By Mary Welek Atwell (auth.)
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Additional info for An American Dilemma: International Law, Capital Punishment, and Federalism
Nor had the Paraguan consul been aware of Breard’s arrest until 1996. Breard argued that he had not known of his rights under the Vienna Convention, that the Virginia authorities had not informed him of those rights, and therefore he could not invoke them earlier in the proceedings against him. He was not provided with a lawyer familiar with international law until the habeas phase of his appeals and his attorney had only learned of the Vienna Convention after the Fifth Circuit ruled in Faulder v.
In 1990, the Organization of American States adopted the Protocol to the American Convention on Human Rights to Abolish the Death Penalty. Although the United States did not ratify the document, the signatories agreed that member states should abstain from the use of the death penalty. The only exception was for “extremely serious” wartime crimes. The United T h e L e g al F r am e wo r k 25 Nations Commission on Human Rights in 1998 asked all retentionist countries to consider suspending executions with a view to abolishing capital punishment altogether.
In effect, AEDPA reduces the docket of the federal appeals courts by cutting off the routes available to prisoners who have claims of actual innocence as well as those who raise due process issues. It is T h e L e g al F r am e wo r k 37 especially damaging to those who are in that predicament because of incompetent or inadequate representation. Such persons are disadvantaged because their claims, such as those invoked under the Vienna Convention, were not raised properly in the state courts or because their putative advocate failed to meet the deadlines for appeals.
An American Dilemma: International Law, Capital Punishment, and Federalism by Mary Welek Atwell (auth.)