Southern Criminology, Law and the ‘Right’ to Consular Notification in Australia, New Zealand and the United States
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Deakin University
Australia -
Deakin University Australia
Abstract
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.
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Author Biographies
Ms Sally Kennedy is a PhD Candidate in Criminology at Deakin University (Victoria, Australia). Her broad research interests include transnational justice administration, the relationship between international obligations and national courts, jurisdiction, territorial sovereignty, fairness for the accused, and comparative legal analysis. Her current research involves a legal case analysis of extradition procedures within Australia, Canada and the United States to illustrate issues reconciling an international agreement under existing domestic legislation. Her previous research involved an examination of the relationship between transnational online offending, extradition, autism, and the reluctance of national courts to shift the trial forum.
Senior Lecuturer in Criminology and Member of the Alfred Deakin Institute of Citizenship and Globalisation researching discourses of power associated with legal authority, surveillance, policing, securitization and in domestic and transnational contexts.