Roman Polanski- No Justice Needed

**Andres** · 07-13-2010, 14:15

Playing the Devil's advocate.

Switzerland-US extradition treaty.

Didn't read all of it, but article 2, 1, paragraph 2 seems clear enough:

When the request to extradition relates to a person who has been convicted, extradition shall be granted only if the duration of the penalty or detention order, or their aggregate, still to be served amounts to at least six months.

I believe it was already said in this thread that Polanski was convicted to 90 days (less than 6 months, how did that scumbag get away with a sentence of only 90 days?) ?

Are there still charges against him for which there hasn't been a trial yet?

**TinCow** · 07-13-2010, 14:41

Originally Posted by Andres

I believe it was already said in this thread that Polanski was convicted to 90 days (less than 6 months, how did that scumbag get away with a sentence of only 90 days?) ?

Are there still charges against him for which there hasn't been a trial yet?

Polanski was never sentenced. The time he served in jail was for psychiatric evaluation prior to the trial. He was released after the evaluation was over but before the sentencing hearing. He heard a rumor that he was going to be given a long sentence (he expected only probation), so he fled the country. As of today, he has been convicted but hasn't had his sentencing hearing yet because he fled the country.

**Andres** · 07-13-2010, 15:23

Originally Posted by TinCow

Polanski was never sentenced. The time he served in jail was for psychiatric evaluation prior to the trial. He was released after the evaluation was over but before the sentencing hearing. He heard a rumor that he was going to be given a long sentence (he expected only probation), so he fled the country. As of today, he has been convicted but hasn't had his sentencing hearing yet because he fled the country.

Aha. I take it that the crimes he committed are punishable with deprivation of liberty for more than a year. Which means that, according to the treaty, Switzerland is obliged to extradite Mr. Polanski.

**rory_20_uk** · 07-13-2010, 15:30

But as yet as there is no current outstanding sentence they don't.

If the USA were to sentence him in absentia then they would have to extradite him.

**Lemur** · 07-13-2010, 15:31

Originally Posted by rory_20_uk

If the USA were to sentence him in absentia then they would have to extradite him.

Anybody have a clue as to why this hasn't happened? What is the impediment to sentencing Polanski?

**rory_20_uk** · 07-13-2010, 15:37

My guess would be: powerful friends.

**Andres** · 07-13-2010, 15:46

Originally Posted by Lemur

Anybody have a clue as to why this hasn't happened? What is the impediment to sentencing Polanski?

Well, article 7 of the treaty is vague enough to allow Switzerland to refuse the extradition in case of a sentencing "in absentia", if the US doesn't give enough "assurances" of the persons' rights of defense. So, not sentencing him in absentia, probably isn't a bad move.

Then again, the treaty is from 1990 and Polanski ran away in 1978, so it's not likely that said article of said treaty was the rationale behind not sentencing him in absentia.

However, the smart thing to do now, is not sentencing him in absentia, because then Switzerland has no legal grounds whatsoever to refuse the extradition.

**Andres** · 07-13-2010, 15:39

Originally Posted by rory_20_uk

But as yet as there is no current outstanding sentence they don't.

If the USA were to sentence him in absentia then they would have to extradite him.

He has been charged and (according to Wiki), the charges are still pending.

According to the treaty, the countries agreed to extradite persons who have been charged with an "extraditable offense" (=definition is in the next article; crimes that are punishable with jail time exceeding one year; I assume rape is such a crime). Being charged with is enough; it's not necessary to be sentenced already.

**TinCow** · 07-13-2010, 15:40

Originally Posted by Andres

Aha. I take it that the crimes he committed are punishable with deprivation of liberty for more than a year. Which means that, according to the treaty, Switzerland is obliged to extradite Mr. Polanski.

He can be sentenced to a maximum of 50 years.

**rory_20_uk** · 07-13-2010, 15:46

I stand corrected

**Hosakawa Tito** · 07-13-2010, 14:47

Polanski extradition rejected.

Mr. Polanski's lawyers have argued that the judge in charge of the case in 1977 assured them that the 42 days of detention their client had served in the psychiatric unit of a California jail was all the time he should expect to spend incarcerated. Instead, suspecting that he would receive a longer term at sentencing, Mr. Polanski fled the country.
In recent months, Mr. Polanski's lawyers asked a State Superior Court in Los Angeles to sentence Mr. Polanski in absentia, in order to determine whether he had in fact already served out his sentence. But the court denied the request as long as Mr. Polanski was a fugitive.

He did 42 days in a psychiatric unit, was let out on bail till his sentencing trial date and fled the country. Jumping bail is an additional offence, and in this case would be considered a felony.