No death sentence for abnormal killers
Article Abstract:
Those who favor the death penalty should be able to agree it should only be used on people with enough responsibility and judgment to appreciate their acts are wrong. Mentally handicapped defendants at present often must rely on the diminished capacity defense, but most juries remain skeptical of its use. Capital trials tend to be emotionally charged, leading juries to ignore even overt cases of mental disorder. The Supreme Court's stating that mental disorders are mitigating factors has not prevented some such defendants from landing on death row. There should be verdicts of 'guilty, but mentally ill" and "guilty, but mentally retarded" and these should result in a sentence of life without parole.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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States deny treaty rights to foreign defendants; countries now are challenging convictions of foreign nationals denied assistance of consul
Article Abstract:
The Vienna Convention on Consular Relations states that foreign criminal defendants have the right to the assistance of their country's consul, but most state and local authorities violate the convention. No federal, state or local law requires compliance with this convention. States' non-compliance with the convention may be ending as more foreign governments are intervening to question convictions and death sentences. Criminal defense attorneys with foreign nationals as clients should remember such allies and insist that states follow their clients' treaty rights.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1996
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