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词条 Ker v. Illinois
释义

  1. See also

  2. Further reading

  3. External links

{{Infobox SCOTUS case
| Litigants = Ker v. Illinois
| ArgueDate =
| ArgueYear =
| DecideDate = December 6
| DecideYear = 1886
| FullName = Frederick Ker v. People of the State of Illinois
| USVol = 119
| USPage = 436
| ParallelCitations = 7 S. Ct. 225; 30 L. Ed. 421; 1886 U.S. LEXIS 2007
| Prior = Writ of Error to the Supreme Court of the State of Illinois
| Subsequent =
| Holding = There is no language in the 1870 Treaty of Extradition between the U.S. and Peru, which says in terms that a party fleeing from the U.S. to escape punishment for crime becomes thereby entitled to an asylum in the country to which Ker has fled.
| SCOTUS = 1882-1887
| Majority = Miller
| JoinMajority = unanimous
| LawsApplied =
}}

Ker v. Illinois, 119 U.S. 436 (1886), is a U.S. Supreme Court case. It held that a fugitive kidnapped from abroad could not claim any violation of the Constitution, laws or treaties of the United States.

The incident that led to this decision involved a Pinkerton Detective Agency agent, Henry Julian, was hired by the federal government to collect a larcenist, Frederick Ker, who had fled to Peru. Although Julian had the necessary extradition papers—the two governments had negotiated an extradition treaty a decade earlier—he found that there was no official to meet his request due to the recent Chilean military occupation of Lima. Rather than return home empty-handed, Julian kidnapped the fugitive, with assistance from Chilean forces, and placed him on a U.S. vessel heading back to the United States.

See also

  • List of United States Supreme Court cases, volume 119
  • Ker-Frisbie Doctrine
  • United States v. Rauscher, {{ussc|119|407|1886}}
  • Frisbie v. Collins, {{ussc|342|519|1952}}
  • United States v. Verdugo-Urquidez, {{ussc|494|259|1990}}
  • United States v. Alvarez-Machain, {{ussc|504|655|1992}}

Further reading

  • {{ cite journal | last = Fairman | first = Charles | year = 1953 | title = Ker v. Illinois Revisited | journal = American Journal of International Law | volume = 47 | issue = 4 | pages = 678–686 | doi = 10.2307/2194916 }}
  • {{ cite journal | last = Preuss | first = Lawrence | year = 1935 |title=Kidnaping of Fugitives from Justice on Foreign Territory | journal = American Journal of International Law | volume = 29 | issue = 3 | pages = 502–507 |doi= | jstor = 2190429 }}

External links

  • {{wikisource-inline|Ker v. People of the State of Illinois}}
  • {{caselaw source

| case=Ker v. Illinois, {{ussc|119|436|1886|el=no}}
| courtlistener =https://www.courtlistener.com/opinion/91772/ker-v-illinois/
| findlaw=https://caselaw.findlaw.com/us-supreme-court/119/436.html
| googlescholar = https://scholar.google.com/scholar_case?case=4222245513236373620
| justia=http://supreme.justia.com/us/119/436/case.html
| loc =http://cdn.loc.gov/service/ll/usrep/usrep119/usrep119436/usrep119436.pdf
}}
  • [https://www.oyez.org/cases/1960-1969/1962/1962_53= Summary of case from OYEZ]
{{SCOTUS-case-stub}}

8 : Pinkerton National Detective Agency|United States Supreme Court cases|United States Supreme Court cases of the Waite Court|Criminal cases in the Waite Court|Extradition case law|1886 in United States case law|United States criminal investigation case law|Peru–United States relations

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