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NCJRS Abstract

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NCJ Number: 75915 Add to Shopping cart Find in a Library
Title: Penal Treaties With Mexico and Canada - Hearings Before the Senate Committee on Foreign Relations, June 15 and 16, 1977
Corporate Author: US Congress
Senate Cmtte on Foreign Relations
United States of America
Date Published: 1977
Page Count: 282
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
US Congress
Washington, DC 20510
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Type: Legislative/Regulatory Material
Language: English
Country: United States of America
Annotation: Testimony presented is before the Senate Foreign Relations Committee dealing with the proposed treaties between the United States and Mexico and Canada on the execution of penal sentences.
Abstract: The proposed treaties would permit American citizens convicted of offenses in Mexico and Canada to be transferred to United States corrections systems to serve their sentences. The treaty with Mexico is indicated to stem largely from the relatively large numbers of Americans being held in Mexican jails because of drug-related convictions, due largely to the United States-Mexico cooperative crackdown on persons transporting illegal drugs across the border. Much of the testimony documents the injustices and abuses that have occurred to Americans in the Mexican criminal justice system, and the treaty is viewed as one measure to help deliver Americans from such abuse and provide more humane environments for Americans to serve their sentences. It is acknowledged that the treaty will not help those Americans being held in Mexican jails for extended periods of time prior to trial. Constitutional issues raised by the treaties are considered in the testimony, notably the treaties' provisions that prohibit any American court from entertaining challenges by transferred Americans to the sentences dispensed in Mexico or Canada. It is advised that such a provision violates an American's constitutional right to judicial review under a claim of wrongful imprisonment. Testimony indicates that the prisoner's waiver of the right to judicial review of sentence as a condition of transfer is constitutionally permissible if certain conceptual and procedural requirements are met; namely, that such waiver is in the public interest and is voluntarily entered into by the one waiving such rights. Written statements are appended. For specific statements, see NCJ 75916-17.
Index Term(s): Canada; Constitutional Rights/Civil Liberties; Habeas corpus; Hearings; International agreements; International inmate exchanges; Judicial decisions; Mexico; Testimony; Waiver of rights
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