Criminal Law

New PDF release: An American Dilemma: International Law, Capital Punishment,

By Mary Welek Atwell (auth.)

ISBN-10: 1137270373

ISBN-13: 9781137270375

ISBN-10: 1349669997

ISBN-13: 9781349669998

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Extra resources for An American Dilemma: International Law, Capital Punishment, and Federalism

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In fact, state officials, such as Texas governors Ann Richards, George W. 65 It is hard to see how the United States can flaunt the Vienna Convention without danger to its citizens abroad. As Alan Clarke and Laurelyn Whitt state, its noncompliance with the VCCR causes the United States to be seen as a scofflaw. 66 4 The Execution of a Foreign National: The Case of Angel Breard T he vigorous use of the death penalty in the United States in the 1990s and international opposition to capital punishment collided rather dramatically over the issue of the execution of foreign nationals.

31 Many of the reasons given for prohibiting the execution of those with mental retardation were also relevant to the cases of juveniles. Justice Kennedy, writing for the majority, also cited international law. ”32 These cases were exceptional in mentioning international standards. As Frank Michelman points out, the United States has usually stood aloof from international human rights judgments. The opinion of Justice Scalia might be seen as typically “parochial” in its disregard for developments outside the United States33 Often American courts T h e L e g al F r am e wo r k 33 interpreted human rights issues as a one-way street.

Secretary of State Madeline Albright sent a letter to Virginia Governor James Gilmore. The Department of Justice offered an amicus brief to the Supreme Court claiming that a provisional order from the ICJ was not binding. On April 14, in Breard v. 19 46 A n A m e r i ca n D i l e m m a Breard v. 20 In a per curium opinion, five members of the court (Chief Justice Rehnquist, Justices O’Connor, Scalia, Kennedy, and Thomas), with a concurrence by Justice Souter, rejected the claims of Breard, Paraguay, and the ICJ.

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An American Dilemma: International Law, Capital Punishment, and Federalism by Mary Welek Atwell (auth.)


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