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Wilson v. Girard
Wilson v. Girard was a United States Supreme Court case in which the Court refused to stop the executive branch from handing United States Army soldier William S. Girard over to Japanese authorities for trial. Girard was accused of killing a Japanese woman while assigned to the US Army in Japan.
==Facts==
(詳細はU.S.–Japan Status of Forces Agreement then in force, both the United States and Japan could claim jurisdiction over his prosecution. However, the United States' claim had precedence if Girard was "on duty" when the suspected crime occurred. The United States argued that Girard was in fact "on duty," and that he should therefore be tried by US court martial.〔"The United States claimed the right to try Girard upon the ground that his act, as certified by his commanding officer, was ‘done in the performance of official duty’ and therefore the United States had primary jurisdiction." ''Wilson v. Girard'', 354 U.S. 524, 529 (1957)〕 The Japanese argued the opposite. After much discussion, the US decided as a political matter that they would hand Girard over, as the case was causing great controversy in Japan and threatened to harm the alliance.
Girard sued to stop his surrender to the Japanese. He petitioned for ''habeas corpus'', claiming he was held unlawfully by the Army. This was denied by the district court, but the district court did enjoin the Army from handing him over to the Japanese. Both sides appealed to the Supreme Court.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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