Rule of Specialty—Jamaica

The sentencing phase in the trial of Junious C. Morgan, a Jamaican man, has been delayed as questions about his extradition agreement came up in Jackson, Mississippi.^[1] Mr. Morgan’s trial for drug and money-laundering charges began in 1986, and he left the country for his native Jamaica before learning he was convicted.^[2] He was arrested there and was sent back to the United States under the terms of an extradition agreement that was apparently limited to only one of the terms of his indictment.^[3] Mr. Morgan spent some time in jail in the United States and then was deported back to Jamaica.^[4] This May, he re-entered the United States and, after being arrested for having a fake ID, prosecutors attempted to have him sentenced for the remaining 15 charges of the original indictment, saying that Mr. Morgan voided the extradition agreement by re-entering the country.^[5]

The rule of specialty is the concept at issue in this case. The treaty between the United States and Jamaica contains a specialty provision which states that a person “extradited under this Treaty may only be detained, tried or punished in the Requesting State [the United States] for the offence for which extradition is granted.”^[6] However, there seems to be an exception for a person who leaves the Requesting State after his extradition, but returns to it voluntarily.^[7]

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[1] Sentencing Delayed for Man Who Fled Jackson 19 Years Ago, Associated Press, Sept. 16, 2005, available here.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Extradition Treaty, Jun. 14, 1983, U.S.-Jam., art. XIV, para. 1, S. Treaty Doc. No. 98-18 (1991)
[7] Id. art. XIV, para. 1, sec. (d)(i).