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35 New Eng. L. Rev. 967 (2000-2001)
American Justice across the Ocean - The Case of Samuel Sheinbein

handle is hein.journals/newlr35 and id is 977 raw text is: American Justice Across the Ocean?
The Case of Samuel Sheinbein
Injustice anywhere is a threat to justice everywhere. We are caught in an
inescapable network of mutuality, tied in a single garment of destiny. What-
ever affects one directly affects all indirectly.
I. INTRODUCTION
When an American family becomes the victim of a heinous crime, they
expect to receive justice. It is very important for the family to see the
perpetrator punished for his/her criminal act, and they rely upon the
government to enforce the law and ensure that justice is done.
Unfortunately, there are cases in which the family witnesses the
government's inability to hold the lawbreaker accountable.   This
Comment will present a case in which a Maryland family observed the
United States' inability to hold a perpetrator accountable in the United
States. After the murder of a young man, the suspect fled to a foreign
nation and evaded the United States' extradition efforts. He was tried and
convicted in that foreign nation and currently serves time for his domestic
crime in a foreign prison. This Comment will answer the question of
whether the United States could retry the fugitive upon his return to the
United States and finally provide the victim's family with the closure they
deserve.
Broken down into the individual sections of this Comment, Part II
focuses on the incidents that comprise this tragic tale, from the events in a
suburban Maryland town to the ensuing legal battle that took place across
the ocean in Israel.2 Parts III.A and III.B present a comparison between
the Israeli and United States judicial systems3 and Part III.C compares the
corrections systems of both nations, including corrections facilities and
corrections options.4 Next, Part III.D analyzes the link between both
systems, the extradition treaty that governed this case.5 In Part IV.A, this
article expands upon the applicability of special provisions within the
extradition treaty,6 and in Part IV.B the main bases for denying
I. MARTIN LUTHER KING, JR., Letter From a Birmingham Jail, in WRITINGS
AND SPEECHES THAT CHANGED THE WORLD 83, 85 (1992).
2. See infra notes 10-60 and accompanying text.
3. See infra notes 61-113 and accompanying text.
4. See infra notes 114-42 and accompanying text.
5. See infra notes 143-53 and accompanying text.
6. See infra notes 154-73 and accompanying text.
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