PAIL Institute Publications

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Materials on International Human Rights and U.S. Criminal Law and Practice

Author(s): Hannum, Hurst, Richard B. Lillich and Stephen A. Saltzburg

Softcover - 152 pages (1989)
ISBN: 0-9615124-23

Price: US $25.00 (Softcover)

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About This Publication

Lawyers, criminologists, and sociologists have long been interested in comparative systems of criminal justice, and practitioners should be more knowledgeable about the possible application of foreign or international law in U.S. Courts. Materials on International Human Rights and U.S. Criminal Law and Practice analyzes the current content of "international due process" and its possible impact in the United States, with extensive references to European and international jurisprudence.

While the procedural guarantees available to an accused in the United States are generally broader and more detailed than those guaranteed internationally, international law does offer some advances over present U.S. law. It is hoped that the United States will expand its own protections where necessary to keep pace with internationally recognized rights, as well as increase its contribution to defining those rights by ratifying the major human rights treaties and participating in the process of their interpretation.

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About The Author(s)

Hurst Hannum is Professor of International Law at The Fletcher School of Law and Diplomacy of Tufts University. A graduate of Boalt School of Law at the University of California, Berkeley, he served as Executive Director of The PAIL Institute from 1980 to 1989 and was a Jennings Randolph Peace Fellow of the United States Institute of Peace. He has served as counsel in cases before the European, Inter-American, and UN human rights bodies and has been interviewed frequently by national and international media on human rights and international legal issues.

A founder and President of The PAIL Institute from 1965 until his death, Richard B. Lillich (1933-1996) was a widely-acclaimed international law scholar, teacher, and practitioner. He authored scores of books and articles and frequently served as a consultant to the Office of the Legal Advisor of the US. Department of State. A world-renowned expert in several fields-including human rights, international economic law, and the law of state responsibility — he was unsurpassed in his knowledge of international claims.

Steven A. Saltzburg is the author of a leading casebook, American Criminal Procedure, and is Class of 1962 Professor of Law at the University of Virginia Law School.

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Materials on International Human Rights and U.S. Criminal Law is available from:

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Table of Contents

Preface				i
Introduction				1
	Impact of International Human Rights Law in U.S. Courts			2
		The Treaty Power		2
		Customary International Law		4
		Federal Laws		8
		State Laws and Constitutions		10
	Sources of International Human Rights Law			12
	Jurisdiction and Powers of International Human Rights Bodies			15
"Liberty"				17
Arrest and Bail				25
	Suspects' Rights			25
	Judicial Oversight of Arrest and Initial Detention			26
	Detention on Remand and Bail			30
Detention				35
	"Reasonable" and "Lawful" Detention			37
	Detention of the Mentally Ill			38
	Detention to Secure the Fulfillment of a Legal Obligation			43
	Other Justifications for Detention			46
Habeas Corpus				49
Eighth Amendment Concerns				59
	Cruel and Unusual Punishment			59
	Prison Conditions			63
	Sentencing			70
	Capital Punishment			71
Fair Trial				79
	Independent and Impartial Tribunal			81
	Right to Counsel			85
	Presumption of Innocence			89
	"Equality of Arms" Between Prosecution and Defense			92
	Standards of Evidence			96
		Search and Seizure/Right to Privacy		99
		Search and Seizure/Right to Privacy		99
		Self-Incrimination		102
	Prejudicial Publicity and Public Trials			103
	Trial Within a Reasonable Time			105
	Criminal Versus Other Proceedings			109
		Disciplinary Proceedings		109
		Decriminalized or Regulatory Offenses		113
	Double Jeopardy			115
Prisoners' Rights				117
	Access to the Courts			117
	Correspondence			118
	Freedom of Information			120
	Rights to Family and Marriage			122
	Administrative Segregation and Transfer			124
	Parole			125
	Other Rights			130
Concluding Observations				133
Appendix I: Documentary Sources for International Cases and Materials				137
Appendix II: Excerpts from Selected Texts				141
	Constitution of the United States			141
	Covenant on Civil and Political Rights			143
	American Convention on Human Rights			146
	European Convention on Human Rights			149
	African Charter on Human and Peoples' Rights			151