Is it legal to put US prisons in China?

Spungo

Diamond Member
Jul 22, 2012
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I was listening to Stansberry's podcast, and one of the hosts jokingly said something about offshoring prisons. Serious question: is that legal? Would it be possible for a state like California to build a prison in China, hire Chinese prison staff, and put Americans in that prison?
 

Jaskalas

Lifer
Jun 23, 2004
34,004
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Forget whether it is or not, Congress can pass a bill today to leave no doubt. Better safe than sorry.
 

T9D

Diamond Member
Dec 1, 2001
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That would be a great idea actually. But only for like really really bad people.
 

mmntech

Lifer
Sep 20, 2007
17,501
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Guantanamo Bay is US territory. Leased indefinitely from the Cuban government following the Spanish-American war. I actually would have thought Castro would have kicked the base out following Bay of Pigs. Guess he wasn't all that ballsy.

Anyway, if it's not legal now, congress can certainly make it legal. AFAIK, there's nothing in the constitution preventing it. Not that it even matters. The current administration views the US Constitution as more an obstacle to be bypassed than the absolute rules of the land.
 

sdifox

No Lifer
Sep 30, 2005
96,949
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Guantanamo Bay is US territory. Leased indefinitely from the Cuban government following the Spanish-American war. I actually would have thought Castro would have kicked the base out following Bay of Pigs. Guess he wasn't all that ballsy.

Anyway, if it's not legal now, congress can certainly make it legal. AFAIK, there's nothing in the constitution preventing it. Not that it even matters. The current administration views the US Constitution as more an obstacle to be bypassed than the absolute rules of the land.

Since the lease was signed under duress, it is not in accordance with international law. Cuba maintains sovereignty over Gitmo even if the lease is legal.
 

DrPizza

Administrator Elite Member Goat Whisperer
Mar 5, 2001
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www.slatebrookfarm.com
I'd think that since family members of prisoners are allowed to visit the prison - especially a spouse, parent, or child, that moving to a country where the relative may not be able to legally go (needs a passport, etc.), then there may be a fairly strong argument that it violates the Constitutional protection against cruel and unusual punishments. As far as Guantanamo goes, I'm not aware that any citizens of the US have sued in Federal Court that it violates their Constitutional rights, therefore, it remains to be seen whether the Supreme Court agrees with this or not.
 

Brovane

Diamond Member
Dec 18, 2001
5,667
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Several years ago Governor Arnold in CA had proposed taking the Illegal immigrants current in prison from Mexico and out source their incarceration to Mexico. So basically make the illegal immigrant prisoners in CA jails serve their time in Mexican prisons. It would save money since it is cheaper to keep someone in jail in Mexico than it is the US. Will the prison guard union got all up in arms about it since it would mean less prisoners for them which means less OT and positions so it was quickly dropped. Kind of made sense to me to have the mexian illegal immigrants serve their jail time in Mexico. Would make deportation much easier once they where released since they would already be in Mexico.
 
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JulesMaximus

No Lifer
Jul 3, 2003
74,534
911
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We should buy old soviet warships, gut them and anchor them off the coast of Texas and make prison ships out of them.
 

Sonikku

Lifer
Jun 23, 2005
15,745
4,563
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OBAMA'S LIST OF THINGS TO MOVE TO CHINA

Jobs ✓
Chickens ✓
America's wealth ✓
Prisons ✓






Yep, looks like prisons is on the list.
 

Rakehellion

Lifer
Jan 15, 2013
12,181
35
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OBAMA'S LIST OF THINGS TO MOVE TO CHINA

Jobs ✓
Chickens ✓
America's wealth ✓
Prisons ✓






Yep, looks like prisons is on the list.

Obama's the reason I keep losing my socks in the dryer. And I'm pretty sure he's responsible for Hurricane Katrina.
 

GlacierFreeze

Golden Member
May 23, 2005
1,125
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I was listening to Stansberry's podcast, and one of the hosts jokingly said something about offshoring prisons. Serious question: is that legal? Would it be possible for a state like California to build a prison in China, hire Chinese prison staff, and put Americans in that prison?

What, exactly, would make it illegal? Nothing that I can think of. Even if it was, the current goobs in the government don't seem too concerned with laws or The Constitution anyway.

And you raise a good point. With how much tax payer money is spent on prisons/prisoners and how many normal jobs we willingly ship overseas each year, I'm surprised we haven't opened prisons in other countries yet.
 
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luv2liv

Diamond Member
Dec 27, 2001
3,498
94
91
what a waste of money.

just have Apple hire prisioners to build iphones. pay prisoners same chinese wages.
consumers buy stuff dirt cheap and still be proud to be supporting "made in USA" label.
win win for everyone.
 

Brovane

Diamond Member
Dec 18, 2001
5,667
1,925
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What, exactly, would make it illegal? Nothing that I can think of. Even if it was, the current goobs in the government don't seem too concerned with laws or The Constitution anyway.

And you raise a good point. With how much tax payer money is spent on prisons/prisoners and how many normal jobs we willingly ship overseas each year, I'm surprised we haven't opened prisons in other countries yet.

Prison guard unions would never allow it to happen. They would yell and scream that the prisons overseas are not as secure as US prison or find some other reason. The politicians wouldn't want to cross the prison guard union because they would then be labeled soft on crime and every politician doesn't want to be be labeled as soft on crime.
 

Craig234

Lifer
May 1, 2006
38,548
350
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As far as I can think of, if the passport issues were resolved and adequate medical care was available, it's hard to think why it'd be illegal.

Some likely valid claims the prison guard union would object have been made, but I think the private prison industry is likely a bigger issue.
 

nehalem256

Lifer
Apr 13, 2012
15,669
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As far as I can think of, if the passport issues were resolved and adequate medical care was available, it's hard to think why it'd be illegal.

Some likely valid claims the prison guard union would object have been made, but I think the private prison industry is likely a bigger issue.

Who do you think would be in charge of running the prisons in China?:hmm:
 

Linux23

Lifer
Apr 9, 2000
11,333
705
126
Why can't we just put all of the violent offenders in a stadium, like in Gladiator and let them fight for their right to live?


It would be a hell of a lot cheaper. :p