An American Dilemma

International Law, Capital Punishment, and Federalism

Authors: Atwell, M.

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About this book

An American Dilemma examines the issue of capital punishment in the United States as it conflicts with the nation's obligations under the 1963 Vienna Convention on Consular Relations. In a number of high profile cases, foreign nationals have been executed after being denied their rights under the Vienna Convention. The International Court of Justice has ruled against the United States, but individual states have chosen to defy international law. The Supreme Court has not resolved the question of legal remedies for such breaches.

About the authors

Mary Welek Atwell is Professor Emerita of Criminal Justice at Radford University, USA. She holds a PhD in American History from Saint Louis University, USA. She is the author of two previous books and several articles dealing with capital punishment.

Reviews

"An original and creative examination of how America's 'machinery of death' is not only out of step with international norms, but international law as well. This book is a necessary addition to the library of any scholar who wants to understand the full legal ramifications of state-sanctioned death." - Todd C. Peppers, Henry H. & Trudye H. Fowler Chair, Associate Professor of Public Affairs, Roanoke College, USA

"The complex national and international implications of the death penalty are typically obscured by Americans' acceptance of federalism-based state prerogatives concerning the imposition of criminal punishments. In An American Dilemma, Mary Welek Atwell remedies scholars' neglect of capital punishment's broader implications by illuminating legal issues and practical consequences that affect international relations and the place of the United States in the world community." - Christopher E. Smith, Professor of Criminal Justice, Michigan State University, USA

"'Finality' and 'federalism' are legal concepts the Supreme Court has elevated to insulate state death penalty procedures from federal judicial scrutiny. The concepts play a large role in the recent history of state execution of foreign nationals, executions that violate international law. Expertly weaving together US death penalty jurisprudence and the clash of state, federal, and international actors, Mary Welek Atwell paints a compelling picture not of American exceptionalism, but of exemptionalism from international standards." Paul Parker, Professor of Political Science, Truman State University, USA


Table of contents (9 chapters)

  • Introduction

    Atwell, Mary Welek

    Pages 1-7

  • American Exceptionalism

    Atwell, Mary Welek

    Pages 9-22

  • The Legal Framework: Capital Punishment Law and the Rights of Foreign Nationals

    Atwell, Mary Welek

    Pages 23-39

  • The Execution of a Foreign National: The Case of Angel Breard

    Atwell, Mary Welek

    Pages 41-63

  • The Execution of a Foreign National: The Case of Joseph Stanley Faulder

    Atwell, Mary Welek

    Pages 65-80

Buy this book

eBook $79.99
price for USA (gross)
  • ISBN 978-1-137-27037-5
  • Digitally watermarked, DRM-free
  • Included format: PDF, EPUB
  • ebooks can be used on all reading devices
  • Immediate eBook download after purchase
Hardcover $100.00
price for USA
  • ISBN 978-1-137-27036-8
  • Free shipping for individuals worldwide
  • Usually dispatched within 3 to 5 business days.

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Bibliographic Information

Bibliographic Information
Book Title
An American Dilemma
Book Subtitle
International Law, Capital Punishment, and Federalism
Authors
Copyright
2015
Publisher
Palgrave Macmillan US
Copyright Holder
Palgrave Macmillan, a division of Nature America Inc.
eBook ISBN
978-1-137-27037-5
DOI
10.1057/9781137270375
Hardcover ISBN
978-1-137-27036-8
Edition Number
1
Number of Pages
VII, 189
Topics