NCJ Number
129954
Journal
New England Journal on Criminal and Civil Confinement Volume: 16 Issue: 2 Dated: (Summer 1990) Pages: 339-368
Date Published
1990
Length
30 pages
Annotation
This analysis of international opinion regarding capital punishment concludes that courts in the United States should examine international law and opinion when addressing the validity of the death penalty under the eighth amendment's prohibition of cruel and unusual punishment.
Abstract
The European Court on Human Rights has declared that the current death row situation in the United States violates Article 3 of the European Convention on Human Rights which guarantees adherence by members of the Council of Europe to principles set forth in the Universal Declaration of Human Rights. Thus, in 1989 the Court declared in Soering v. United Kingdom that the United Kingdom could not extradite a prisoner to the United States to face charges on a capital offense. The case shows that international courts feel compelled to admonish the United States for its continued use of capital punishment, contrary to the growing international rejection of its use. The United States remains only one of a small number of nations that regularly uses the death penalty. The United States needs to recognize that as a member of the international community, it must begin to adopt and assimilate international standards when considering issues related to the eighth amendment. 202 footnotes