Juan Raul Garza was convicted for the capital offence of multiple homicides in furtherance of a criminal enterprise (drug trafficking in this case). Several pieces of US federal legislation in the 80’s and 90’s expanded crimes that could be considered punishable by death including certain drug-related offenses. Part of the deliberations by the jury in determining his sentencing included the consideration of aggravating factors. The State presented evidence to suggest that he was guilty of 4 other murders in Mexico though no Court had determined criminal responsibility. However, the State assigned his guilt based on a US Customs investigation. The jury took this information into account in determining his death sentence and the Commission held this was in violation of his right to a fair trial since his guilt was never determined though was presumed for determining his punishment.
Citation: Juan Raul Garza v. United States (Report) IACHR (04 April 2001) Report No. 52/01