NCJ Number
47687
Journal
Corrections Magazine Volume: 4 Issue: 2 Dated: (JUNE 1978) Pages: 3-8,12-16
Date Published
1978
Length
11 pages
Annotation
AN EXAMINATION IS UNDERTAKEN OF THE EVENTS SURROUNDING THE RECENT PRISONER EXCHANGE BETWEEN THE U.S. AND MEXICO.
Abstract
THE EVENTS THAT LED TO THE TRANSFER OF 280 AMERICAN NATIONALS FROM VARIOUS PRISONS IN MEXICO TO THE FEDERAL BUREAU OF PRISONS IN THE U.S. ARE DISCUSSED. ATTENTION IS PAID TO THE DIPLOMATIC EFFORTS OF THE STATE DEPARTMENT AND MEMBERS OF CONGRESS AND THE PRESSURES BROUGHT TO BEAR BY THE MOSTLY MIDDLE-CLASS RELATIVES AND FRIENDS OF THESE AMERICAN PRISONERS, WHO WERE GENERALLY INCARCERATED FOR MAJOR DRUG OFFENSES (E.G., INTERNATIONAL SMUGGLING OF COCAINE AND MARIHUANA). TALES OF BRUTALITY AND THE DENIAL OF FUNDAMENTAL DUE PROCESS ARE NOTED, AND THE CONSTITUTIONAL QUESTIONS RAISED BY THE EXCHANGE ARE EXAMINED. THESE WERE: (1) WHETHER IT IS LEGAL FOR AN OFFENDER AGAINST THE LAWS OF MEXICO TO SERVE HIS OR HER TIME IN A U.S. PRISON; (2) WHETHER IT IS LEGAL TO IMPRISON AN OFFENDER IN A U.S. PRISON IF HIS TRIAL, CONVICTION, AND SENTENCING IN MEXICO DID NOT CONFORM TO AMERICAN DUE PROCESS STANDARDS; AND (3) WHETHER IT IS LEGAL TO DENY OFFENDERS THE RIGHT TO CHALLENGE THEIR MEXICAN CONVICTIONS IN THE U.S. COURTS. THE TRANSFER PROGRAM WAS AND IS STRICTLY VOLUNTARY, AND SO FAR THERE HAVE BEEN MORE AMERICAN THAN MEXICAN VOLUNTEERS. IN TOTAL, 72 MEXICANS HAVE CHOSEN TO SERVE OUT THEIR AMERICAN PRISON SENTENCES IN MEXICO; 36 TRANSFERRED IN DECEMBER AND 36 MORE IN MARCH OF 1977 AND 1978 RESPECTIVELY. PRIOR TO THE TRANSFER, THERE WERE 1,600 MEXICAN CITIZENS IN THE U.S. FEDERAL PRISON SYSTEM ALONE, PLUS ABOUT 425 MORE IN THE STATE PRISONS OF CALIFORNIA, TEXAS, ARIZONA, AND NEW MEXICO. ALTHOUGH 900 OF THE MEXICANS FEDERAL INMATES AND ALL OF THE TEXAS INMATES WERE DECLARED ELIGIBLE, ONLY 23 TEXAS PRISONERS AND 49 FEDERAL INMATES CHOSE TO RETURN TO MEXICO. A TOTAL OF 233 AMERICANS, PLUS 2 BABIES BORN TO AMERICAN WOMEN PRISONERS, WAS TRANSFERRED DURING DECEMBER; 48 MORE WERE TRANSFERRED IN MARCH. AS OF APRIL, 260 AMERICANS WERE LEFT BEHIND, EITHER BECAUSE THEY WERE NOT ELIGIBLE UNDER THE PROGRAM'S TERMS OR BECAUSE THEY CHOSE NOT TO BE TRANSFERRED. ALL THOSE AWAITING TRIAL OR WHO HAVE APPEALS PENDING ARE INELIGIBLE, AS ARE ALL THOSE CONVICTED OF IMMIGRATION OFFENSES. THOSE AMERICANS DECLARED INELIGIBLE IN DECEMBER AND MARCH WILL BE TRANSFERRED LATER IN SMALL NUMBERS. THE U.S. BUREAU OF PRISONS IS IN THE PROCESS OF SETTING UP PERMANENT CHECKPOINTS WITHIN THE MEXICAN PRISONS AT TIJUANA AND CIUDAD JUAREZ FOR THE PROCESSING AND TRANSFER OF NEWLY ELIGIBLE AMERICAN INMATES. THE FUNDAMENTAL ORGANIZATIONAL AND POLICY DEFECTS OF THE MEXICAN COURT AND PENAL STRUCTURE ARE ENUMERATED AND DISCUSSED, INCLUDING THE FAIRLY WIDESPREAD GRAFT AND CORRUPTION OF CORRECTIONS OFFICIALS AND LEGAL DEFENDERS. (KBL)