andrewducker: (Default)
andrewducker ([personal profile] andrewducker) wrote2009-07-31 11:25 am

Gary McKinnon

Can anyone explain to me, in nice simple English, why we shouldn't be extraditing a convicted hacker to the country where he commited the crime?  It really does seem like an open and shut case to me, and I'm baffled why some people seem to think it's wrong.

I'm clearly missing something - can someone explain it to me?

[identity profile] derumi.livejournal.com 2009-07-31 03:25 pm (UTC)(link)
Unless he's tried in a military court, the US military can't do too much against him. American military lawyers don't fare well against decent civilian lawyers, in my observation.

I thought prosecutorial threats of maximum punishment was a normal event in most modern countries? All the other points make sense to me; I wouldn't want McKinnon extradited if he can be tried under British criminal laws instead. Also, are we going to draft 12 British tourists to make up his jury of peers?

disclosure: I've had a military lawyer represent me once. It's better to go in debt and hire a civilian one.

[identity profile] meihua.livejournal.com 2009-07-31 03:42 pm (UTC)(link)
> I thought prosecutorial threats of maximum punishment
> was a normal event in most modern countries?

This is illegal in the United Kingdom.

[identity profile] derumi.livejournal.com 2009-07-31 03:49 pm (UTC)(link)
I see. That makes better sense than requiring a competent defender to make sure you get a fair punishment.

[identity profile] a-pawson.livejournal.com 2009-07-31 05:27 pm (UTC)(link)
It is not done in our legal system, but it is commonplace in many countries. And ity is not as though the prosecution get to decide the sentence. Following a guilty verdict, both sides are given an opportunity to petition the judge for an appropriate sentence, but the final decision rests with the judge, as it does in the UK.