Is lethal injection cruel and unusual punishment?
The Supreme Court issued a stay of execution yesterday for a man on death row in Virginia. Analysts are calling the court's action a de-facto moratorium on lethal injection, which is the method of execution used in all but one of the states with the death penalty.
The stay of execution comes after the Supreme Court announced in September that it would hear a case about lethal injection during its current session. That case, Baze v. Rees, will take up the question of whether the three-drug process used to execute death row inmates is cruel and unusual punishment. (One of the drugs can cause extreme pain.)
As the SCOTUS blog points out, the court's actions with regard to the lethal injection question are extraordinary -- the court hasn't taken up the constitutionality of a method of execution since at least 1890.
One court watcher is already speculating that Baze will lead to the court ruling that at least one form of lethal injection is unconstitutional.
Odd fact pulled from that WaPo story linked up top: of the 38 states that have the death penalty, Nebraska is the only one that doesn't use lethal injection. It uses electrocution.
-Greg Dahlmann
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Putting aside the issue of the death penalty per se: It does seem to me that the method used should be more up to date and designed to ensure a general anesthetic effect prior to death. Even as part of a generally valid procedure the use of a paralytic is a concern. There might also be more public assurance that the people delivering these drugs are qualified--they may be, they may not be, this doesn't seem to be clear.
- by emily on Oct 19, 2007 at 9:46 AM | link
I think lethal injection is good becaue it kills people who have killed someone else so they deserve it.
- by lauren killough on Dec 5, 2007 at 12:52 PM | link
I think that rather misses the point of whether it is a cruel killing method or not.
- by emily on Dec 5, 2007 at 1:37 PM | link
These people should not have lawyers that can go before the SUPREME COURT and try to change the state law. What the heck? And the two "inmates" are each convicted of Double Homicide. A Sherrif, deputy, husband and wife are all dead. Murdered in cold blood by these animals and you want me to feel sorry that they MAY feel a bit of burning sensation seconds before they die? Why? Why do I care? I think they are getting off easy! They have a climate controlled roof over their head, indoor plumbing, a bed to sleep in, 3 meals a day, television, books, family visits and this is their punishment for MURDERING strangers in cold blood? I know single hard working mothers and fathers who don't have it that good. How twisted our judicial system has come to be! I hope and pray the Supreme Court has some sense left and doesn't change the law on Lethal Injection.
- by Lydia on Jan 7, 2008 at 9:07 PM | link
Point, the missing thereof.
*If* it is okay to kill people should we do it painlessly or cruelly? If cruelly is okay are we better than the people we are executing?
- by emily on Jan 8, 2008 at 2:05 PM | link
one of the drugs that is used for letha injection (thiopenthal) is an ultra short acting barbituate that may wear off causing anesthesia awareness and lead to consciousness and excruciating painful death where in the inmate is un able to express their pain and cry out because they have been rendered paralyzed by the paralytic agent. If you don't thisnk that is cruel and unusual you are just as bad as the murderers you love to hate.
- by paige on Feb 13, 2008 at 10:55 AM | link