Ker-Frisbie Doctrine
Encyclopedia
The Ker-Frisbie doctrine is applied in the context of extradition
and generally holds that criminal defendants may be prosecuted in United States
courts regardless of whether their presence has been obtained through the use of applicable extradition treaties.
, , a messenger forcibly kidnapped the defendant from Peru
and brought him back to the United States, even though he had been sent to Peru with a valid warrant
and instructions to obtain the defendant with the cooperation of the local authorities. Addressing Ker's due process
challenge, the Supreme Court of the United States
held that "such forcible abduction is no sufficient reason why the party should not answer when brought within the jurisdiction of the court which has the right to try him for such an offence, and presents no valid objection to his trial in such court."
Frisbie v. Collins
, , presented a case in which the defendant was tried in Michigan
after being abducted by Michigan authorities in Chicago
. Applying its decision in Ker, the Supreme Court upheld the conviction over challenges based on due process
and federal kidnapping
laws.
More recently, the Supreme Court relied on the Ker-Frisbie doctrine in United States v. Alvarez-Machain, . Álvarez Machaín, a Mexican
citizen who was abducted and brought to the United States at the direction of the Drug Enforcement Administration
. The Court rejected the argument that such abductions undermine the usefulness of extradition treaties, and it refused to read general principles of international law
weighing against such abductions into the Mexican extradition treaty.
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
and generally holds that criminal defendants may be prosecuted in United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
courts regardless of whether their presence has been obtained through the use of applicable extradition treaties.
History
In Ker v. IllinoisKer v. Illinois
Ker v. Illinois, 119 U.S. 436 , is a U.S. Supreme Court case. It held that a fugitive kidnapped from abroad could not claim any violation of the Constitution, laws or treaties of the United States....
, , a messenger forcibly kidnapped the defendant from Peru
Peru
Peru , officially the Republic of Peru , is a country in western South America. It is bordered on the north by Ecuador and Colombia, on the east by Brazil, on the southeast by Bolivia, on the south by Chile, and on the west by the Pacific Ocean....
and brought him back to the United States, even though he had been sent to Peru with a valid warrant
Warrant (law)
Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
and instructions to obtain the defendant with the cooperation of the local authorities. Addressing Ker's due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
challenge, the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
held that "such forcible abduction is no sufficient reason why the party should not answer when brought within the jurisdiction of the court which has the right to try him for such an offence, and presents no valid objection to his trial in such court."
Frisbie v. Collins
Frisbie v. Collins
Frisbie v. Collins, 342 U.S. 519 , was a decision by the United States Supreme Court, which held that kidnapping of suspects by State authorities is constitutional. The defendant was tried in Michigan after being abducted by Michigan authorities in Chicago, Illinois. Applying its decision in Ker v...
, , presented a case in which the defendant was tried in Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
after being abducted by Michigan authorities in Chicago
Chicago
Chicago is the largest city in the US state of Illinois. With nearly 2.7 million residents, it is the most populous city in the Midwestern United States and the third most populous in the US, after New York City and Los Angeles...
. Applying its decision in Ker, the Supreme Court upheld the conviction over challenges based on due process
Due process
Due process is the legal code that the state must venerate all of the legal rights that are owed to a person under the principle. Due process balances the power of the state law of the land and thus protects individual persons from it...
and federal kidnapping
Kidnapping
In criminal law, kidnapping is the taking away or transportation of a person against that person's will, usually to hold the person in false imprisonment, a confinement without legal authority...
laws.
More recently, the Supreme Court relied on the Ker-Frisbie doctrine in United States v. Alvarez-Machain, . Álvarez Machaín, a Mexican
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
citizen who was abducted and brought to the United States at the direction of the Drug Enforcement Administration
Drug Enforcement Administration
The Drug Enforcement Administration is a federal law enforcement agency under the United States Department of Justice, tasked with combating drug smuggling and use within the United States...
. The Court rejected the argument that such abductions undermine the usefulness of extradition treaties, and it refused to read general principles of international law
International law
Public international law concerns the structure and conduct of sovereign states; analogous entities, such as the Holy See; and intergovernmental organizations. To a lesser degree, international law also may affect multinational corporations and individuals, an impact increasingly evolving beyond...
weighing against such abductions into the Mexican extradition treaty.