Posted on 07/31/2008 6:59:34 PM PDT by instantgratification
The United States is fast approaching a showdown over its commitment to the rule of international law as Texas prepares to carry out the scheduled Aug. 5 execution of convicted killer and rapist Jose Medellin. On July 14, the International Court of Justice at The Hague ordered the US government to "take all measures necessary" to prevent the execution of Mr. Medellin and four other Mexican nationals awaiting execution dates on death row in Texas. . . Medellin admitted involvement in the gang rape and murder of two girls. The girls, ages 14 and 16, took a shortcut home through the woods, where they were spotted by members of a street gang. Medellin and other gang members chased the girls, raped them, and then killed them to prevent them from reporting the crime. . . A measure was introduced in Congress, but there has been no effort to pass the bill, or even debate it. Analysts say the issue is radioactive in an election year.
(Excerpt) Read more at csmonitor.com ...
“Congress may have intervened..’
On what legal basis could Congress have intervened? When the Federal Government tried to order the State of Texas to review the case the US Supreme Court ruled that the Executive Branch of the Federal Government had no jurisdiction in the matter. They ruled it was a matter for the Texas courts, legislature to handle. Additionally, the Governor does not have the authority to commute his sentance, Texas has a state board of pardons that has that authority.
I believe the US consulate does say if you commit a crime in a foreign country, you will face that jurisdiction’s laws. But they can help with access to lawyers, etc.
I think the US concern is about innocent people who get caught in situationa abroad.
As an example, there was a Canadian woman, Brenda Martin, who worked as a cook for a Canadian criminal (pyramid scammer) in Mexico. She was held in jail for 2 or 3 years before she was finally released, only after diplomatic intervention (Technically, she was convicted and sent to serve her sentence in Canada. Even the scammer, who was sentenced in the US (where most of his victims were) said she had nothing to do with his scheme, and he’d fired her before he was arrested. But, in Mexico, you’re innocent until proven guilty.
Call me old fashioned, but an “error” is using drugs, or speeding. An error is not gang raping 2 young girls (14 and 16), then strangling them.
That just proves he has no conscience.
I believe Justice Stevens stated that Texas could not be compelled to follow the World Court decision, but that they should review it (to fulfill treaty obligations).
The World Court didn’t stated Medellin could not be executed, only that his trial should be reviewed to ensure it was “fair”. I think the appeals process basically covered that.
Treaties take precedence over state rights.
Here is a legal analysis -
http://www.legalweekblogs.com/legalvillage/2008/03/medellin_case_shows_theres_no.html
how absolutely disgusting... on top of that, i am sick of society thinking of 18-30 year olds as kids... this guy was a man at the time of the murders...
Not being a lawyer I can’t be sure, but if it is a legal matter then its for the Courts to intervene, not Congress. And the Supreme Court has already struck down the attempt by the Executive Branch to intervene. So what’s left?
Because it is a treaty matter (Vienna Convention), Congress can intervene.
I’m not sure what Congress can legally do, pass a law saying that Texas cannot execute this man? Again, the US Supreme Court has already ruled on this matter and told President Bush that the Federal government cannot interfere with how Texas enforces its own laws.
If Congress enacted a statute which implemented the treaty, then it would supersede the Texas courts. That is what the SCOTUS found in its judgment on this case. The fact there currently is no such statute is why Texas did not have to adhere to the World Court ruling.
Sounds like Federalism to me.
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