Open AccessSouthern Criminology, Law and the ‘Right’ to Consular Notification in Australia, New Zealand and the United States
Author(s) -
Sally Kennedy,
Ian Warren
Publication year - 2018
Publication title -
international journal for crime, justice and social democracy
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.36
H-Index - 16
eISSN - 2202-7998
pISSN - 2202-8005
DOI - 10.5204/ijcjsd.v7i4.1082
Subject(s) - law , suspect , political science , nationality , criminology , criminal justice , perspective (graphical) , convention , economic justice , foreign national , criminal law , international law , sociology , immigration , artificial intelligence , computer science
This paper investigates the implementation of Article 36 of the Vienna Convention on Consular Relations in Australia, New Zealand and the United States (US) by using a Southern approach to examining law. We describe the incorporation of Article 36 from a defendant-centred perspective under Australian and New Zealand laws governing police procedure, and the commensurate jurisdictional tensions it has generated in the US. We then empirically analyse 16 non-capital US cases to identify the type of offence, the nationality and perceived English-speaking competency of the foreign suspect, and the point at which the alleged Article 36 violation is canvassed in legal arguments. This analysis highlights the importance of a defendant-centred Southern criminology of law in critically assessing the implementation of international legal requirements into domestic criminal justice practice.