| 翻訳と辞書 |
| Kidnapping of Sidney Jaffe ： ウィキペディア英語版 |
Kidnapping of Sidney Jaffe
Sidney L. Jaffe (born c. 1925) is a U.S.-born Canadian businessman who was kidnapped from outside his Toronto home in 1981 by American bounty hunters Timm Johnsen and Daniel Kear and transported to Florida after failing to appear for a trial there on charges of land sales fraud. His conviction on the fraud charges was overturned on appeal; his conviction on an additional charge of failure to appear for trial was upheld, but he was paroled after two years and returned to Canada. At the request of the Canadian government, Jaffe declined to appear at a new Florida trial on further land fraud charges in 1985. Johnsen and Kear were extradited to Canada and convicted of kidnapping in 1986, but were set free pending appeal, and their sentences were reduced to time served in 1989, after which they returned to the United States. The Jaffe incident caused significant tensions in Canada–United States relations, and resulted in a 1988 exchange of letters between the two countries on cross-border kidnappings.
==Background==
Jaffe, a native of New York, moved to Canada in the early 1970s. In Canada, he worked as an international economist. After his move, he also continued to do business in the United States.〔 He was involved in land deals in Putnam County, Florida as an employee of the Atlantic Commercial Development Corporation. Jaffe sought purchasers for subdivided lots of land, but due to a dispute with the original holder of the mortgage on the lots, Jaffe issued quitclaim deeds rather than warranty deeds to purchasers. In August 1980, Jaffe was arrested on twenty-eight counts of violating the Florida Land Sales Practices Act. Accredited Surety & Casualty posted a US$137,500 bail bond for him. Jaffe then returned to Canada and applied to naturalise as a Canadian citizen. He failed to appear at his May 1981 trial, and was tried ''in absentia''.〔 AS&C faced forfeiture of its bail bond if Jaffe were not returned in 90 days.〔 As a result, AS&C employee Daniel Kear, along with independent bounty hunter Timm Johnsen, then traveled to Canada in pursuit of Jaffe. In September 1981, they intercepted Jaffe at his apartment building as he returned from jogging, and took him in their car back to the United States.〔 Jaffe later testified that Johnsen and Kear threatened him to obtain his cooperation, telling him that his daughter would be harmed he did not cooperate and that they could return him to Florida "dead or alive", while attorneys for Johnsen and Kear claimed that Jaffe cooperated willingly because of the bail bond agreement.〔
In November 1981, Jaffe was convicted on the land fraud counts and an additional count of failure to appear for trial.〔 This assertion of jurisdiction by the Florida court over Jaffe despite his illegal kidnapping from a foreign state was an example of the controversial legal doctrine of ''male captus bene detentus''. In U.S. law, this doctrine goes back to the 1886 Supreme Court case ''Ker v. Illinois'', in which Ker was accused of embezzling funds from a Chicago bank and fled to Lima, Peru. Extradition papers had been drawn up, but it was difficult to actually effect extradition due to the Chilean occupation of the city in the ongoing War of the Pacific, and so two detectives simply abducted Ker and brought him to Illinois. The Supreme Court ruled that the kidnapping had not violated Ker's right to due process as long as he had been properly indicted and tried. At the time of Jaffe's kidnapping, the U.S. recognized only limited exceptions to the general rule in ''Ker''; specifically, in the 1932 case ''Cook v. United States'', the Supreme Court had ruled that where a treaty provision sets explicit territorial limits to jurisdiction, seizure or arrest in violation of that provision meant that a court could not exercise jurisdiction over the defendant so seized or arrested. In that case, the U.S. Coast Guard had seized a British vessel at sea for liquor smuggling off the coast of Massachusetts, beyond the "one-hour sailing limit" within which the Coast Guard could legally seize the vessel under the relevant 1924 U.K.–U.S. treaty, and the court ordered that the vessel be released to its owners. However, as Kathryn Selleck of Boston College Law School observed, the U.S.' extradition treaty with Canada did not explicitly state that the U.S. had no jurisdiction in Canadian territory, and so Jaffe would not be able to avail himself of the ''Cook'' exception as a defence.
Johnsen and Kear's actions provoked international outrage, pitting Canada's sovereignty against Florida's desire to punish what it believed was fraud. As an August 1982 editorial in ''The Montreal Gazette'' put it, "no matter how it turns out, justice may be served only at the cost of an injustice".
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
■ウィキペディアで「Kidnapping of Sidney Jaffe」の詳細全文を読む
スポンサード リンク
| 翻訳と辞書 : 翻訳のためのインターネットリソース |
Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.
|
|