| Description |
1 online resource (xx, 282 pages) |
| Contents |
Cover; Half-title; Title page; Copyright information; Dedication; Table of contents; Preface; List of Cases; List of Treaties; Part I Leveling the Playing Field; 1 Consular Access as an Antidote; Consuls as a Corrective; Consular Treaties; Consular Protection in the Western Hemisphere; Local Law to Give Way; 2 Treaty Rights for Foreigners; Fireworks over the Rights of Detainees; A Nervous Rapporteur; To the House of Hapsburg; What Do You Do with a Drunken Sailor?; Putting the Detainee in Charge; Out of the Ashes; 3 Making Treaty Rights Stick; Getting in Contact Quickly |
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Will the Courts Step in?But Can We Sue?; Consular Access as a Priority Item; Why the Privileges and Immunities?; 4 United States on Board; Privileges and Immunities Explained in the Senate; Consuls Instructed to Demand Prompt Access; Part II Death Cases Intrude; 5 American Consuls in Blindfolds; Using the Vienna Convention; Consulates in Crisis; Rights of US Nationals in Iran; Consular Access as a Law Enforcement Imperative; A Dilemma over Deportation Detentions; An American Facing Execution; More United Nations Action on Consular Access; Out of the Sky |
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More Treaties Requiring Consular Access6 The First Capital Cases; Alarm Bells in Mexico City and Ottawa; Not Alone; A Hemispheric Strategy; An Enforceable Right?; The Canadian in Court; A Mother across the Rio Grande; 7 American Law: A Legal Labyrinth; Variation in Capital Punishment; Trial Procedures; Death Qualification; Habeas Corpus; 8 Capital Punishment and Human Rights; Emergence of Human Rights; Extradition in Capital Cases; 9 Why Treaties Matter; Treaties Overriding Criminal Procedure Provisions; Taking States to Court; Skittishness in the White House; Part III Into the Lion's Den |
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10 Foreign Countries Go to CourtMore Action in the Inter-American Commission; Public Protests over Consular Access; The Wrong Kind of Right; No Help at the Top; Mexico Goes International; 11 First Brush with the World Court; Will Other Countries Retaliate?; Paraguay to The Hague; Government Lawyers Oppose a Remedy; Back in Washington; No Federal Enforcement; A Letter to Virginia; The Supreme Court Lets the Governor Decide; 12 The United States against the Western Hemisphere; The United States Out on a Limb; Dilemma in Foggy Bottom; Two Worlds Collide; 13 Paraguay Out, Germany In |
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A Strange Coincidence?Back to The Hague; 14 Inter-American Court Deals a Blow; A Voice from Africa; Challenging Pretrial Statements; Rejection in San Jose; The Ghosts of Tehran; 15 Two Different Planets; Alone in Manhattan; The Cost of Noncompliance; A Special Effort by Mexico; 16 Federal Courts Reject Consular Claims; The Department of State Wins on Home Turf; Turning Head Money on Its Head; Stretching the Department of State Letter; ''A Toothless, Clawless Lion''; More Federal Circuit Courts Deny Claims; 17 Uncle Sam in a Corner; Concern North of the Border; Suppression Down Under |
| Summary |
Capital cases involving foreigners as defendants are a serious source of contention between the United States and foreign governments. By treaty, foreigner defendants must be informed upon arrest that they may contact a consul of their home country for assistance, yet police and judges in the United States are lax in complying. Foreigners on America's Death Row investigates the arbitrary way United States police departments, courts, and the Department of State implement well-established rights of foreigners arrested in the US. Foreign governments have taken the United States into international courts, which have ruled that the US must enforce the treaty. The United States has ignored these rulings. As a result, foreigners continue to be executed after a legal process that their home governments justifiably find to be flawed. When one country ignores the treaty rights of another as well as the decisions of international courts, the established order of international relations is threatened |
| Bibliography |
Includes bibliographical references and index |
| Notes |
Embarrassing a President |
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Print version record |
| Subject |
Capital punishment -- United States
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Right to counsel -- United States
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Foreign law, Pleading and proof of.
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Conflict of laws -- Jurisdiction -- United States
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Defense (Criminal procedure)
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LAW -- Criminal Law -- General.
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Capital punishment
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Conflict of laws -- Jurisdiction
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Defense (Criminal procedure)
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Foreign law, Pleading and proof of
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Right to counsel
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Capital punishment.
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Consular law.
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Diplomatic protection.
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Criminal procedure.
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United States
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| Form |
Electronic book
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| ISBN |
9781108656597 |
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1108656595 |
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9781108552448 |
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1108552447 |
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