Male captus bene detentus

Male captus, bene detentus (wrongly captured, properly detained) is a controversial legal doctrine, according to which the fact that a person may have been wrongly or unfairly arrested, will not prejudice a rightful detention or trial under due process.

There is state practice in support of the doctrine,[1][2][3][4] as well as contrary state practice.[5][6][7][8][9] In one of its cases the U.S. Supreme Court held that where a person from another country is apprehended by irregular means, the right to set up as defense the unlawful manner by which he was brought to a court belongs "to the Government from whose territory he was wrongfully taken".[10]


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