Implementation of Treaties for the Transfer of Offenders to Or from Foreign Countries: Hearings Before the Subcommittee on Immigration, Citizenship, and International Law of the Committee on the Judiciary, House of Representatives, Ninety-fifth Congress, First Session, on H.R. 7148 ... September 16 and October 6, 1977
United States. Congress. House. Committee on the Judiciary. Subcommittee on Immigration, Citizenship, and International Law
U.S. Government Printing Office, 1977 - Americans - 302 pages
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accordance action amended American Answer appeal applicable appropriate arrest Attorney authorities basis bill Canada Chairman challenge citizen Commission committed Committee completion concern confinement Congress consent considered constitutional consular officer conviction counsel court crime criminal custody decision Department determine effect EILBERG eligible enforcement execution extradition fact federal foreign country give given habeas corpus hearing held implementing legislation imposed imprisonment individual institution International involved issue jails judgment judicial jurisdiction Justice laws LIBRARY limited matter means Mexican Mexico months offender offender's parole Party penal person possible present prior prisoners probation problems procedures proceedings proposed question reason Receiving record regard relating release request respect result rules Secretary seeking Senate sentence serve situation specific supervision tion transfer transferred offender treaty United verifying violation waiver Yes Yes Yes
Page 117 - These guidelines indicate the customary range of time to be served before release for various combinations of offense (severity) and offender (parole prognosis) characteristics.
Page 272 - President forthwith to demand of that government the reasons of such imprisonment; and if it appears to be wrongful and in violation of the rights of American citizenship, the President shall forthwith demand the release of such citizen and if the release so demanded is unreasonably delayed or refused, the President shall use such means, not amounting to acts of war, as he may think necessary and proper to obtain or effectuate the release; and all the facts and proceedings relative thereto shall...
Page 278 - The treaty power, as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States. It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the government or in that of one of the States, or a cession of any portion of the territory...
Page 251 - Convention shall be subject to ratification and shall enter into force on the thirtieth day following the exchange of instruments of ratification, which shall take place in Washington as soon as possible.
Page 276 - Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided.
Page 242 - Agreement shall come into force thirty days after the exchange of ratifications and shall remain in force for a period of three years.
Page 232 - The supremacy of law demands that there shall be opportunity to have some court decide whether an erroneous rule of law was applied and whether the proceeding in which facts were adjudicated was conducted regularly.
Page 250 - State. (2) Except as otherwise provided in this Treaty, the completion of a transferred offender's sentence shall be carried out according to the laws and procedures of the Receiving State, including the application of any provisions for reduction of the term of confinement by parole, conditional release or otherwise.
Page 301 - The said authorities shall inform the person concerned without delay of his rights under this sub-paragraph; (c) consular officers shall have the right to visit a national of the sending State who is in prison, custody, or detention, to converse and correspond with him and to arrange for his legal representation. They shall also have the right to visit any national of the sending State who is in prison, custody or detention in their district in pursuance of a judgment. Nevertheless, consular officers...