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In 1825, the U.S. Supreme Court stated: “The Courts of no country execute the penal laws of another.” One hundred and fifty one years later, in a very different world, the United States signed prisoner transfer treaties with its neighbours, Canada and Mexico. Today, through additional bilateral treaties and multilateral treaties negotiated under the auspices of the Council of Europe and the Organization of American States, the United States has prisoner transfer treaty relations with 77 countries. This treatise, designed for prosecutors, defense attorneys and academics, describes in detail the legal basis and operation under these treaties from the perspective of the United States by the former Department of Justice official responsible for their initial implementation. Additional titles by Michael Abbell include: • Extradition to and from the United States 2010 • Obtaining Evidence Abroad in Criminal Cases 2010 This is the final Edition, there will be no further updates for this series.
In 2008, for the European Union, the introduction of the Framework Decision - the principle of mutual recognition to judgments in criminal matters, imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement - sparked discussions as to whether the practical operation of the instrument would be compatible with its very objective, being the enhancement of detained persons' social rehabilitation prospects. Transferring detained people back to their respective Member State of residence and/or nationality within the mutual recognition framework is somewhat precarious in light of the variety of Member States' legal and prison systems. In this context, and following a call for tender by the European Commission, the authors of this book conducted the largest study to date on Member States' material detention conditions, early/conditional release provisions, and sentence execution modalities. In addition to exploring the diversity of legal frameworks, the study also assessed practitioners' views on the cross-border execution of custodial sentences in the EU. The book contains individual Member State reports resulting from legal practitioners' analyses, backed by additional information drawn from monitoring and evaluation conducted at the Council of Europe (Committee for the Prevention of Torture) and United Nation levels. This will be essential reading for EU policy makers, judicial and law enforcement authorities, and defense lawyers. Additionally, it will be an asset to everyone who is involved in or taking an interest in detention issues and cross-border execution of judgements involving deprivation of liberty in the EU. (Series: Institute for International Research on Criminal Policy [IRCP] - Vol. 41)
What is supposed to be a quick, direct delivery from one state to another, a county jail inmate is taken all over the Midwest in a cramped van with a bunch of guys he has nothing in common with, but for two things: they're all facing fugitive charges, and they're all a little bit normal actually, though they come from all backgrounds and parts of the Midwest. A tale that is hard, funny, and reflective.