Ker v. Illinois
|Ker v. Illinois|
|Decided December 6, 1886|
|Full case name||Frederick Ker v. People of the State of Illinois|
|Citations||119 U.S. 436 (more)
7 S.Ct. 225; 30 L.Ed. 421
|Prior history||Writ of Error to the Supreme Court of the State of Illinois|
|There is no language in the 1870 Treaty of Extradition between the U.S. and Peru, which says in terms that a party fleeing from the U.S. to escape punishment for crime becomes thereby entitled to an asylum in the country to which Ker has fled.|
|Majority||Miller, joined by unanimous|
Ker v. Illinois, 119 U.S. 436 (1886), is a U.S. Supreme Court case. It held that a fugitive kidnapped from abroad could not claim any violation of the Constitution, laws or treaties of the United States.
The incident that led to this decision involved with a Pinkerton Detective Agency agent, Henry Julian, was hired by the federal government to collect a larcenist, Frederick Ker, who had fled to Peru. Although Julian had the necessary extradition papers—the two governments had negotiated an extradition treaty a decade earlier—he found that there was no official to meet his request due to the recent Chilean military occupation of Lima. Rather than return home empty-handed, Julian kidnapped the fugitive, with assistance from Chilean forces, and placed him on a U.S. vessel heading back to the United States.
- List of United States Supreme Court cases, volume 119
- Ker-Frisbie Doctrine
- United States v. Rauscher, 119 U.S. 407 (1886)
- Frisbie v. Collins, 342 U.S. 519 (1952)
- United States v. Verdugo-Urquidez, 494 U.S. 259 (1990)
- United States v. Alvarez-Machain, 504 U.S. 655 (1992)
- Fairman, Charles (1953). "Ker v. Illinois Revisited". American Journal of International Law. 47 (4): 678–686. doi:10.2307/2194916.
- Preuss, Lawrence (1935). "Kidnaping of Fugitives from Justice on Foreign Territory". American Journal of International Law. 29 (3): 502–507. JSTOR 2190429.
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- Text of Ker v. Illinois, 119 U.S. 436 (1886) is available from: Findlaw Justia
- Summary of case from OYEZ
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