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"Why is it that the mechanism is "one parry can do what it wants unless the other party complains" instead of "one party can only do what it agreed to"? Becaus
by DannyBee 3y ago
"Why is it that the mechanism is "one parry can do what it wants unless the other party complains" instead of "one party can only do what it agreed to"?
Because that concept is consistent with all of US law -
See third party standing, third party beneficiaries, etc.
In the US, you usually can't raise claims on behalf of others, whether they are constitutional, contractual, etc.
This was not a surprise to anyone involved - the US, SBF, the bahamas, the lawyers, etc.
They are all quite aware of this.
You can argue this mechanism sucks, or is bad, but the answer to your question is because that's what all of US law says everywhere - this is not some unique feature of extradition. It's a core concept common across both civil and criminal law.
- hsjqllzlfkf 3y agoHey I'm sure this all makes sense to lawyers :-) Anyway I understood your point, thanks for making the effort.
- DannyBee 3y agoLet me go further - Lawyers didn't make this up. Elected officials did :) Non-lawyer elected officials, actually. Lawyers are just charged with knowing enough of the mess to be able to advise people - but don't shoot the messenger. The criminal system is also deliberately adversarial, something lawyers didn't make up either. The civil system is not, at least.
- civilitty 3y ago> Non-lawyer elected officials, actually. What do you base this on? It depends on the year but Congress is usually 30-50% lawyers. A lot of legislative drafting is carried out by lawyers in the Legislative Counsel (of the House of Reps, of California, etc.), anyway. Unless you mean these rules were written before the Bar associations were a thing
- RandomBK 3y agoGiven much of this comes from English Common Law, we get to blame time immemorial for how our legal system works.
- DannyBee 3y agoThese things are older than the US, for the most part. Those that aren't are from very close to founding, done in conventions that were mostly not lawyers :) These are mostly not modern doctrines created by Congress.
- deleted 3y ago[deleted]