Defending a foreign citizen facing the death sentence in the United States is a challenging task for any attorney. The obstacles for lawyers include the language barrier, cultural difference, lack of trust from a foreign national, and the necessity of traveling to conduct extensive life history investigation on a client (Kuykendall et al., 2008). Although Mexico developed robust legal assistance to its citizens abroad, there were several death-sentence cases when U.S. authorities failed to inform Mexican defendants about their right to consulate support (Kuykendall et al., 2008). For example, in the case of Gerardo Valdez, discussed by Kuykendall et al. (2008), the court did not provide the defendant with information about his right to financial and legal assistance from his consulate. The later intervention of the counsel into this case resulted in re-sentencing him to life imprisonment. Furthermore, the article states that Mexico provides appropriate assistance to the defense team in the respondent’s life-history investigation because background investigation may find mitigating factors for revising the death sentence. All these measures were developed in Mexico because of the government’s awareness of cultural and social factors that may cause criminal behavior.
Many Mexican defendants face difficulties, including poverty and abuse, which seem to contribute to their criminal propensities. Mexican immigrants experience tremendous discrimination by appearance and language in the United States (Updegrove et al., 2020). Investigation of the respondents’ life history often reveals mental disorders and childhood abuse as contributing factors to their adult criminal behavior (Kuykendall et al., 2008). I found the article by Kuykendall et al. (2008) helpful because it provides a structured analysis of legal interaction between the U.S. jurisdiction, Mexican respondents, and Mexican consulate. This article highlights the importance of evaluating social and cultural factors that may result in a crime. For example, from my previous internship experience in a biotechnology company, I noticed that many Mexican workers lack education, have various mental and physical health issues, and possess poor housing conditions. Developing an agreement between Mexico and the U.S. about providing appropriate support to the immigrants may prevent unlawful acts. Finally, Mexico should introduce social work with their citizens to improve housing conditions and mitigate adverse effects of abuse on mental health, resulting in a reduction in criminal behavior inside and outside the country.
References
Kuykendall, G. J., Amezcua-Rodriguez, A., & Warren, M. (2008). Mitigation abroad: Preparing a successful case for life for the foreign national client. Hofstra Law Review, 36(3), 989–1018. Web.
Updegrove, A. H., Shadwick, J. T., O’Neal, E. N., & Piquero, A. R. (2020). “If they notice I’m Mexican”: Narratives of perceived discrimination from individuals who crossed the U.S.-Mexico border at ports of entry. Deviant Behavior, 41(4), 458–482.