American Convict To Be Deported

[sriracha john]

US convict to be deported

An American who has served one-third of a nine-year sentence for drug offenses will be deported to the United States to serve out the remainder of his jail term. Justice permanent secretary Jarun Pukditanakul, chairman of the panel on prisoner extradition, said the Corrections Department had proposed Peter Hunkleman, who has served three years, be returned to his own country to serve out his time. Hunkleman was convicted of methamphetamine and marijuana offenses and sentenced to nine years in Khlong Prem Central Prison. He has served one-third of his sentence, the prerequisite for deportation.

Continued here:

http://www.bangkokpost.com/News/29May2007_news17.php

[Scott]

I bet he doesn't get to fly business class and sip champagne! It's so unfair--the pedophiles get all the breaks and drug dealers don't!

[Jamie]

I wonder if he is happy to be serving the rest of his sentence in the States. Seems prisons here are more violent.

[JimmyTheMook]

I wonder if he is happy to be serving the rest of his sentence in the States. Seems prisons here are more violent.

You must be kidding.

He must have applied like crazy to get the transfer.

US Prison as bad as it is will be 100 times better than a Thai prison.

[Jamie]

I think your chances of being hurt badly or killed in US prisons is higher. I'm sure neither are ideal.

[Bjorn]

9 years was too short for the american. He should have got at least 20 years AND spend all thoose years in a thai prison. The bets would of course death penalty. A good way to keep the idiots away from the streets.

[mrt273nva]

I wonder if he is happy to be serving the rest of his sentence in the States. Seems prisons here are more violent.

You must be kidding.

He must have applied like crazy to get the transfer.

US Prison as bad as it is will be 100 times better than a Thai prison.

i don't think prison rapes are as common in thailand as they are in the US.

[JimmyTheMook]

I wonder if he is happy to be serving the rest of his sentence in the States. Seems prisons here are more violent.

You must be kidding.

He must have applied like crazy to get the transfer.

US Prison as bad as it is will be 100 times better than a Thai prison.

i don't think prison rapes are as common in thailand as they are in the US.

Guess you saw that in a movie.

[mrt273nva]

I wonder if he is happy to be serving the rest of his sentence in the States. Seems prisons here are more violent.

You must be kidding.

He must have applied like crazy to get the transfer.

US Prison as bad as it is will be 100 times better than a Thai prison.

i don't think prison rapes are as common in thailand as they are in the US.

Guess you saw that in a movie.

i have an MBA in criminal justice. i studied it for 4 years.

[JimmyTheMook]

I wonder if he is happy to be serving the rest of his sentence in the States. Seems prisons here are more violent.

You must be kidding.

He must have applied like crazy to get the transfer.

US Prison as bad as it is will be 100 times better than a Thai prison.

i don't think prison rapes are as common in thailand as they are in the US.

Guess you saw that in a movie.

i have an MBA in criminal justice. i studied it for 4 years.

So you learned about prison rape or did you experience any of it ?

Edited May 29, 2007 by JimmyTheMook

[TAWP]

They re-enacted it in school..

[chinthee]

I wonder if he is happy to be serving the rest of his sentence in the States. Seems prisons here are more violent.

You must be kidding.

He must have applied like crazy to get the transfer.

US Prison as bad as it is will be 100 times better than a Thai prison.

i don't think prison rapes are as common in thailand as they are in the US.

Guess you saw that in a movie.

i have an MBA in criminal justice. i studied it for 4 years.

This must be a joke. MBA is a masters degree in business. Criminal Justice is a separate discipline and degree granted would not be MBA. Also, 4 years is the traditional study period for a bachelor's degree, not masters degree. I think he saw it in a movie.

[ColPyat]

I wonder if he is happy to be serving the rest of his sentence in the States. Seems prisons here are more violent.

You must be kidding.

He must have applied like crazy to get the transfer.

US Prison as bad as it is will be 100 times better than a Thai prison.

i don't think prison rapes are as common in thailand as they are in the US.

Guess you saw that in a movie.

http://www.hrw.org/reports/2001/prison/

http://www.spr.org/

Educate yourself. The US prison system, especially the state prisons, is one of the most violent in the developed world. Thai prisons, even though cramped (though improving) conditions are far less bad than always made out.

A bit of money can get you very far here, and you don't need to fear constant violence.

In this case here, the prisoner will most definitely not serve the remainder of his sentence in the US, but will be released very soon.

[Prakanong]

I wonder if he is happy to be serving the rest of his sentence in the States. Seems prisons here are more violent.

In Sandra Gerogory's book I am sure she mentiones US citizensa get an allowance of 6 years for every year served in a Thai jail.

Anybody else remember her saying that or if its true?

I seem to remember it also saying Aussies get 2 for 1 but Brits get no allowance

Did I dream this bit in the book - its so long since I read it???

[JimmyTheMook]

I wonder if he is happy to be serving the rest of his sentence in the States. Seems prisons here are more violent.

You must be kidding.

He must have applied like crazy to get the transfer.

US Prison as bad as it is will be 100 times better than a Thai prison.

i don't think prison rapes are as common in thailand as they are in the US.

Guess you saw that in a movie.

i have an MBA in criminal justice. i studied it for 4 years.

This must be a joke. MBA is a masters degree in business. Criminal Justice is a separate discipline and degree granted would not be MBA. Also, 4 years is the traditional study period for a bachelor's degree, not masters degree. I think he saw it in a movie.

Prolly happens all the time in Koh Phangan.

Isn't that just an extension of the Khao San Road these days ?

[Prakanong]

"In this case here, the prisoner will most definitely not serve the remainder of his sentence in the US, but will be released very soon."

Thats what I thought - the Americans let them out very quickly once transferred back but the Brits have to wait until the Thai's say you can be released - the americans can decide themselves.

[ColPyat]

I wonder if he is happy to be serving the rest of his sentence in the States. Seems prisons here are more violent.

In Sandra Gerogory's book I am sure she mentiones US citizensa get an allowance of 6 years for every year served in a Thai jail.

Anybody else remember her saying that or if its true?

I seem to remember it also saying Aussies get 2 for 1 but Brits get no allowance

Did I dream this bit in the book - its so long since I read it???

Nops, you didn't dream this bit.

The same is also reported on the website about foreign prisoners (sorry, can't be bothered to look for it right now). She also said that she felt treated fairer in Thai prisons than in the UK prison system.

By all accounts, from the many friends and acquaintances i have who spent time here in prison (and some in other prisons in different countries as well) - most said that they preferred Thai prisons over most western prisons (with the exception of course the Scandinavian prisons), and definitely better than most other jails in the region.

It all depends on which prison one is in, but Thailand has in the last ten years or so improved their prison system a lot.

[Prakanong]

"She also said that she felt treated fairer in Thai prisons than in the UK prison system."

Is fairer the word she used?

I know she said while it was physically harder in the Thai prison system the psychological regime was harsher in the UK system.

Has she graduated from Oxford yet - I know she put off going up there for a year so she could lecture at schools about the hazards of drugs.

[sriracha john]

"In this case here, the prisoner will most definitely not serve the remainder of his sentence in the US, but will be released very soon."

Thats what I thought - the Americans let them out very quickly once transferred back but the Brits have to wait until the Thai's say you can be released - the americans can decide themselves.

From the USA - Thailand Prisoner Transfer Treaty of 1983

When a prisoner has been transferred the following procedures govern his treatment: The original sentence carries over to his new confinement, preserving deductions for good behavior in prison and during pre-trial confinement. The Transferring State retains the power to grant pardon or amnesty. With these exceptions, the execution of the sentence is to be carried out according to the rules and practices prevailing in the state to which he is transferred. In particular, the rules of the Receiving State as to parole will determine the date on which the prisoner is released from confinement. Any collateral attack on the sentence must proceed through the courts of the country which imposed the sentence.

-----------------

There are no hard and fast rules for computing getting out of prison any earlier than what he was sentenced to in Thailand. Certainly not of the order of 6 to 1 or any other simple mathematical equation. It's on a case-by-case basis.

Without knowing the full particulars of his case, it's impossible to say he'll be released anytime soon.

If the quantity of methamphetamines was significant, it's very likely he'll do more than the three years time he has served.

As a prisoner must apply for the transfer, it would be curious why he would do so if he thought the receiving prison would be worse than where he was currently serving.

[ColPyat]

"She also said that she felt treated fairer in Thai prisons than in the UK prison system."

Is fairer the word she used?

I know she said while it was physically harder in the Thai prison system the psychological regime was harsher in the UK system.

Has she graduated from Oxford yet - I know she put off going up there for a year so she could lecture at schools about the hazards of drugs.

Dunno if it was that word, just my interpretation. But yes, the Psychological terror is maybe the better phrase.

Personally, i don't really understand what many here aways go on about th Thai prisons. It all depends which prisons. Many provincial prisons are not that great, especially for foreign prisoners (but people can get transferred after sentencing). Cells are over crowded, and the supplied food is not that great.

But - there is far less violence and rapes under prisoners here than in many western prisons (especially the US), with a bit of extra money outside food can be delivered, and also better cells can be bought. The only truly horrible prison i know here is the IDC - mostly due to the fact that inmates do not get out of their horribly over crowded cells.

The new prison hospital is an excellent facility (i have seen the insides myself, not as an inmate ), and severe cases will be transferred to outside hospitals, mostly the police hospital, but also excellent private hospitals.

Prison is never nice (apart from the Scandinavian prisons), but there is a lot worse than Thailand. A friend who has had a life long career as a criminal, and has been inmate in prisons all over the world said the worst prison he has been in was Japan. I have a copy of the rule book he smuggled out, and every single moment of one's life, every even so tiny activity is strictly regulated by the book.

[ColPyat]

As a prisoner must apply for the transfer, it would be curious why he would do so if he thought the receiving prison would be worse than where he was currently serving.

Because it is general practice that prisoners will be released soon after their arrival in the US. Not law, but general practice.

[mrt273nva]

I wonder if he is happy to be serving the rest of his sentence in the States. Seems prisons here are more violent.

You must be kidding.

He must have applied like crazy to get the transfer.

US Prison as bad as it is will be 100 times better than a Thai prison.

i don't think prison rapes are as common in thailand as they are in the US.

Guess you saw that in a movie.

i have an MBA in criminal justice. i studied it for 4 years.

This must be a joke. MBA is a masters degree in business. Criminal Justice is a separate discipline and degree granted would not be MBA. Also, 4 years is the traditional study period for a bachelor's degree, not masters degree. I think he saw it in a movie.

sorry, it was a typo. it is a BA (bachelor of arts) in Criminal Justice. anyway, alot of the material covered is in corrections. i was refering to someone thinking that i got my information from movies.

[sriracha john]

As a prisoner must apply for the transfer, it would be curious why he would do so if he thought the receiving prison would be worse than where he was currently serving.

Because it is general practice that prisoners will be released soon after their arrival in the US. Not law, but general practice.

Any empirical data on this "doesn't-follow-the-law-or-the-treaty-as-signed-but-still-is-done-so-in-general-practice" theory? There have been 76 American prisoners transferred under this treaty.

Edited May 29, 2007 by sriracha john

[jdinasia]

As a prisoner must apply for the transfer, it would be curious why he would do so if he thought the receiving prison would be worse than where he was currently serving.

Because it is general practice that prisoners will be released soon after their arrival in the US. Not law, but general practice.

Any emperical data on this "doesn't-follow-the-law-or-the-treaty-as-signed-but-still-in-done-so-in-general-practice" theory? There have been 76 American prisoners transferred under this treaty.

it is done by law Parole is systematic. I wonder if they are transferred to the Fed system or the states?

[mrt273nva]

As a prisoner must apply for the transfer, it would be curious why he would do so if he thought the receiving prison would be worse than where he was currently serving.

Because it is general practice that prisoners will be released soon after their arrival in the US. Not law, but general practice.

Any emperical data on this "doesn't-follow-the-law-or-the-treaty-as-signed-but-still-in-done-so-in-general-practice" theory? There have been 76 American prisoners transferred under this treaty.

it is done by law Parole is systematic. I wonder if they are transferred to the Fed system or the states?

it would be federal if there were no law that was violated within a particular state. i've heard stories where americans were extredited to states for crimes commited in those states. but a law broken in thailand and transfered to the US would be federal.

[sriracha john]

As for the definitive answer:

Officials of the Federal Bureau of Prisons travel to the foreign country to escort the prisoner to the United States. The transferee returns to the United States in the custody of these officials and is placed in a federal prison.

At the outset it is important to recognize that a transferred prisoner has no right to appeal, modify, set aside, or otherwise challenge his/her foreign conviction in a United States court or administrative agency after being transferred back to the United States. (18 U.S.C. § 3244(1)) Such authority remains with the courts in the sentencing country. However, the United States must execute the sentence imposed by the foreign country. To do so it must go through a careful analysis to determine how a comparable crime would be punished in the United States and then determine a release date for such an offense. The responsibility for determining the release date, as well as any period of supervised release and conditions that will apply, has been given to the United States Parole Commission, an administrative agency within the United States Department of Justice. See 18 U.S.C. § 4106A (for offenses committed on or after November 1, 1987); 18 U.S.C. § 4106

In determining an appropriate release date and the length of the supervised release period, the Parole Commission considers many factors, including the nature of the offense, whether the prisoner has accepted responsibility for his actions, and the sentence that would be applied for a comparable federal offense under the United States Sentencing Guidelines. It is important to stress that, in determining a suitable release date from the foreign sentence, the Parole Commission cannot overturn the prisoner's conviction, reduce or modify the original sentence, or make findings of fact that are inconsistent with the findings of the foreign court.

---------------------------------

As stated... if the quantity of methamphetamines in his conviction is significant... and with Federal level sentencing guidelines, I would doubt he'll be getting free anytime soon.

[BigSnake]

Govt cannot afford to feed and shelter his anymore, hmmmm

Edited May 29, 2007 by BigSnake

[jdinasia]

As stated... if the quantity of methamphetamines in his conviction is significant... and with Federal level sentencing guidelines, I would doubt he'll be getting free anytime soon.

If they were large quantities I believe that the sentence in Thailand would have been over 9 years!

Many things could affect this .. 'nature of the offense ... does that include 'was it a first offense? Sentencing guidelines could include if a plea bargain was offered would it have been significantly less? ... etc

leaving much to just be questioned ... and no real answers

[Jai Dee]

Some off-topic argumentative posts have been deleted from this thread.

[mikethevigoman]

I wonder if he is happy to be serving the rest of his sentence in the States. Seems prisons here are more violent.

You must be kidding.

He must have applied like crazy to get the transfer.

US Prison as bad as it is will be 100 times better than a Thai prison.

i don't think prison rapes are as common in thailand as they are in the US.

Guess you saw that in a movie.

i have an MBA in criminal justice. i studied it for 4 years.

This must be a joke. MBA is a masters degree in business. Criminal Justice is a separate discipline and degree granted would not be MBA. Also, 4 years is the traditional study period for a bachelor's degree, not masters degree. I think he saw it in a movie.

Iam an M.B.E ,mars bar eater !