NCJ Number
163122
Journal
San Diego Justice Journal Volume: 3 Issue: 2 Dated: (Summer 1995) Pages: 379-418
Date Published
1995
Length
40 pages
Annotation
The stringent requirements and safeguards of the institution of capital punishment in the United States have eroded and capital punishment is destined to violate individual human rights.
Abstract
Enacting statutes that increase the number of crimes punishable by death or that permit the execution of juveniles represents a serious violation of customary international law. Moreover, capital punishment itself is against customary international law. Violation of the right to consular assistance not only is a serious violation of international law but also is a concern in light of the suspicious imposition of the death penalty which mainly affects the impoverished, minorities, and aliens. This violation is analogous to the rationale of Miranda. While the trend of the U.S. Supreme Court is toward lesser protection of civil rights, the tendency in international human rights law is moving in the opposite direction. Therefore, it is not consistent for the United States to champion human rights in its foreign policy if it does not accept international standards. The author argues that the death penalty should be considered at least suspect of being cruel and inhumane and contrary to principles of international law and that the death penalty has failed in the United States. An overview of capital punishment since 1930 is presented. Countries which impose or do not impose the death penalty are identified. MIranda rights are examined in relation to the Vienna Convention on Consular Relations, and the need for executive clemency to play a substantial role in the criminal justice system is noted. 208 footnotes