Skip to main content

Supreme Court Allows Lethal Injection for Execution


The Supreme Court on Wednesday upheld Kentucky’s method of putting criminals to death by lethal injection, not only clearing the way for Kentucky to resume executions but ending an unofficial moratorium in the 35 other states that have the death penalty। However one justice predicted that the ruling would not end disputes over lethal injection and could reignite the debate over capital punishment itself.


By 7 to 2, the court rejected challenges to the Kentucky execution procedure brought by two death-row inmates, holding that they had failed to show that the risks of pain from mistakes in an otherwise “humane lethal execution protocol” amounted to cruel and unusual punishment, which is banned by the Constitution.

The prisoners had contended that the three-drug procedure used on death row — one drug each to sedate, paralyze and end life — was unconstitutional, and that in any event there were strong indications that Kentucky had bungled some executions, creating unnecessary pain for the condemned. Through their lawyers, they maintained that problems could be largely solved by administering a single overwhelming dose of a barbiturate, as opposed to the three-drug procedure.

The prisoners’ challenge had implications far beyond Kentucky. Of the 36 states with the death penalty, all but Nebraska, which uses the electric chair, rely on the same three-drug procedure that Kentucky uses. So does the federal government. Now, with the Kentucky challenge disposed of, other states that had set aside executions seem poised to begin them again.

Gov. Tim Kaine of Virginia quickly announced that his state would lift its moratorium on executions, and the Rev. Pat Delahanty, head of the Kentucky Coalition to Abolish the Death Penalty, said, “We’re going to be facing some executions soon,” The Associated Press reported.

Executions across the country have been on hold since last September, when the Supreme Court decided to take the Kentucky case. About two dozen executions did not go forward as scheduled while the case was pending, death penalty opponents told the A.P. Because pre-execution procedures can be time-consuming, there was no immediate way to gauge how quickly they might resume. One prisoner who could be facing death soon, in view of the Governor Kaine’s remarks, is Edward Bell, who is on Virginia’s death row for killing a Winchester police officer. Mr. Bell’s execution had been set for April 8.

In a decision written by Chief Justice John G. Roberts Jr., which weighed the Kentucky prisoners’ claims that they faced an unacceptably high risk of suffering at the hands of their executioners, the court concluded that “Kentucky’s continued use of the three-drug protocol cannot be viewed as posing an ‘objectively intolerable risk’ when no other state has adopted the one-drug method and petitioners have proffered no study showing that it is an equally effective manner of imposing a death sentence.”

The prisoners who brought the challenge were Ralph Baze, who killed a sheriff and a deputy who were trying to serve him with a warrant, and Thomas C. Bowling, who killed a couple whose car he had damaged in a parking lot.

The procedure that they challenged uses a barbiturate, then pancuronium bromide, a paralyzing agent, followed by potassium chloride, which stops the heart and brings about death — but with terrible pain if the barbiturate does not work as intended, the condemned men’s lawyers maintained. And because of the paralyzing agent, a prisoner could appear peaceful and relaxed even while suffering, they argued.

Lawyers for the prisoners contended that the barbiturate-only method is widely used by veterinarians, who are barred in many states from using the same paralyzing agent employed in executing people. But the court rejected that argument, stating that “veterinary practice for animals is not an appropriate guide for humane practices for humans.” The six justices who concurred in the judgment — with varying degrees of agreement — were Anthony M. Kennedy, Samuel A. Alito Jr., John Paul Stevens, Antonin Scalia, Clarence Thomas and Stephen G. Breyer.

Alluding to the Eighth Amendment’s prohibition of cruel and unusual punishment, the court said history leads to the conclusion that “an execution method violates the Eighth Amendment only if it is deliberately designed to inflict pain,” a standard that bars disemboweling, burning alive and other excruciating ways of bringing about death. “Judged under that standard, this is an easy case,” the court held.

But the deliberations were not easy, if the number of opinions is any indicator. Although seven members concurred in the judgment of the court, only Justices Kennedy and Alito (who filed a concurring opinion of his own) joined Chief Justice Roberts’s opinion. Justices Scalia and Thomas joined each other’s concurring opinions.

Justices Ruth Bader Ginsburg and David H. Souter dissented from the court’s judgment. “I would not dispose of the case so swiftly given the character of the risk at stake,” Justice Ginsburg wrote, declaring that she would have sent the case back to the Kentucky courts for further scrutiny of the condemned men’s claims.

Perhaps most interestingly, Justice Stevens filed an opinion concurring in the judgment of the court, but by no means embracing capital punishment. Indeed, he asserted that recent decisions by state legislatures, Congress and the Supreme Court itself to preserve the death penalty “are the product of habit and inattention rather than an acceptable deliberative process that weighs the costs and risks” of the ultimate punishment.

Justice Stevens noted that in the 1976 decision in which the Supreme Court upheld the constitutionality of capital punishment, Gregg v. Georgia, the court declared that “three societal purposes” justified the death penalty: “incapacitation, deterrence and retribution.”

“In the past three decades, however, each of these rationales has been called into question,” Justice Stevens said. The possibility of a life sentence without parole, he said, has often caused people to soften their positions in favor of inflicting death.

“Full recognition of the diminishing force of the principal rationales for retaining the death penalty should lead this court and legislatures to re-examine” the ultimate question, Justice Stevens wrote, using a phrase used by a former Texas prosecutor and judge: “Is it time to kill the death penalty?”

Coming from Justice Stevens, those words could be especially significant. The justice (who will turn 88 on Sunday) was one of the seven justices who voted in 1976 to uphold capital punishment. Since then, he has heard many challenges to various aspects of the death penalty and the “evolving standards of decency” often invoked by its opponents. In 2002, Justice Stevens was in the majority as the court ruled that mentally retarded killers could not be executed, and in 2005 he was in the majority as the court banned the death penalty against juvenile offenders.

Deborah Denno, a Fordham University law professor, said further death-penalty litigation is all but certain in light of the court’s “heavily splintered” opinions on Wednesday, in part because the court recognized that “a risk of harm can qualify as an Eighth Amendment violation.”

On Wednesday, after handing down their opinions in the Kentucky case, the justices heard arguments in a death penalty case from Louisiana. The question was whether the Constitution allows capital punishment for the rape of a child who is not killed.

Source : The New York Times

Comments

Most viewed (Last 7 days)

USA | What happens in the final weeks before an execution? These reporters were inside the room.

The journalists behind ‘The Last 12 Weeks’ earned extraordinary access to a death penalty defense team—and faced difficult ethical choices Many defense lawyers are naturally cagey. They work in a pressure cooker, protecting their clients’ rights while fighting for the best possible outcome. And arguably, the stakes can’t get any higher than trying to save a client’s life. So no, defense lawyers don’t usually invite journalists into strategy meetings. But that’s what happened when Marshall Project reporter Maurice Chammah and Serial Productions senior producer Alvin Melathe spent the final few months before a Texas execution embedded with a capital defense team.

North Korea | 'I was only 9': North Korean defector recalls childhood memory of public execution

Kim Eun-joo was 9 years old when her teacher stopped their lesson and told the class to follow her outside. The children were marched to a public execution ground in North Korea. “I would cry even when our family dog died,” Kim said in a recent interview with The Korea Times. “But the first time I watched humans killing a human, I had no words for what I was feeling. It was the most brutal scene I have ever seen, in any movie or in real life.” The memory has stayed with her ever since. Now a human rights advocate after defecting from North Korea, Kim recently brought that childhood scene to the 9th World Congress Against the Death Penalty in Paris, where North Korea’s use of public executions and capital punishment was officially placed on the agenda for the first time.

19 July 1943 | Auschwitz's Largest Public Hanging: 12 Polish Prisoners Executed in Escape Reprisal

OSWIECIM, Poland — The SS carried out the largest public hanging in Auschwitz history on July 19, 1943, executing 12 Polish prisoners before other inmates as collective punishment for escapes and civilian contacts. The victims, all from the camp’s surveyors’ labor unit, were hanged on gallows built in front of the camp kitchen during an Auschwitz I roll call. The SS orchestrated this reprisal following prisoner escapes from the surveyors’ detail and unauthorized communication between inmates and civilians. Camp authorities used the recent escapes as a pretext to impose collective punishment.

Texas: The inmates who refused to die quietly and had to be gassed out of their cells before execution

Former crime reporter Michelle Lyons, who witnessed nearly 300 executions in Texas, US, reveals the desperate acts of death row prisoners who refused to accept their fate After spending years or often decades locked up in a tiny cell for 23 hours a day, most Death Row inmates go willingly to their executions. However, some refuse to die quietly - with officers forced to gas them out of cells, strap up their heads and even give chase across prison grounds. Michelle Lyons, who has witnessed nearly 300 executions in Texas, US, exclusively tells Sun Online how certain inmates "fight like hell" in their last moments. On most occasions, Michelle watched from the witness area, with the killers already on the gurney - the stretcher where they'd be given a lethal injection. Seven prisoners once tried to escape from the Row in Huntsville - with one shoving magazines and newspapers under his clothes to help him roll over razor-wire fences. Others have had to b...

Japan: Capital punishment for a minor

Death chamber at Tokyo Detention Center The Supreme Court's recent decision to uphold the death sentence given in a lay judge trial to a 24-year-old man for murders he committed when he was a minor raises questions about the lay judge trial system and capital punishment. These include whether the lay judges correctly understood the spirit of the Juvenile Law in sentencing the defendant to death. It was the 1st death sentence handed down on a minor in a lay judge trial. The murders took place in Ishinomaki, Miyagi Prefecture, in 2010 when Yutaro Chiba was 18 - meaning he fell under the purview of the Juvenile Law. Chiba was convicted of entering his ex-girlfriend's house and stabbing to death the girl's sister and a female friend of the girl with a butcher knife, seriously injuring a male friend of the sister and abducting the girl. Prosecutors said Chiba killed the victims because they were trying to separate him and his former girlfriend. Since Chiba pleaded n...

Former Florida cop to be executed on same day as 80-year-old Pasco man

In an unprecedented move in the modern history of capital punishment, Gov. Ron DeSantis on Tuesday cleared the way for 2 executions to occur on the same day.  DeSantis reset the execution of James Duckett, whose execution earlier this year was stayed amid efforts to secure DNA testing and analysis of evidence in his case.  Duckett’s execution was reset for July 28. That is the same day previously set for the execution of Dominick Occhicone.  Court records indicate that Duckett’s execution is scheduled for noon. Occhicone’s is set to follow at 6 p.m. 

Idaho | Death row prisoners sue over state's new firing squad

BOISE (Idaho Statesman) – Days after Idaho made the switch to a firing squad for executions, two Idaho death row prisoners next in line to be put to death sued the state prison system, saying its director withheld information about how she settled on the specifics for carrying out the method. Attorneys for prisoners Thomas Creech and Gerald Pizzuto filed suit this week in state district court against Idaho Department of Correction Director Bree Derrick. In the filing, they called her approval of an updated standard operating procedure for the firing squad and lethal injection as a backup method “arbitrary, capricious, or an abuse of discretion and in excess of the statutory authority of the agency.”

Florida executes Dennis Sochor

Man, 74, becomes oldest inmate executed in Florida in state’s 10th lethal injection this year  Florida put to death one of its oldest prisoners in its history on Tuesday, a 74-year-old convicted murderer who was 1 of 3 older inmates scheduled for execution within the span of a month in the nation’s busiest death penalty state.  Dennis Sochor was pronounced dead at 6:16 p.m. following a 3-drug injection at Florida State Prison near Starke, the office of Republican Gov. Ron DeSantis said. He was convicted of killing a woman on Jan. 1, 1982, just hours after meeting her at a New Year’s Eve party. 

Florida | Former warden recalls botched electrocution that left him battling PTSD for 13 years and turned him into an abolitionist

Ron McAndrew anticipated it would be just another standard execution. He had been assigned to carry out the death of Cuban refugee Pedro Medina via electric chair within the confines of Florida State Prison. Fifteen years had passed since Medina's conviction for the murder of 52-year-old Dorothy James, and McAndrew's responsibility was to oversee the administration of lethal electrical currents to his brain. Having already supervised two previous executions using the identical procedure and raised in a community that strongly supported capital punishment, he expected a swift conclusion with justice delivered.

Oldest inmate set to be executed in Florida will face strict spending limit for final meal

An entire category of food is also off-limits for final meal requests in Florida Florida is currently preparing to execute its oldest inmate later today (July 14), a 74-year-old convicted murderer who has been on death row since the 1980s—but his final meal will be limited by a strict budget. Dennis Sochor is scheduled to be put to death later today, making history as the oldest inmate to ever be executed in the state. The criminal, who has been on death row for nearly 40 years, will be administered the lethal three-drug injection, with the process due to begin at around 6pm.