An American court can sentence a foreign national to death, although international law requires that certain procedures be followed.
In April, Luis Bracamontes was sentenced to death for killing two police officers in October 2014. Bracamontes, a Mexican national who is in the United States illegally, committed these crimes during a daylong crime spree. He also shot a passing motorist five times. During his sentencing, Bracamontes had to be removed from the courtroom as he yelled, screamed racial epithets, and shouted obscenities.
This case raises an important legal question: can American courts sentence people who aren’t citizens to death? What if their own country does not have the death penalty?
As a skilled Los Angeles murder defense attorney can explain, the United States is one of just 54 countries across the world that still has the death penalty; 141 countries have either abolished it entirely, or have a policy or practice of no longer carrying out executions. Mexico does not have the death penalty, and it routinely defends its citizens who are charged with capital crimes in the United States.
Nevertheless, American police and prosecutors have continued to charge foreign nationals with capital crimes — including Mexican citizens, as in the case of Luis Bracamontes. According to a Los Angeles murder defense attorney, if a foreigner is arrested for an offense in the United States, they are entitled to certain rights under international law. Under Article 36 of the Vienna Convention on Consular Rights, law enforcement must notify foreign citizens who have been detained “without delay” of their right to have their consulate notified of their detention, and of their right to communicate with their consular representatives. If the suspect requests to speak to his or her consulate, law enforcement must notify the consulate without delay, and must facilitate communication and grant access. Consuls can arrange for their nationals’ legal representation, even without consent of the person who has been arrested.
While local authorities are required to notify foreign nationals of their right to notify their consulate, in practice, this often does not occur. As a Los Angeles murder defense attorney can explain, many law enforcement officers simply ignore this requirement. A judgment from the International Court of Justice in the case of Avena and Other Mexican Nationals found that the United States failed to notify Mexican National defendants of their right to have their consulates notified of their detention in 51 out of the 52 reviewed cases — all of which involved the death penalty. This represents a 98% failure rate. Mexico has argued that American law enforcement’s failure to honor the law makes the execution of Mexican citizens illegal.
California is one of 31 states where the death penalty is legal. Whether you agree or disagree with the imposition of capital punishment for serious crimes like murder, when the stakes are so high, all rules should be followed. Everyone is entitled to due process, and a fair trial — and that includes making sure that foreign nationals have the assistance that they may need from their consuls.
If you have been charged with murder or another serious offense, you will need a highly skilled, aggressive lawyer. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a Los Angeles murder defense attorney.
