Thursday, November 15, 2012

Second Circuit -- United States v. Siddiqui


Presumption against extraterritoriality doesn't apply to criminal offenses, and this type of offense (shooting Americans) is prone to occurrence outside the US, so extraterritorial application is OK. 

Even in active theatres of war. 

This includes firearms offenses.

Documents planning mass destruction are in to show motive.

Competence to stand trial means that the decision to testify is competently made, even over defense counsel objection.  (Limited to facts of case - judge did not err in allowing.)

Unmirandized & medicated statements in as voluntary.

Terrorism sentencing bump properly  made.

United States v. Siddiqui





Compiled by D.E. Frydrychowski, who is, not incidentally, not giving you legal advice.

Category tags above are sporadically maintained Do not rely. Do not rely. Do not rely.

Author's SSRN page here.