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I've received two emails from different individuals these past few days asking about Mr. Chapman not being sent to Mexico where he is on their most wanted list. For the sake of clarification, I will once and for all post what I've learned regarding the matter...
Although Mexican officials are incensed by Chapman's actions, ironically, the circumstances that allowed Mexico to hold Chapman in the first place also prevents the United States from extraditing him back to Mexico.
The United States extradition treaty with Mexico includes a standard called 'dual-illegality' clause. Such a feature is typical in extradition treaties. Dual-illegality clauses limit extraditable offenses to those which are both criminal and punishable by at least one year in prison in both countries. Because bounty hunting is not considered an illegal activity in the United States, Chapman remains free and non-extraditable so long as he remains within the borders of the United States. If he ventures outside of our borders, he can and probably will be arrested and extradited.
My problem with it all has been, and continues to be... Chapman and his entourage are charged with 'deprivation of liberty' (our equivalent of kidnapping) and 'criminal association' in the Jalisco court in Mexico. Since both countries recognize the kidnapping type crime, why isn't Chapman extradited on that? After all, its what he's charged with. Also, bounty hunting isn't recognized in Mexico... well, Mr. Chapman wasn't bounty hunting when he attempted to kidnap Mr. Luster. Chapman was acting in the capacity of a vigilante; even Judge Brodie in a California court said as much.
Mexican law even forbids the notion of life sentences or trials in absentia. Mexico will not grant extradition to any country or state seeking to impose a sentence of life imprisonment upon the accused; neither will Mexico allow extradition in cases in which the alleged perpetrator was convicted in his or her absence from the court proceedings.
This is a far different situation than in, let's say, the Dominican Republic. The DR is more cooperative in exporting their nationales for prosecution in the United States provided the accused is not 'connected', if you get my drift. The problem is the extradition process has to be monitored every step of the way or the case seems to dissipate with time. Also in the DR, as in most economically strapped countries, the US dollar works wonders in getting the job done.
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Lance Allen Wilkinson
Recoveries by L.A.W.
Serving since 1984
“What is sought is found... what is overlooked escapes” (Oedipus Rex)
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