Hilton v. Kerry, No. 13-2444 (1st Cir. 2014)Annotate this Case
The United States sought extradition of Alexander Hilton, a U.S. citizen, to face an attempted murder charge in Scotland. A magistrate judge found Hilton extraditable despite Hilton’s arguments that extradition would increase his risk of suicide and that trial under the Scottish jury system would violate his U.S. Constitutional rights because Scotland requires only a simple majority for conviction. Hilton subsequently sought habeas corpus relief seeking to block extradition. The district court denied relief. The First Circuit affirmed, holding that Defendant’s claim that his extradition would violate his right to due process because of his high risk of suicide and his claim that extradition would violate his constitutional rights because Scotland allows simple majority jury verdicts were both barred by the rule of non-inquiry, which precludes the judicial system from evaluating the fairness and humaneness of another country’s criminal justice system.