Morgan Institute

for Human Rights

GERMANY V. U.S.:  THE LaGRAND DEATH PENALTY

Howard Tolley, Jr., University of Cincinnati

Synopsis

In deciding whether to respect the 1999 ICJ decision ordering a delay in Walter LaGrand’s execution, U.S. and Arizona officials confronted the globalization of criminal procedure.  Death penalty abolitionists used international treaties binding on the U.S. to challenge the execution of a foreign national denied timely notice of his right to consular assistance.  At a time the U.S. finds that Shariah penalties of stoning to death and amputation violate universal human rights, Arizona allowed a German national to choose execution by lethal gas.  The LaGrand case challenged the national executive, federal courts, and state government to make policy and legal decisions on compliance with international law.  This teaching case might be used as a course module on international or U.S. Constitutional Law, criminal procedure, the death penalty, interest group and NGO litigation strategy, and global human rights. Instructors who wish to arrange an ICJ moot court, a U.S. Supreme Court simulation, Clemency Board role play, or cabinet level debate should consult the appendix listing key decision makers on the ICJ, U.S. Supreme Court, the NGO advocates, and responsible officials from Germany, the U.S., and Arizona.  The author solicits feedback on this first draft of the problem in fall 2002 when he plans initial pilot tests as well as preparation of interactive self-assessment items and a Teaching Note. Please address comments and suggestions to Howard.Tolley@uc.edu

The case is also available for printing in a single file.

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