Comment by ceejayoz
6 days ago
So reversing the scenario - an illegal immigrant kills me - can't be prosecuted? Because they're not under US jurisdiction?
6 days ago
So reversing the scenario - an illegal immigrant kills me - can't be prosecuted? Because they're not under US jurisdiction?
That question isn't really meaningful, because commission of a crime is a basis for jurisdiction.
Generally if party A commits a crime against party B jurisdiction can be claimed by (1) the country where the crime occurred, (2) the country A is a citizen of, and (3) the country B is a citizen of.
> jurisdiction can be claimed by (1) the country where the crime occurred
Or the birth, as it were?
>Or the birth, as it were?
Not always. The people of American Samoa do not have birthright citizenship in the United States. They are clearly under the jurisdiction of the US.
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Unless you were snuffed out on federal land, I think state law would reign in this situation, and the states can have jurisdiction over you just by being on their territory. In fact, I seem to remember a time when you could be a citizen of a state, but not of the United States, to further complicate matters.
> the states can have jurisdiction over you just by being on their territory
Go on, take that theory just the tiniest little step further logically.
> I seem to remember a time when you could be a citizen of a state, but not of the United States...
When was that?
> Go on, take that theory just the tiniest little step further logically.
So you take that step, is that illegal immigrant a citizen now because they killed someone?
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[dead]
Not sure if his status as sex offender is relevant in this discussion but it’s funny to see the stereotype in action.
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you are arguing with people who are being academic to a fault, unable to see how they've been co-opted. that said, i appreciate the commentary from real lawyers - i LIKE academic stuff even if the real, hard embodied politics of it all is straightforward.