Why does the UK tolerate a one-sided extradition treaty with the US?

[xoggoth]

Here is the key difference, an extra clause for extradition to the US but not the other way. Knowing how the law works on both side of the Atlantic, How is this reciprocal in theory or practice?

3(c):
In addition to the requirements in paragraph 2 of this Article, a
request for extradition of a person who is sought for prosecution
shall be supported by:
(a) a copy of the warrant or order of arrest issued by a judge or other
competent authority;
(b) a copy of the charging document, if any; and
(c) for requests to the United States, such information as would
provide a reasonable basis to believe that the person sought
committed the offense for which extradition is requested.54

It is true that the US has generally provided evidence for reasonable basis even though not required to so do and there has been fair recipricocity in practice. However, it seems dangerous to rely on goodwill where the law is concerned. We saw the reluctance of the US to extradite the IRA a decade or two back and things only changed when it suited them in the wake of 9/11.

http://cardozolawreview.com/PastIssu...goldberger.pdf

Here is another "argument" in that paper. Does that reassure you? It shouldn't.

C. The Nature of America –British Relations Lessens the Need For Strict Reciprocity
The United States and the United Kingdom share an enduring bond that is unique among Western nations.157

[xoggoth]

Both the U.S.-U.K and U.S.-E.U. treaties broaden the range of extraditable offenses by requiring extradition for all offenses punishable in both therequesting and requested state by more than one year in prison

How is this being used to extradite Richard O'Dwyer who has committed no crime in the UK?

Plainly there must be some revision somewhere, but the danger in the Dwyer case is plain. It is large corporates who are driving the prosecution against an individual of limited resources. Do you really imagine that the interests driving the SOPA and PIPA laws through Congress are going to stayed by concerns about UK/US friendship into providing evidence they don't have to?

[darmstadt]

More fat for the fire:

Extradition from the UK to US The process begins when a US prosecutor obtains an arrest warrant with the approval of the domestic courts.
In England and Wales, the Crown Prosecution Service acts on behalf of the US in taking the case through the courts.
Once the police have arrested the suspect, the courts must decide whether or not the US has met the tests required for an extradition to take place. This is a fairly technical hearing in which the lawfulness of the request is examined.
The US does not need to provide all the evidence in a case, as if the allegations were being tested in a full trial by British judges.
What this comes down to is proving to the courts that there is reasonable suspicion - essentially the hurdle police need to jump to justify an arrest - but obviously short of what is necessary to get a conviction.

24 Britons had so far been extradited for trial in the States, while only one American citizen had been forced to stand trial in the UK.

Since 2003, the US has made roughly twice as many extradition requests to the UK as vice versa. However, a defendant resisting a US request in a UK court is statistically more likely to win his case than a defendant resisting a UK request in a US court.

Year UK arrests for extradition to US UK surrenders to US US surrenders to UK
2006 15 16 4
2007 8 8 7
2008 9 6 10
2009 19 16 7
2010 14 10 5

[BrilloPad]

Year UK arrests for extradition to US UK surrenders to US US surrenders to UK
2006 15 16 4
2007 8 8 7
2008 9 6 10
2009 19 16 7
2010 14 10 5

And of course the US population is about 5 times that of the UK.

[Scoobos]

"Special Relationship" was invented by churchill, i think - and I think he probably meant it sincerely.

America say they have a "special relationship" with every country they meet . I've personally seen US presidents (Obama and Bush) say they have special relationships with Peru, Canada, Mexico, Isreal, Korea, Australia - whilst travelling around and watching TV.

The US scare me sometimes, especially when it comes to defending capitalist economics.

I don't really understand how this lad listing LINKS has resulted in our government handing him over to be made an example of. He hasn't even commited a crime in my view.

[BrilloPad]

"Special Relationship" was invented by churchill, i think - and I think he probably meant it sincerely.

America say they have a "special relationship" with every country they meet . I've personally seen US presidents (Obama and Bush) say they have special relationships with Peru, Canada, Mexico, Isreal, Korea, Australia - whilst travelling around and watching TV.

The US scare me sometimes, especially when it comes to defending capitalist economics.

I don't really understand how this lad listing LINKS has resulted in our government handing him over to be made an example of. He hasn't even commited a crime in my view.

Political quotes by Winston Churchill

When President Roosevelt wheeled (in his wheelchair) into the guest bathroom to find a naked Churchill emerging from his bath, Churchill said unashamedly: "The Prime Minister has nothing to hide from the President of the United States."

Sounds like a very special relationship.

[Zoiderman]

I like to think we have more pressing issues with Assange, despite being a cockknobber of the highest order, being sent on a EAW from someone who simply wants to question him on buying a girl a drink and indulging in some bed shaking. The fact you can be had for rape for coercing a girl into bed, after the fact of consensual sex, because she thinks she didn't actually want to have sex with you after all, will send me to Asia hiding for my college years alone...

Worrying times ahead if they can get that tulip through

[BrilloPad]

Worrying times ahead if they can get that tulip through

One needs consent before one can wolf whistle a lady these days - potentially unrequested sexual contact. Though oddly women seem to get more upset when they don't get wolf whistled anymore.

[sasguru]

..... will send me to Asia hiding for my college years alone...

Worrying times ahead if they can get that tulip through

I don't think they're worried about the furious winking you indulged in in your college years.
HTH

[Scoobos]

Political quotes by Winston Churchill

When President Roosevelt wheeled (in his wheelchair) into the guest bathroom to find a naked Churchill emerging from his bath, Churchill said unashamedly: "The Prime Minister has nothing to hide from the President of the United States."

Sounds like a very special relationship.

Brilliant !