Criminal Justice Systems

Question 1
Answer the following questions based on case 1 below.
Case 1
A U.S. District Court magistrate judge, VanDervort, Friday refrained from issuing a ruling in what
he described as a “simply extraordinary” extradition case — that of George Exoo, the former
Beckley Unitarian minister sought by Irish authorities for his alleged assistance in the suicide of
an Irish woman in Ireland five years ago. VanDervort took under consideration lengthy
arguments by both Weis and Assistant U.S. Attorney Philip Wright at the three-hour hearing.
Wright pressed his case by asserting that a simple majority of states in America must have laws
that would prohibit assisted suicide, in one form or another, in order for Exoo, a U.S. citizen, to
be extradited to Ireland. A total of 42 states, Wright claimed, have laws that would result in
Exoo’s actions constituting a crime. Wright noted the tally includes “a preponderance of the
states” and that Weis’ reference to solely federal law in determining extradition eligibility “would
be pointless.” Weis countered that treaties apply to the “laws of the contracting parties” — in this
case, Ireland and the United States, which have enjoyed an extradition treaty between them
since 1983. Weis added his client did not supply any of the material for Rosemary Toole’s
suicide. “She did it all herself,” he said. “Committing suicide is not a crime. Aiding and abetting
something that’s not a crime is not a crime. It is clear that Ms. Toole wanted to die. She already
knew how to do it. She had tried before. The most he (Exoo) did was aid. He did not cause.”
Weis cited adultery and homosexuality as examples of activities that were once proscribed by
Western societies but are now outside the purview of the law. He cited assisted suicide as
another example of an activity in the midst of such a transition. “(The treaty) should be
interpreted broadly to maximize the intent of the parties,” Wright argued. “We’re talking here
about probable cause, not beyond a reasonable doubt. Mr. Exoo goes by the title of ‘final-exit
counselor.’ There’s an industry for these people, your honor. The fact that they don’t advertise in
The New York Times or the Yellow Pages shows how controversial the subject is.”
Q1A. Based on what principle(s) can the Irish authorities claim jurisdiction over this
case?***Answer can be found in Module 2 in the attachments
Q1B. Based on what principle(s) can the U.S. authorities claim jurisdiction over this
case?***Answer can be found in Module 2 in the attachments
Q1C. Identify and discuss three main substantive issues surrounding this extradition
case.***Answer can be found in Module 2 in the attachments
Q1D. Why is “double criminality” important in this case? ***Answer can be found in Module 2 in
the attachments
Question 2
Answer the following questions based on cases 2.
Case 2
In 2002, Winona Ryder was convicted of shoplifting after she was caught on camera stealing
$6,000 worth of clothing from Saks Fifth Avenue in Beverly Hills. She was later sentenced to
three-year probation and 480 hours of community service.
Q2A. List two main punishment philosophies embodied in case 2. Explain in 2 main
characteristics of each of the 2 punishment philosophies you identified in this case. ***Answer
can be found in Module 3 in the attachments
Q2B. If the day-fine system were available in the U.S., how would Ryder’s sentence be
assessed? Discuss 2 benefits and 2 drawbacks of the day-fine system within the context of the
Ryder case. ***Answer can be found in Reference Module 3 in the attachments
Q2C: If Ryder were tried in a Shari’ah Court (see link below), what punishment would she most
likely receive? Provide 2 justifications for this punishment. ***Answer can be found in the link
below.
Link:

Q2D. If Ryder were a Japanese actress and committed the same crime, discuss and explain 2
major factors a Japanese judge would take into consideration when meting out the sentence.