When Study Abroad Goes Wrong

A few days ago, Giuliano Mignini was sentenced to 16 months in prison for abusing his powers with unauthorized phone taps during the serial killings that occurred in and around Florence, Italy for nearly two decades between 1968 and 1985. Mr. Mignini was the chief prosecutor in the trial that convicted US study abroad student Amanda Knox to 26 years in prison for the murder of her British roommate Meredith Kercher. Knox’s family and many other critics who believe Amanda is innocent, have strongly criticized Italy’s legal system and methods used during the prosecution. Ironically, Giuliano’s now own prosecution should help with the upcoming Knox appeal.

The death of Meredith Kercher, and the 26-year prison sentence of Amanda Knox, sends chills through study abroad students and advisors around the world. Unfortunately, this horrible incident also grew prey to the media’s hunger for a juicy story, stereotypes about American women, and tensions that exist between nations. We will never know what really happened that night, but we’re all aware of and saddened by the consequences. As visitors to a foreign country, we must always remember that we are subject to the laws of that country, and its legal system, as well as its stereotypes and corruption. This is a risk we take. 

Between October 1, 2002 and June 30, 2009, the US Department of State reported 5,169 non-natural deaths abroad. Not surprisingly, the number one cause was automobile accidents. What took me by surprise was the number two cause of death…homicide.  Still, comparing these numbers to the total number of US citizens who travel abroad, they are incredibly small. While I couldn’t find any statistics about the total number of Americans who travel abroad, about 25% own passports. If owning a passport is any indication of travel abroad, this would translate into about 76 million Americans.

Department of State Data
1. Vehicle Accident (Auto) 1256
2. Homicide 858
3. Other Accident 652
4. Drowning 649
5. Suicide 647
6. Terrorist Action 246
7. Vehicle Accident (Motorcycle) 208
8. Air Accident 185
9. Drug-Related 156
10. Vehicle Accident (Pedestrian) 90
11. Vehicle Accident (Bus) 61
12. Maritime Accident 53
13. Vehicle Accident (Other) 42
14. Disaster 29
15. Train Accident 14
16. Execution 13
17. Vehicle Accident (Train) 8
18. Unknown 1
19. Under Investigation 1

Each year, more than 2500 Americans are arrested in another country. About 30% of these arrests are drug-related (both guilty and innocent). This is why it is very important to educate yourself about the local laws and customs of foreign countries before you study abroad. You cannot expect the same protections: trial by jury, right to legal representation, release through bail, or innocence until proven guilty. There is also very little that the US government can do to help. No magic wands, no special deals, no signing on the dotted line and you’re out.

If you’re arrested, you can expect a visit from a US consular officer. He/she can notify your family or friends, give you a list of attorneys, and help you obtain legal representation, among other things. You can also expect the officer to intercede with local authorities to help assure your rights under the country’s legal system, by protesting abuse to the authorities in line with internationally accepted standards. The officer cannot demand your release, represent you in a trial, give you legal advice, or pay your legal fees.

You don’t have to do something really bad to break the law and go to jail. Students have been arrested for carrying medications that are considered illegal narcotics; for inadvertently trying to make a purchase on a credit card that will exceed the limit; for taking photographs of a government, police, or military building; for purchasing or trying to leave the country with souvenirs that customs authorities believe are national treasures; for carrying a package for someone, which unknowingly contains illegal drugs; for participating in demonstrations or strikes, and more. Don’t make assumptions when it comes to the law! Learn about it before you go abroad.

::Assistance to US Citizens Arrested Abroad

::International Constitutional Law Country Index

::International Judicial Assistance

::International Law Library of Congress

::World Legal Information Institute

Submitted by Wendy Williamson, Director of Study Abroad, Eastern Illinois University