NCJ Number
62085
Journal
Vanderbilt Journal of Transnational Law Volume: 11 Issue: 2 Dated: (SPRING 1978) Pages: 249-268
Date Published
1978
Length
20 pages
Annotation
DISCUSSION FOCUSES ON PROCEDURES AND CONSTITUTIONAL ISSUES RAISED BY RECENT TREATIES PERMITTING TRANSFERS OF CONVICTED OFFENDERS BETWEEN THE U.S. AND MEXICO AND THE U.S. AND CANADA.
Abstract
THE TREATIES AND IMPLEMENTING LEGISLATION TOOK EFFECT IN 1977 WITH THE PURPOSE OF PERMITTING PEOPLE CONVICTED OF CRIMES IN A FOREIGN NATION TO COMPLETE THEIR SENTENCES IN THEIR HOME STATE. BROADER GOALS WERE TO FOSTER MORE EFFECTIVE REHABILITATION OF OFFENDERS AND TO IMPROVE INTERNATIONAL PENAL COOPERATION. AMONG THE TREATY REQUIREMENTS IS THAT THE OFFENSE FOR WHICH THE OFFENDER WAS CONVICTED MUST BE AN OFFENSE IN THE RECEIVING STATE AS WELL. IN ADDITION, THE PROPOSED TRANSFER IS SUBJECT TO THE OFFENDER'S CONSENT. IN THE TREATY WITH CANADA, TRANSFER IS INITIATED BY THE OFFENDER; IN THE TREATY WITH MEXICO, BY THE SENDING STATE, ALTHOUGH THE OFFENDER MAY REQUEST TRANSFER. CONTRACTING STATES ARE NOT REQUIRED TO ACCEPT AN OFFENDER. OFFENDERS RELEASED PRIOR TO SENTENCE COMPLETION ARE RETURNED TO THE SENDING STATE, ALTHOUGH THE OFFENDER MAY CHALLENGE THE RETURN IN COURT. SUBSTANTIVE ISSUES RAISED BY THE TREATIES INCLUDE ELIGIBILITY FOR TRANSFER; COMPLIANCE WITH TRANSFER REQUIREMENTS; HANDLING OF PAROLE, PROBATION, AND SUPERVISION; AND CHALLENGES OF THE CONVICTION OR SENTENCE. BOTH ATTORNEYS AND THE JUDICIARY SHOULD SUPPORT THIS PROGRAM WITHOUT PERCEIVING OF IT AS A SYSTEM FOR FREEING U.S. CITIZENS CONVICTED ABROAD. IF SUCCESSFUL, THE PROGRAM COULD PROMOTE SIMILAR TREATIES WITH OTHER COUNTRIES. FOOTNOTES ARE INCLUDED. (CFW)