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Dec 9, 2022 - 7:47:04 AM

RB3

USA

1588 posts since 4/12/2004
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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?

Dec 9, 2022 - 8:13:14 AM

11793 posts since 8/22/2006

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.

Dec 9, 2022 - 8:32:08 AM
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Texasbanjo (Moderator)

USA

28238 posts since 8/3/2003
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Do prisoners (federal) have any rights? I doubt it. And I can't go much further without getting into politics, so I'll stop.

Dec 9, 2022 - 8:53:36 AM

2067 posts since 2/10/2003

quote:
Originally posted by Texasbanjo

Do 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. 

Dec 9, 2022 - 9:53:45 AM
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KCJones

USA

1930 posts since 8/30/2012

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.

Dec 9, 2022 - 11:07:46 AM

Owen

Canada

12327 posts since 6/5/2011
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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

Dec 9, 2022 - 11:29:30 AM
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715 posts since 1/28/2011

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.

Dec 9, 2022 - 11:42:09 AM

ChunoTheDog

Canada

2038 posts since 8/9/2019

quote:
Originally posted by RB3

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?


 

No, once you're in custody as a foreign national, you go where they say.

Prisoner exchanges fall outside of extradition laws. 

Dec 9, 2022 - 11:45:10 AM
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ChunoTheDog

Canada

2038 posts since 8/9/2019

quote:
Originally posted by Texasbanjo

Do 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. 

Dec 9, 2022 - 12:24:01 PM
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jem327

USA

39 posts since 4/25/2018

quote:
Originally posted by Texasbanjo

Do 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.

Dec 9, 2022 - 1:31:46 PM

60023 posts since 12/14/2005

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.

Dec 9, 2022 - 2:37:25 PM
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Texasbanjo (Moderator)

USA

28238 posts since 8/3/2003
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quote:
Originally posted by KCJones

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.


I did NOT say that.  Please don't twist my words.   I asked IF prisoners had any rights.   

Dec 9, 2022 - 11:58:40 PM

Bill Rogers (Moderator)

USA

26689 posts since 6/25/2005

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.]

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