Does Dual Italian-American Citizenship affect a US Indictment?
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I want reference for a novel I'm writing. If someone has dual Italian-American citizenship, would it affect them having charges filed against them, in the US? The character lives in the US most of the time, and is (wrongly) charged with murder. Would the Italian citizenship affect the charges or how the charges were handled?
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Answer:
The US does not care if you or anyone else has dual citizenship. If you are in the US they will treat you as if you did not have any other citizenship. So neither the charges nor how the charges were handled would be affected.
Christin... at Yahoo! Answers Visit the source
Other answers
I'm with Docar (cool photo, Doc) ... If anyone is charged with a crime in the USA, the citizenship is irrelevant. Crime is reason enough to put the habeas grabass on someone and prosecute them, especially a capital offense like murder. What might be interesting is the decision to indict or not, if the suspect is outside the jurisdiction of the USA. With today's technology, tracking the individual shouldn't be difficult, and the outcome favors the authorities. Where I've heard extradition is problematical is if the person seeks asylum in a country with no death penalty, like Canada. Remember that gang banger who killed a lot of people (Sacramento?) and fled to Canada? The Canadians hesitated a long time before letting the guy go through extradition.
going_for_baroque
I can't tell you about US laws, but, if this could be useful for your novel, be aware a person (regardless of his/her citizenship) would never be extradite from Italy to a Country where he/she risk to be persecuted or discriminated because of one's own race, sex, nationality, langauge, political opinion, religious belief, personal or social habits or anyway for any reason risk death penalty: it is strictly forbidden by Italian Constitution; the last (risk of death penalty) apply to the US, so be careful your plot do not imply the character being extradite from Italy to the US, if he risk death penalty, if you want your novel to be consistent with real life.
Pinguino
Under international law, The Italian authorities cannot intervene in this situation, since he/she is a US citizen living in US, unless he/she gives up US citizenship. same applies in Italy, the US government cannot help an American/Italian citizen living in Italy, unless he/she gives up Italian citizenship.
Rory M
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