The "Fugitive Disentitlement" Doctrine Warrants a Close Look by the United States Supreme Court

In the last few weeks, the U.S. Supreme Court declined an opportunity to examine an area of significant controversy affecting non-U.S. citizens who have been charged with crimes. The controversy is whether non-U.S. citizens should be allowed to seek the dismissal of criminal charges if they do not physically surrender themselves in the United States to law enforcement authorities. The doctrine poses a number of difficult and thought-provoking problems of fairness that have not been settled by the lower courts in the United States and that will continue to affect corporate officers, lawyers, and other professionals charged by the United States with committing an extraterritorial crime. It is an issue that is worthy of Supreme Court review.

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