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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They found that retarded defendants were more likely to make false confessions, less likely to make “a pervasive showing of mitigation . . 30 In Roper v. 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.

S. S. citizens or nationals travelling or residing abroad. ”58 Reciprocity was important to the State Department who viewed the United States as both a sending and receiving state mindful of protecting Americans abroad and of protecting foreign nationals within the United States. Other agencies at the federal level also took steps to carry out the provisions of the VCCR. 59 However, most criminal cases are processed at the state level. The challenge to applying the Vienna Convention would involve requiring a similar level of compliance by state and local authorities.

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.

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


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