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The Itaewon Homicide Case 1997- Another twist in the Saga!
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augustine



Joined: 08 Sep 2012
Location: México

PostPosted: Fri Aug 16, 2013 2:30 am    Post subject: Reply with quote

OK, it's a rook; still the same game, though. However, I didn't say that it was upheld in court because of that. That's ridiculous. I simply said that it would be factor and that I don't think he'll be extradited.
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Died By Bear



Joined: 13 Jul 2010
Location: On the big lake they call Gitche Gumee

PostPosted: Fri Aug 16, 2013 4:18 am    Post subject: Reply with quote

young_clinton wrote:
Died By Bear wrote:


Not trolling, just lacking in brains.


Why is that so many people who contribute absolutely nothing to this site but insults are allowed to remain? In your case why didn't they delete the dupe. The complete dupe.



Say the bald creepy cracker from New Mexico
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CentralCali



Joined: 17 May 2007

PostPosted: Fri Aug 16, 2013 4:22 am    Post subject: Reply with quote

augustine wrote:
OK, it's a rook; still the same game, though. However, I didn't say that it was upheld in court because of that. That's ridiculous. I simply said that it would be factor and that I don't think he'll be extradited.


Only an insande person would believe such rubbish. If he's not extradited, then it will be for legal reasons, not your juvenile--and, frankly, simply stupid--imaginings of what kind of countries the US and the ROK are.
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augustine



Joined: 08 Sep 2012
Location: México

PostPosted: Fri Aug 16, 2013 4:54 am    Post subject: Reply with quote

CentralCali wrote:
augustine wrote:
OK, it's a rook; still the same game, though. However, I didn't say that it was upheld in court because of that. That's ridiculous. I simply said that it would be factor and that I don't think he'll be extradited.


Only an insande person would believe such rubbish. If he's not extradited, then it will be for legal reasons, not your juvenile--and, frankly, simply stupid--imaginings of what kind of countries the US and the ROK are.


Ugh, you aren't reading correctly. Of course if he avoided extradition it would most likely be due to legal reasons, and he seems to have a lot of legal recourse. But there are almost always large political factors that factor into the extradition process. You're just choosing to ignore that often rather important part of the process in order to harp on some little slight I made against Korea. That's juvenile.
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CentralCali



Joined: 17 May 2007

PostPosted: Fri Aug 16, 2013 5:13 am    Post subject: Reply with quote

^Lame troll.
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IPayInCash



Joined: 27 Jul 2013
Location: Away from all my board stalkers :)

PostPosted: Fri Aug 16, 2013 5:18 am    Post subject: Reply with quote

Wow... lots of personal atracks and flaming in this thread.
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augustine



Joined: 08 Sep 2012
Location: México

PostPosted: Fri Aug 16, 2013 6:24 am    Post subject: Reply with quote

So, now I'm a troll? Listen, CentralCali. I think you're an intelligent guy, especially when it comes to matters similar to this; but you don't seem to want to acknowledge the entirety of the highly politicized extradition process that exists amongst the various rigid-minded nation states in our world. It's usually not as simple as, "Hey, Korea, we're sending him back next week". I'm a little sick and just trying to take it easy and watch a movie with the ladyfriend right now but it's all on the internet for you. It's a bureaucratic, geopolitical process that can often affect the social and economic relations between countries. It's taken 16 years to get to this point, and didn't Korea change its statute of limitations law solely because of this case? What else needs to be said?

Quote:
The questions involved are often complex when the country from which suspects are to be extradited is a democratic country with a rule of law. Typically, in such countries, the final decision to extradite lies with the national executive (prime minister, president or equivalent). However, such countries typically allow extradition defendants recourse to the law, with multiple appeals. These may significantly slow down procedures. On the one hand, this may lead to unwarranted international difficulties, as the public, politicians and journalists from the requesting country will ask their executive to put pressure on the executive of the country from which extradition is to take place, while that executive may not in fact have the authority to deport the suspect or criminal on their own.
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Fri Aug 16, 2013 7:18 am    Post subject: Reply with quote

CentralCali wrote:
PatrickGHBusan wrote:
CentralCali wrote:
Uh, Pat; it does, actually. Korea is requesting someone currently in another country be removed from said other country by said country's government and returned to Korea to stand trial in Korea. That's what extradition is.


Sorry I meant extadition by the US of the American that is accused should he be in Korea.

I clearly did not say that well!!! Sorry.

So in clear: the guy committed a crime in Korea and is thus under Korean juristiction. If he was still in Korea, the US could not extradite him.

However, Cali said, Korean can extradite or ask to extradite him as the crime was commited on their soil.

Right?


Yep. And if an American commits a crime in the US and flees to another country, the US can still request extradition.


Exactly.
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tob55



Joined: 29 Apr 2007

PostPosted: Fri Aug 16, 2013 7:22 am    Post subject: Reply with quote

From a observer's point of view, the guy who is the primary suspect has been fighting extradition for a number of years now. He must be going through the process for some reason. Not throwing the guilty blanket on the guy yet, but if someone was innocent of a crime, and had enough evidence to prove their innocence, then why not just come back and defend yourself, unless there was something they wanted to hide? Someone once told me something I have remembered for a number of years, "if you're not guilty of what you have been accused of, then don't act like it."

The guy's actions speak way louder IMHO than his willingness to defend himself as an innocent party in the case.
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Wildbore



Joined: 17 Jun 2009

PostPosted: Fri Aug 16, 2013 8:27 am    Post subject: Reply with quote

tob55 wrote:
From a observer's point of view, the guy who is the primary suspect has been fighting extradition for a number of years now. He must be going through the process for some reason. Not throwing the guilty blanket on the guy yet, but if someone was innocent of a crime, and had enough evidence to prove their innocence, then why not just come back and defend yourself, unless there was something they wanted to hide? Someone once told me something I have remembered for a number of years, "if you're not guilty of what you have been accused of, then don't act like it."

The guy's actions speak way louder IMHO than his willingness to defend himself as an innocent party in the case.


HAHA

Maybe he did murder someone. So what? That means he should just throw all of his legal rights down the toilet like an idiot?

Anyways, the best reasons for going slowly through the process are obvious. The delays allow him to prepare a defense and spend his dwindling days in the US with his family, because he may ultimately be convicted and spend the rest of his life in a cell. Don't criticize the guy for using common sense.
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tob55



Joined: 29 Apr 2007

PostPosted: Fri Aug 16, 2013 8:32 am    Post subject: Reply with quote

Wildbore wrote:
tob55 wrote:
From a observer's point of view, the guy who is the primary suspect has been fighting extradition for a number of years now. He must be going through the process for some reason. Not throwing the guilty blanket on the guy yet, but if someone was innocent of a crime, and had enough evidence to prove their innocence, then why not just come back and defend yourself, unless there was something they wanted to hide? Someone once told me something I have remembered for a number of years, "if you're not guilty of what you have been accused of, then don't act like it."

The guy's actions speak way louder IMHO than his willingness to defend himself as an innocent party in the case.


HAHA

Maybe he did murder someone. So what? That means he should just throw all of his legal rights down the toilet like an idiot?

Anyways, the delays allow him to prepare a defense and spend his dwindling days in the US with his family, because he may ultimately be convicted and spend the rest of his life in a cell. Don't criticize the guy for using common sense.


Not criticizing the guy, anyone is going to use as much time as they want to do what they want regarding their guilt or innocence. BTW, you sound as if you believe I think he is guilty, not so. I truly believe that in the USA a person is innocent until found guilty, he has a right to base his actions on that personal liberty as a citizen of the USA. He may get railroaded by the Korean legal system out to make an example of him, so from his perspective the last 16 years are worth what he has done, so don't condemn an opinion just because you feel it doesn't go with your thinking.
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CentralCali



Joined: 17 May 2007

PostPosted: Fri Aug 16, 2013 9:16 am    Post subject: Reply with quote

You have to be joking. If you're accused of murder, especially as a foreign defendant (regardless of the country), would you happily head over to that country for trial if you're completely innocent? And let's not forget the people who automatically think that anyone accused of a crime is guilty. Yeah, let's come on over to Korea for a trial after you've been tarred in the press and media, to include a feature-length movie on the issue, and have no issues with that.
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dairyairy



Joined: 17 May 2012
Location: South Korea

PostPosted: Fri Aug 16, 2013 1:51 pm    Post subject: Reply with quote

More for the law school dropouts

Fighting extradition to another country doesn't make anyone automtically guilty. Smart defense lawyers drag these things out, wait for mistakes by the prosecutors or judges, and see what cards the prosecutors hold.

Requesting extradition doesn't mean that the local prosecutors are doing their jobs. They do know that there are long delays and this does buy them time and it makes them look like they're doing something about the case.

If a judge grants extradition that doesn't mean that the evidence presented is enough to convict in a courtroom. There are different burdens of proof involved and the evidence presented at an extradition hearing just has to meet minimum standards.

If everyone would watch more "Law & Order" you would all know these things. Laughing
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PatrickGHBusan



Joined: 24 Jun 2008
Location: Busan (1997-2008) Canada 2008 -

PostPosted: Sat Aug 17, 2013 3:58 am    Post subject: Reply with quote

Lets be clear here, guilty or not, the guy will of course appeal and exhaust every legal procedure at his disposal to avoid or delay what seems to be a nearly unavoidable extradition to Korea.

That is his right and he certainly cannot be faulted for it.
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hogwonguy1979



Joined: 22 Dec 2003
Location: the racoon den

PostPosted: Sat Aug 17, 2013 6:19 am    Post subject: Reply with quote

has anybody even heard how bad the Korean criminal justice system is here especially if you are a foreign defendant? You hear the stories about how a Korean will start a fight with a foreigner and the foreigner gets shafted all the time here and on other forums. Forget about any semblance of rights of the accused. Stories about coerced confessions, bungled police work abound. Think the conviction rate is around 90%

You wonder why the USFK says FU to the Koreans every time they want the SOFA revised? There is a reason why they resist.

If I was this guy guilty or not I'd be fighting an extradition all the way to the SCOTUS.
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