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 |
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Page 1
... prisoners from American jails to jails in their homelands . While prior laws have implemented extradition treaties , never before have we attempted to provide for imprisonment , probation , and parole of Americans in this country as the ...
... prisoners from American jails to jails in their homelands . While prior laws have implemented extradition treaties , never before have we attempted to provide for imprisonment , probation , and parole of Americans in this country as the ...
Page 2
... prisoner exchange . First , it provides for the actual transfer of prisoners in accordance with directives by the Attorney General . Second , it pro- vides that such transfers can only occur with the consent of all con- cerned . Third ...
... prisoner exchange . First , it provides for the actual transfer of prisoners in accordance with directives by the Attorney General . Second , it pro- vides that such transfers can only occur with the consent of all con- cerned . Third ...
Page 3
... prisoner exchange treaties could go a long way toward alleviating many of the personal problems of these prisoners , especially as it affects our citizens , mostly young and im- pressionable . It will also serve to demonstrate that we ...
... prisoner exchange treaties could go a long way toward alleviating many of the personal problems of these prisoners , especially as it affects our citizens , mostly young and im- pressionable . It will also serve to demonstrate that we ...
Page 24
... Prisoners transferred to or from foreign countries ( a ) When a treaty is in effect between the United 17 States and ... prisoner belonging to its 22 1 Armed Forces who is confined by order of 24.
... Prisoners transferred to or from foreign countries ( a ) When a treaty is in effect between the United 17 States and ... prisoner belonging to its 22 1 Armed Forces who is confined by order of 24.
Page 27
... prisoners would be transferred but not automatically paroled . They would be subject to the criteria and the standards as any other prisoner is in our system in being paroled , and that would be deter- mined by the many factors involved ...
... prisoners would be transferred but not automatically paroled . They would be subject to the criteria and the standards as any other prisoner is in our system in being paroled , and that would be deter- mined by the many factors involved ...
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Common terms and phrases
ABBELL amended American prisoners appeal applicable arrest Article Attorney authorities Bassiouni bill Canada Canadian treaty Chairman challenge CHRISTOPHER citizen or national cocaine Committee consent to transfer constitutional constitutionality consular officer convicted and sentenced conviction or sentence counsel crime criminal justice custody decision Department EILBERG eligible for parole enforcement Execution of Penal extradition federal ferred FLAHERTY foreign conviction foreign country habeas corpus immigration implementing legislation imprisonment incarcerated individual institution issue JOSHUA EILBERG judicial judicial review jurisdiction juvenile laws Marihuana ment mentally ill Mexican treaty modify or set offender transferred Parole Commission Penal Sentences person prisoner transfer Probation Officer problems procedures pursuant question Receiving released on parole request Senate sentence imposed serve subcommittee supervision Supreme Court tence tion transfer of offenders transfer treaty transferred offender transferred prisoners U.S. citizens U.S. Constitution U.S. courts United Mexican United States Code verifying officer violation waive waiver
Popular passages
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 236 - To the Senate of the United States : With a view to receiving the advice and consent of the Senate to ratification...
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...