Download An American Dilemma: International Law, Capital Punishment, by Mary Welek Atwell (auth.) PDF

By Mary Welek Atwell (auth.)

ISBN-10: 1349669997

ISBN-13: 9781349669998

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Additional info for An American Dilemma: International Law, Capital Punishment, and Federalism

Sample text

The majority found that Coleman’s appeals had been denied based on “independent and adequate state law” and that therefore the federal courts would not contradict that holding. The state law in question here was one which set a 30-day deadline for a prisoner to file a notice of appeal. Coleman’s notice had arrived on the thirty-third day. ”38 Several times, the court expressed the concern that without procedural default, the state would not have the opportunity to address and correct any violations of the prisoner’s rights.

7 The United States was an outlier on the issue—refusing to sign some agreements and supporting others only with reservations. ”10 They apparently believed that the United States could ignore the international norms and rules either because no other nation could force the United States to conform or maybe because its norms and rules were superior to the rest of the world. 11 While world opinion on capital punishment evolved in the late twentieth century, within the United States, the Supreme Court was crafting a complex body of law on the subject.

The religious debate changed from justifying a state’s right to kill to focusing on the individual’s right to live. 7 The United States was an outlier on the issue—refusing to sign some agreements and supporting others only with reservations. ”10 They apparently believed that the United States could ignore the international norms and rules either because no other nation could force the United States to conform or maybe because its norms and rules were superior to the rest of the world. 11 While world opinion on capital punishment evolved in the late twentieth century, within the United States, the Supreme Court was crafting a complex body of law on the subject.

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