The International Perspective, Part 2

One of the most successful tactics used by countries is to deny extradition. More and more foreign governments are demanding strict assurances from the U.S. that extradited criminals will not face the death penalty once they are returned. Canada, Mexico, and the United Kingdom-all considered to be the United States' closest allies-regularly refuse extradition when the death penalty may come in to play. The most notable case of denying extradition is the case of convicted murderer Jens Soering, a West German national who fled from Virginia to the U.K. in 1989. After his capture, the U.K. refused extradition until the U.S. agreed not to pursue capital charges. The U.S. finally relented and Soering is now serving a life sentence in Virginia. This case quickly became the benchmark for other countries to reject extradition based on the possibility of a death sentence.

Although the overall result of international pressure has been limited, the intangible effect should not be discounted. Beyond raising the level of awareness elsewhere in the world, the international opinion of the death penalty-and of the United States' use of the death penalty-has crept into the consciousness of the decision-makers in the U.S: in the 2002 landmark case of Atkins v. Virginia, the Supreme Court cited international standards as one reason why they chose to outlaw executions of mentally retarded defendants.

Whether or not this international anti-death penalty stance will have more of an impact in the future still remains to be seen. However, it is unlikely that the U.S. will be able to remain truly detached in the face of an international consensus.

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