Conference on Cross-Border Prosecution and Extradition in the U.S.-Mexican Context

Co-sponsored by the
USD School of Law and the USD Trans-Border Institute

THURSDAY, DECEMBER 2, 2004

On December 2, 2004, the USD School of Law and the USD Trans-Border Institute will co-sponsor a conference on cross-border prosecution and extradition in the U.S.-Mexican context. This conference will bring together prosecutors and legal experts to address several complex legal issues that impact cross-border collaboration in law enforcement and security.

Extradition is one of the most sensitive issues in U.S.-Mexican relations. While there are numerous successful extraditions of individuals from Mexico to the United States, U.S. extradition treaties with Mexico, Canada and Europe treaty prohibit the use of extradition in cases where defendants face the death penalty. In October 2001, the Mexican Supreme Court ruled that the application of life sentences in extradition cases violates the Mexican Constitution because it goes against the principle of rehabilitation that forms the basis of Mexican criminal law. This ruling has caused frustration for U.S. authorities that wish to use the maximum allowable penalties to prosecute suspected criminals who flee to Mexico. While both countries have a strong desire to ensure enforcement of the law and respect for domestic legal norms, this issue has generated enormous tension in recent years.

Despite these challenges, there are alternative legal mechanisms for cross-border prosecution and evidence gathering in the U.S.-Mexican context. These are relatively well developed, but have not been subject to in-depth evaluation and assessment. One important mechanism, Article 4 of the Mexican criminal code, allows U.S. prosecutors to assist Mexican authorities in the trial and sentencing of offenders that have fled to Mexico . Recent California legislation has allowed for the creation of a tracking mechanism for Article 4 prosecutions.

This conference will provide an opportunity for legal experts and prosecutors to discuss the legal and procedural challenges for effective cross-border collaboration between the United States and Mexico , and to consider the prospects for improved law enforcement cooperation between the two countries.

Date: Thursday, December 2, 2004
Time: 8:00am-5:00pm followed by reception
Location: IPJ Theatre & Rotunda
PDF | Flash • Description
PDF | Flash • Agenda
PDF | Flash • Registration
PDF | Flash • TBI Brief on Prosecution & Extradition