Inapplicability of OAS Report to Death Penalty Case

2001 ◽  
Vol 95 (4) ◽  
pp. 880-881
Keyword(s):  
Death Penalty ◽  
Death Penalty Case

scholarly journals Does Custom Have A Source?

AJIL Unbound ◽  
2014 ◽  
Vol 108 ◽  
pp. 179-183 ◽  
Author(s):  
Daniel Bodansky
Keyword(s):  
Human Rights ◽  
International Law ◽  
Death Penalty ◽  
Political Rights ◽  
Customary International Law ◽  
Department Of State ◽  
International Court ◽  
Clear Idea ◽  
Death Penalty Case ◽  
The U.S

Customary international law often seems like a riddle wrapped in a mystery inside an enigma. According to Manley O. Hudson, even the drafters of the International Court of Justice Statute “had no very clear idea as to what constituted international custom.” The situation has not changed much since then.I got my first taste of the difficulties in identifying custom when I was a junior attorney at the U.S. Department of State and was assigned the task of preparing the U.S. submission in a juvenile death penalty case before the Inter-American Commission on Human Rights. The juvenile death penalty is prohibited by the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights, but the question in the Inter-American Commission case was whether it is also prohibited as a matter of customary international law.

Brain Studies Could Affect Death Penalty Case Outcome

2004 ◽  
Vol 39 (24) ◽  
pp. 10-34
Author(s):  
Christine Lehmann
Keyword(s):  
Death Penalty ◽  
Case Outcome ◽  
Death Penalty Case

The Institutionalization of Democratic Civil Society in Taiwan: A Case Study of NGOs Working on the Hsi-Chih Trio Case

Asian Survey ◽  
2009 ◽  
Vol 49 (4) ◽  
pp. 716-739
Author(s):  
Yijiang Karina Qian
Keyword(s):  
Civil Society ◽  
Death Penalty ◽  
Rule Of Law ◽  
Due Process ◽  
Death Penalty Case

A young democracy, Taiwan lacks agencies of horizontal accountability and aspects of a thick rule of law. This paper examines how an institutionalized, democratic civil society has held the antiquated judiciary vertically accountable for violations of due process in the famous Hsi-Chih Trio death penalty case.

The Anthropologist as Expert Witness in Death Penalty Mitigation

2010 ◽  
Vol 32 (4) ◽  
pp. 4-8 ◽  
Author(s):  
Susan Keefe
Keyword(s):  
Death Penalty ◽  
Environmental Effects ◽  
Expert Witness ◽  
Cultural Background ◽  
Well Water ◽  
Growing Up ◽  
Fall Semester ◽  
Entire Life ◽  
Death Penalty Case ◽  
E Mail

I was busy teaching classes one fall semester when I read an e-mail from a mitigation specialist with the Federal Public Defender appealing for help with a death penalty case. She was defending a client who she said was the direct descendent of Devil Anse Hatfield and Ellison Hatfield (of Hatfield and McCoy feud fame). In trying to determine how to use the client's cultural background as mitigation, she said she "didn't have a clue" if his being related to the Hatfield's was good or bad. The client had lived around coal mines his entire life, and they were researching the environmental effects of coal impoundment methods on well water. However, she wrote, "I am stuck when it comes to understanding how his cultural background (growing up in Appalachia) impacts his thinking and therefore his perspective on life." She asked for my help. Having experience as a cultural expert witness in previous death penalty cases, I volunteered to assist the defense team in making the case for life (as opposed to death) for the client.

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