I have a question related to the recent prisoner exchange between The Unted States and Russia. Does a convicted felon, who is incarcerated in a U.S. prison, have a right to refuse to be part of such a prisoner exchange?
Good question. Is he or was he a US citizen? I don’t think he was so he may have been deported and he has no say. But I’m not a legal expert on convicted arms dealers.
Do prisoners (federal) have any rights? I doubt it. And I can't go much further without getting into politics, so I'll stop.
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Originally posted by TexasbanjoDo prisoners (federal) have any rights? I doubt it. And I can't go much further without getting into politics, so I'll stop.
All prisoners have rights, however refusing to be part of an exchange is not one of them. As stated previously, upon the release of the Russian in US custody, he would be deported, they just ended his sentence early and deported him as would have happened anyway after his 25 years were up. It will be interesting to see if Griner faces charges in the US as she did violate US federal law regarding drug possession and transportation.
Texasbanjo It's really really concerning that you think prisoners don't/shouldn't retain any human rights while serving out their sentences. Like you said, politics, so I'll leave it at that.
Steven, to me prisoners' rights means a modicum of humanity and basic decency. Without that I see it as a race to the bottom, or I can outdo you in the depravity dept. To me prisoners' rights transcends "politics, " but IF one wants to incorporate politics, I suppose there's always a way. And as always, I acknowledge/accept that not everybody will agree with me.
Edited by - Owen on 12/09/2022 11:10:06
A US citizen cannot be deported to a foreign country. A foreign person in a US prison can be deported to their home country, whether they want to go or not.
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Originally posted by RB3I have a question related to the recent prisoner exchange between The Unted States and Russia. Does a convicted felon, who is incarcerated in a U.S. prison, have a right to refuse to be part of such a prisoner exchange?
No, once you're in custody as a foreign national, you go where they say.
Prisoner exchanges fall outside of extradition laws.
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Originally posted by TexasbanjoDo prisoners (federal) have any rights? I doubt it. And I can't go much further without getting into politics, so I'll stop.
Of course they do. Basic human rights, for one. And there are state-level laws outlining other rights such as visitations etc.
Even in the military, POWs have rights as well, as outlined in the Geneva Conventions and other binding international agreements.
How we treat people in custody of the state is what separates the legal system from things like illegal abduction, forcible confinement etc.
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Originally posted by TexasbanjoDo prisoners (federal) have any rights? I doubt it. And I can't go much further without getting into politics, so I'll stop.
https://www.law.cornell.edu/wex/prisoners%27_rights#:~:text=Although%20prisoners%20do%20not%20have,a%20minimum%20standard%20of%20living.
I seem to recall a warning about drugs from the 1970's, done as an oft-repeated Public Service announcement:
"When you're in trouble Over There, you're in for the hassle of your life!"
I don't know if it's true, but one of my acquaintances claimed that there is one country where drug smugglers are fastened to a chair, executed, and left near the part of the airport where incoming travelers enter the terminal, as a warning.
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Originally posted by KCJonesTexasbanjo It's really really concerning that you think prisoners don't/shouldn't retain any human rights while serving out their sentences. Like you said, politics, so I'll leave it at that.
I did NOT say that. Please don't twist my words. I asked IF prisoners had any rights.
Of course prisoners have rights—certainly in the U.S. Just an obvious one— prisoner has the right to not be beaten by guards. [Not true in Iran, e.g.]
