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Comment by Daido_M

Sorry but I'm struggling to understand how, if we assume that: 1. "Country A is a close ally to Country B and has identical punishments for the crime Alice has committed [...] She will receive identical sentencing", we can also assume that: 2. "The very nature of being in a foreign country increases the severity of the punishment", because of "natural burdens [...] such as access to lawyers, access to family"?

Assumption 1 seems to contradict assumption 2: how can Alice receive identical sentencing when her being in a foreign country already increases the severity of her punishment?

Further, I disagree with assumption 2 in itself because: 1. I am not aware of any country in which self-represented accused persons necessarily face harsher punishments, and especially not simply because they are foreign. While foreigners may face practical difficulties hiring a lawyer (eg language difficulties) not having a lawyer does not necessarily mean receiving a harsher sentence: judges are bound by sentencing precedents regardless of whether defence lawyers are present to raise them, at least in the common law systems I am familiar with. 2. Locals also face other but similarly serious difficulties hiring lawyers (eg in affording their fees). 3. Having a lawyer does not not guarantee a more lenient sentence. Even less access to family.

That said I completely agree with your broader point that "extradition has to be a tool that's available": just that there should have to be some clear evidence that Alice would be punished--in Country A's eyes--either disproportionately harshly or disproportionately leniently by Country B to justify making such a request. Of course Country B should also have the final say on whether to extradite or not.

parent Daido_M 1 year ago

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