IS MEXICO A HAVEN FOR AMERICA’S VIOLENT CRIMINALS?
THE NATIONAL DISTRICT ATTORNEYS ASSOCIATION RESOLVES TO FIGHT FOR EXTRADITION AND PROSECUTION OF VIOLENT CRIMINALS WHO FLEE TO MEXICO
ALEXANDRIA, VA – August 2, 2005 – The National District Attorneys Association (NDAA) believes that it has a duty to protect American citizens from violent criminals who commit heinous offenses and then flee to Mexico to avoid arrest. NDAA further believes that it is of paramount importance for these violent criminals to be extradited and prosecuted in America.
The NDAA, at its recent Board of Directors Meeting, passed a resolution that opposes the adoption of H.R. 2363, the “Peace Officer Justice Act” (the Act.) This Act makes the murder of any federal, state or local peace officer a federal crime. It would punish only those who murder law enforcement officers and then become fugitives, by fleeing the United States, to avoid prosecution that would likely result in life imprisonment without parole or the death penalty in a state prison. The current Extradition Treaty between the United States and Mexico provides either party with discretion to refuse extradition if the death penalty is being sought. No discretion is given if the sentence being sought is a life sentence without the possibility of parole. However, in 2001, the Mexican Supreme Court made a decision that life imprisonment is cruel and unusual punishment and now requires that the United States provide assurances that life imprisonment not be imposed – in order to grant extradition. This finding is a breach of the current Extradition Treaty. The Act would result in a term of year's sentence (60 years).
Additionally, the Act would require proof that criminals intentionally fled to Mexico specifically to avoid prosecution and punishment in America. This requirement is not currently mandatory for state prosecutions.
Paul A. Logli, President of NDAA and State’s Attorney for Winnebago County, IL said, “States seek the ability to negotiate with Mexican officials and secure extradition of criminals who are cop killers. There have been successful state negotiations with Mexico where the fugitives were extradited based on a guarantee of a maximum sentence of life with consideration of parole – which could be far longer than 60 years – the maximum sentence under this Act. This Act federalizes the murders of all peace officers, including state and local law enforcement officers. Most murders in America are committed, investigated and prosecuted by local law enforcement agencies and local prosecutors. As state and local prosecutors, we don’t want to be stripped of our ability to hold criminals accountable for killing our law enforcement officers.”
Logli continued, “H.R. 2363 weakens current U.S. law and ties the hands of state and local prosecutors to hold those extradited from serving the longest sentence possible. It also does not include extradition of those criminals who kill people other than peace officers. We want there to be justice for all. The NDAA firmly believes that the current Extradition Treaty with Mexico should either be enforced or renegotiated. This Act, flies in the face of justice and accountability for those fugitives who flee to Mexico knowing that they actually may get away with murder – and live a life of freedom.”
CONTACT: Velva M. Walter
Director Media Relations for NDAA
703-519-1689 – Email: velva.walter@ndaa-apri.org
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