Expert witness Juan Mendez, a professor
of human rights and international
law at the Washington College of Law of the American University in Washington, D.C., and a former United Nations Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment, testified that the Mandela Rules represent an objective standard for determining whether a person has been subjected to cruel, inhuman and degrading treatment; and, he said, «there has been quite a solid consensus that anything beyond 15 days is in violation of international standards... even with mitigating circumstances.&raq
law at the Washington College
of Law of the American University in Washington, D.C., and a former United Nations Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment, testified that the Mandela Rules represent an objective standard for determining whether a person has been subjected to cruel, inhuman and degrading treatment; and, he said, «there has been quite a solid consensus that anything beyond 15 days is in violation of international standards... even with mitigating circumstances.&raq
Law of the American University in Washington, D.C., and a former United Nations Special Rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment, testified that the Mandela Rules represent an objective standard for determining whether a person has been subjected to cruel, inhuman and degrading treatment; and, he said, «there has been quite a solid consensus that anything beyond 15 days is in
violation of international standards... even with
mitigating circumstances.»
Despite recognizing that some other courts have reached a different conclusion, the Ohio Supreme Court held that jury's weighing
of aggravating circumstances against
mitigating factors is not a fact - finding process, so it is not governed by Hurst, but even if it were, there was no
violation because Ohio
law requires the jury to unanimously agree that aggravating circumstances outweigh
mitigating circumstances beyond a reasonable doubt before the trial judge can consider imposing a death sentence.