International Prisoner Transfer 2010

International Prisoner Transfer 2010
Author: Michael Abbell
Publisher: BRILL
Total Pages: 440
Release: 2010-09-10
Genre: Law
ISBN: 9047441192

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.

Material Detention Conditions, Execution of Custodial Sentences and Prisoner Transfer in the EU Member States

Material Detention Conditions, Execution of Custodial Sentences and Prisoner Transfer in the EU Member States
Author: Gert Vermeulen
Publisher: Maklu
Total Pages: 1010
Release: 2011
Genre: Law
ISBN: 904660456X

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)

Handbook on Prisoner File Management

Handbook on Prisoner File Management
Author:
Publisher: Criminal Justice Handbook
Total Pages: 72
Release: 2008
Genre: Business & Economics
ISBN:

This handbook discusses the importance of effective prisoner file management, illustrating the consequences of poor or non-existent management. It will be of particular relevance to prison systems that do not have electronic systems for managing files. It outlines the key international human rights standards that apply to prisoner and detainee file management. It also summarizes and illustrates the key requirements of prison systems in relation to prisoner and detainee file management in order to meet international human rights standards and how these might be met.

Constitutional Rights of Prisoners

Constitutional Rights of Prisoners
Author: John W. Palmer
Publisher: Routledge
Total Pages: 980
Release: 2010-04-06
Genre: Law
ISBN: 1437755143

This text details critical information on all aspects of prison litigation, including information on trial and appeal, conditions of isolated confinement, access to the courts, parole, right to medical aid and liabilities of prison officials. Highlighted topics include application of the Americans with Disabilities Act to prisons, protection given to HIV-positive inmates, and actions of the Supreme Court and Congress to stem the flow of prison litigation. Part II contains Judicial Decisions Relating to Part I. Part II contains briefs of judicial decisions related to the topics covered in the the text, in order to help the reader learn rule of law as well as the reasoning of the court that guides future court rulings. Appendices include Amendments to the Constitution of the United States of America, related court rulings, and a table of cases.

Incarceration and the Law, Cases and Materials

Incarceration and the Law, Cases and Materials
Author: Margo Schlanger
Publisher: West Academic Publishing
Total Pages: 1071
Release: 2020-05-29
Genre:
ISBN: 9781683287964

In the age of American mass incarceration, a complex legal regime governs prison conditions and presents a host of controversial questions at the intersection of constitutional liberty, statutory interpretation, administrative regulation, and public policy. This is a completely overhauled, re-titled, and much-expanded version of the leading casebook about incarceration. It addresses both pretrial and post-conviction incarceration, presenting Supreme Court and leading lower court case law, statutes, litigation materials, professional standards, academic commentary, and prisoner writing. Topics include conditions of confinement, civil liberties, particular prisoner populations and relevant legal issues (race and national origin discrimination, the particular issues/law governing treatment of incarcerated women, LGBTQ people, and people with disabilities). Litigated remedies (injunctive litigation, damages, the Prison Litigation Reform Act, and criminal prosecution of prison staff), are also covered in detail, as is non-litigation oversight. The casebook is supplemented by an open-access website that offers additional resources and sources for further reading.

The Transfer of Conflict-Related Detainees

The Transfer of Conflict-Related Detainees
Author: Maral Kashgar
Publisher: Nomos Verlag
Total Pages: 450
Release: 2022-09-14
Genre: Law
ISBN: 3748933010

Im Rahmen ihrer Beteiligung an multinationalen Militäroperationen ist es für truppenstellende Staaten erforderlich, Gegner in Gewahrsam zu nehmen. Doch was, wenn der Staat die Gewahrsamsperson nicht im eignen Gewahrsam behalten will? Unter welchen Voraussetzungen ist es möglich, die Gewahrsamsperson an einen anderen Staat zu überstellen? Im Gegensatz zu den Vorgaben des menschenrechtlichen refoulement-Verbots haben die humanitärvölkerrechtlichen Überstellungsregeln der Genfer Konventionen von 1949 bisher trotz ihrer vorrangigen Anwendbarkeit in bewaffneten Konflikten wenig Beachtung gefunden. Mit der Kommentierung dieser Regeln schließt dieses Werk eine Lücke in der wissenschaftlichen Literatur zur Thematik.

Prison Law

Prison Law
Author: Mary Rogan
Publisher: Bloomsbury Publishing
Total Pages: 429
Release: 2016-09-12
Genre: Law
ISBN: 1784510920

Prison litigation is becoming increasingly common in Ireland. Prison numbers are at an all-time high and conditions in many Irish prisons have been criticised by international and domestic human rights bodies, such as the Irish Penal Reform Trust and the Inspector of Prisons who have voiced concern about the lack of accountability for decisions taken by prison administrators on issues such as discipline, transfers and release. The rights of prisoners are a key focus of the book. These rights are examined in relation to prison conditions, contact with the outside world, discipline, remission, transfer and release. Prison Law analyses practical issues that prison law practitioners are likely to come up against, such as causes of action, evidential difficulties and time limits. Written from both a domestic and international perspective, the book sets out the position in Irish prisons of particular groups including women, children, foreign prisoners and those from an ethnic minority background and identifies areas in which the treatment of prisoners gives rise to concerns under the Constitution or the European Convention on Human Rights. The most up to date book in this legal area, Prison Law also includes an appendix setting out the fully consolidated Prison Rules 2007-2013.