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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. 967

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