If You're A Wanted Fugitive In The US And You Blog, Maybe Don't Mention Plans To Travel To A US Territory
from the just-a-suggestion dept
The LA Times has a story about a Japanese man who has been wanted on charges of murder for over 25 years, who was finally arrested thanks to him tipping off authorities on his blog that he would be traveling to the US territory of Saipan. Kazuyoshi Miura is believed by US authorities to have killed his wife, while the pair were visiting the US in 1981. He was tried and convicted in Japan -- but the case was overturned. US authorities have been trying to arrest him ever since. Apparently, a few years back he set up a blog, and US police have been monitoring it to see if he would do something so silly as to mention the fact that he'd be traveling to a US territory -- which he actually did. So, just as a public service announcement: if you're a wanted fugitive in the US, perhaps don't announce on your blog that you'll be traveling there.Thank you for reading this Techdirt post. With so many things competing for everyone’s attention these days, we really appreciate you giving us your time. We work hard every day to put quality content out there for our community.
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Why?
By the way, the link seems to have a problem. I only get a blank page. That is why I linked to the article.
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Re:
Yep, kill a cop and they change the rules just to come after your ass.
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Heavy Duty
I found this comment quite profound, thanks.
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Re: Re:
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Re: Re: Double Jeopardy
> protection for those put on trial overseas
I'm not sure how California lawmakers have the authority to repeal or alter double jeopardy protections. It's a guaranteed right in the U.S. Constitution and the California legislature has no legal authority to amend it.
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NOT Double Jeopardy
>It's a guaranteed right in the U.S. Constitution
NO. trial of another country was not a guaranteed object before the governor revised. from the first, U.S. Constitution has limited the double jeopardy to the United States trial. the trial of another country is not a guaranteed.
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Re: Re:
Can a lawyer out there comment on how much of double jeopardy is reality and how much is from bad TV?
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Re:
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Re: Constitution
It does when they are in America or territory under America's control (like Saipan).
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Re: Double jeopardy
Usual mistake, the 5th Amendment says "person" (and the 6th "the accused")
The problem is that SCOTUS has held that you can be tried multiple times in different US jurisdictions, so possibly Federal + one or more states.
No decision on Foreign trials.
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Re: Double jeopardy
"SCOTUS" that Mike D say, is it in USA? SAIPAN? JAPAN?
Supreme Court of the United States has not judged Anything for this matter yet. SAIPAN Court, not yet too. (They do not prosecute. only hands over to LA)
Japanese court judged once. However, this is outside of American law system. It doesn't contradict the law of Japan.
So, Where is the problem ?
No one has been prosecuted in Double Jeopardy yet.
It's sure.
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Also, doesn't the US Constitution have some amendment about double jeopardy?
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Anyway, point is, doun't think it's legal, and I don't think the courts will let it stand.
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Surveillance
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Public Service Announcement
/fugitive
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Nice to see Techdirt watches out for felons.
Also, pretty sure double jep. only applies to being tried in US Courts for the same thing.
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RE: http://www.reuters.com/article/oddlyEnoughNews/idUSN2746806320080228
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Double Jeopardy
Maybe a couple of the I love international law supreme court judges will let him off after he has been convicted here.
As to the California case it was a state law and it was changed by the state, perfectly allowed in the US republican form of government.
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Double Jeopardy ?
1.He was guilty in the case that the he made mistress attack her wife. (never overturned in this case)
2.He shoplifted twice recently. (One case is in the public trial)
3. The woman who was working at his company was discovered as the corpse in LA 1979. (unsolved murder case)
4. There is no "conspiracy crime" in Japan.
(The suspicion of the arrest caused by LAPD is different from the crime of Japan. )
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Most military know this. If they get in trouble "downtown", the military will also punish them for the same act. The military can do this because they are federal.
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Re:
How many pedophiles return to the hometown as a hero?
adding.
It was not "Blog" though LAPD said so. His blog was never found by any Japanese... you know, it was SNS. Yes, if you are a wanted fugitive in the US, it would be better to never write your foolish Nickname in any page.
applaud to LAPD and Old Jimmy.
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Re: Re:
Maybe YOU have urges towards kids that make you think it's an inevitable part of being human, but most humans do not. Mostly they're good people. Trained to kill without any remorse, or trained to get really angry and kill, but good people nevertheless. Except the assholes, but you find them everywhere.
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dont forget this son a a bitch is a murderer he should rot in hell why was he not expideted
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because LAPD had dealings with the Japanese police at that time.
This word might be suitable,
"I think they were all nuts and a bunch of wimps"
- Lt. Gen. Earl Hailston 2001
I hope LAPD arrest the criminal who killed Jane Doe 88...
No one is Double Jeopardy in that cold case.
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Uh, how can it be double jeopardy?
You can be tried for the same crime infinitely as long as you're not found innocent by the court.
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He can be tried in the US for the same crime.
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For example, OJ was found "not guilty". I don't think even those mentally deficient jurors thought he was innocent.
Besides, the crime is alleged to have occurred in the USA and that is where he should have been tried. I seriously think Japan tried him so as he would avoid the possibility of a death sentence here, and remain in a Japanese prison.
In the USA, people have to be tried in the jurisdiction where the crime took place, unless there is a lot of evidence they would not get a free trial in that jurisdiction, and only by a judge's ruling. Being "Constitutional" goes both ways. The Constitution declares rights, but it also demands how justice is to be served. This was done to prevent mock trials in "foreign" jurisdictions, preventing the execution of justice for whom were affected by the crime.
Imagine someone from a corrupt foreign country kills you, but returns to their country before arrest. Let's say this person has various judges and government officials in his pocket. These officials hold a "trial" and lo-and-behold, the guy is cleared of all charges in his country. Has justice been served where the crime took place? No, and there's no possible way a reasonably fair trial (fair to both prosecution and defense) could occur in a different country than where the crime occurred.
Finally, justice can be served with this guy, and finally be done "Constitutionally". The verdict will determine if he is guilty or not.
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justice?
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