to. That's the whole point of the extradition process, it allows one country to deny or allow another country the ability to prosecute someone.
    - Retric 11y ago
      Ahh, but we are charging people for crimes they commit outside of a given country. If twenty country's all make blasphemy illegal, then a single speech in a single country would be breaking the law in each of them. As to jaywalking, that might not be the root cause. Selective enforcement means people often get charge for reasons other than the direct action.
    - tajen 11y ago
      An example of crime which can be punished twice: Use of prostitution in a foreign country is illegal for an Australian. However, the law was created with international compatibility in mind.
  - pc86 11y ago
    I won't repeat what blktiger said. A better example would be child pornography hosted on multiple servers in multiple countries. I'm sure there is a less emotionally charged offense where you could come up with a single act violating the same (or very similar) laws in multiple jurisdictions simultaneously.
    - Retric 11y ago
      In your example each separate server would involve separate incidents and thus be separate crimes. What about one person uploading one file to one server in a persons home country?

by tajen 11y ago

We also need to prevent double trials. If an individual were judged and sentenced for a crime in one country, he should not be judged on the same grounds in another.

pc86 11y ago

Is there any concept of international double jeopardy? I understand why we want to avoid this within the same country, but if someone commits a crime against both Country A and Country B simultaneously (one act) and they are sentenced to N months in prison or a $Y fine in Country A, I don't immediately see any reason why Country B shouldn't be allowed to pursue a case against them as well.

Retric 11y ago
If Jaywalking is a crime in country 200 countries you don't want someone to be liable 200 times for a single case. Note, we are charging people for crimes committed in other countries so the president is independent of crime type.
- blktiger 11y ago
  This is a poor example since a single case of Jaywalking can only be commited in a single country. If you were to Jaywalk across a country border on the other hand, you'd could be charged with 2 instances of Jaywalking. Once in the first country covering only the distance you Jaywalked while in that country and once in the second country to cover the distance you Jaywalked in that country. Even in that case you might only be tried in a single country since the other country would have to extradite you and they may not want to. That's the whole point of the extradition process, it allows one country to deny or allow another country the ability to prosecute someone.
  - Retric 11y ago
    Ahh, but we are charging people for crimes they commit outside of a given country. If twenty country's all make blasphemy illegal, then a single speech in a single country would be breaking the law in each of them. As to jaywalking, that might not be the root cause. Selective enforcement means people often get charge for reasons other than the direct action.
  - tajen 11y ago
    An example of crime which can be punished twice: Use of prostitution in a foreign country is illegal for an Australian. However, the law was created with international compatibility in mind.
- pc86 11y ago
  I won't repeat what blktiger said. A better example would be child pornography hosted on multiple servers in multiple countries. I'm sure there is a less emotionally charged offense where you could come up with a single act violating the same (or very similar) laws in multiple jurisdictions simultaneously.
  - Retric 11y ago
    In your example each separate server would involve separate incidents and thus be separate crimes. What about one person uploading one file to one server in a persons home country?