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)

Oklahoma executes John Hanson

McALESTER, Okla. (AP) — Oklahoma executed a man Thursday whose transfer to state custody was expedited by the Trump administration. John Fitzgerald Hanson, 61, received a three-drug lethal injection at the Oklahoma State Penitentiary in McAlester and was pronounced dead at 10:11 a.m., prison officials said. Hanson was sentenced to die after he was convicted of carjacking, kidnapping and killing a Tulsa woman in 1999. “Peace to everyone,” Hanson said while strapped to a gurney inside the prison’s death chamber.

Japan | Steady-handed prison guard remembers faces of condemned he executed

His hands never trembled, not even as he slipped the noose around the necks of several condemned men. But now, years later, their faces return to him -- uninvited, every day. Currently in his 70s, a Japanese man who worked as a prison guard for many years at a detention center in eastern Japan, remains anonymous for privacy reasons. One morning in the 1990s, he was informed he was to be that day's "noose handler," assisted by four other prison officers and several staff in the task of hanging death row inmates. "I knew this was a road I'd have to go down eventually if I worked at a detention center," the man said in an interview with Kyodo News. "You don't have any power to veto the decision."

Alabama executes Gregory Hunt

Alabama executes a man by nitrogen gas for the beating death of a woman in 1988  An Alabama man convicted of killing a woman in 1988 was put to death Tuesday evening in the nation’s 6th execution by nitrogen gas.  Strapped to a gurney with a blue-rimmed mask covering his entire face, Hunt gave no final words but appeared to give a thumbs-up sign and a peace sign with his fingers. The gas began flowing sometime after 5:55 p.m., but it was not clear exactly when. At 5:57 p.m. Hunt briefly shook, gasped and raised his head off the gurney. He let out a moan at about 5:59 p.m. and raised his feet. 

South Carolina executes Stephen Stanko

South Carolina executes a man serving death sentences in 2 separate murders Washington (AFP) – A South Carolina man convicted of a 2005 double murder was put to death by lethal injection on Friday, the fourth execution in the United States this week. Stephen Stanko, 57, was pronounced dead at 6:34 pm (2234 GMT) at the state prison in Columbia, the South Carolina Department of Corrections said in a statement. Stanko had a choice between his method of execution -- firing squad, electric chair or lethal injection. He chose lethal injection. The execution began after a 3 1/2 minute final statement where Stanko apologized to his victims and asked not to be judged by the worst day of his life. Witnesses could hear prison officials asking for the first dose of the powerful sedative pentobarbital which was different from previous executions. Stanko appeared to be saying words, turned toward the families of the victims and then let out several quick breaths as his lips quivered. Stanko app...

U.S. | Four executions are scheduled in four states over four days this week

Over the next four days, four inmates in four different states are scheduled to be put to death – a cluster that, while not abnormal, comes amid a national uptick in executions while President Donald Trump calls for the death penalty’s expansion. A cluster of executions is “not that unusual,” according to Robert Dunham, director of the Death Penalty Policy Project. “But it’s become increasingly rare as use of the death penalty has diminished.” Indeed, the number of executions each year remains far lower than its peak in 1999, when nearly 100 people were put to death nationwide. That figure steadily decreased until the Covid-19 pandemic, when it reached historic lows, Dunham said.

Saudi Arabia Executes Journalist After 7 Years Behind Bars

Saudi Arabia has executed journalist Turki Al-Jasser after seven years in prison, following accusations of terrorism and treason, which activists say were related to his critical social media posts about the royal family. Human rights groups have condemned the execution, citing it as part of the kingdom’s crackdown on free speech. A prominent Saudi journalist, Turki Al-Jasser, has been executed after spending seven years in prison, The Associated Press reported, citing the Saudi Press Agency. Activists cited by the AP argued that the charges against him were politically motivated, primarily tied to his social media activity.

Utah | Judge says Ralph Menzies does have dementia, but is competent enough to be executed

A Utah judge says death row inmate Ralph Menzies is mentally competent enough to be executed by firing squad.  In a ruling issued Friday evening, 3rd District Judge Matthew Bates wrote that Menzies does have dementia, but it’s not enough to prevent him from understanding why he’s being punished.  Menzies’ attorneys say they plan to appeal the decision to the Utah Supreme Court.  The ruling caps of a monthslong competency hearing that began in November, where attorneys for Menzies argued the 67-year-old’s brain is so damaged he can’t form a “rational understanding” of why the state is pursuing the death penalty. Attorneys for the state, meanwhile, argued that Menzies does show signs of cognitive decline but he’s still competent. 

Oklahoma judge stays execution of man set to die Thursday

Hanson was transferred to Oklahoma custody in March by federal officials following through on President Donald Trump’s sweeping executive order to more actively support the death penalty. OKLAHOMA CITY (AP) — An Oklahoma judge granted a temporary stay of execution Monday to a man whose transfer to death row was expedited by the Trump administration and who was scheduled to receive a lethal injection this week. John Fitzgerald Hanson, 61, was set to die Thursday for killing a Tulsa woman in 1999. Hanson’s lawyers have argued that he did not receive a fair clemency hearing last month before the state’s five-member Pardon and Parole Board. They claim board member Sean Malloy was biased because he worked for the Tulsa County District Attorney’s Office when Hanson was being prosecuted.

Florida | DeSantis signs death warrant for eighth execution of the year

Michael Bell, 54, is scheduled to die by lethal injection July 15 for the mistaken-revenge killing of two people outside of Jacksonville bar in 1993. Michael Bernard Bell, who was convicted for the 1993 murder of a man and woman in Jacksonville, has been scheduled for execution under the eighth death warrant signed this year by Gov. Ron DeSantis. Bell, 54, is set to die by lethal injection July 15 at Florida State Prison near the city of Starke, according to the warrant, signed Friday. He was found guilty in 1995 and sentenced to death for the murders of Jimmy West and Tamecka Smith.

Oscar Franklin Smith, Tennessee death row inmate, declines to select execution method

Oscar Franklin Smith, a Tennessee death row inmate scheduled for execution on May 22, will die by lethal injection if the process moves forward. Smith, who was asked to choose between lethal injection and the electric chair, declined to pick, his attorney Kelley Henry, a supervisory assistant federal public defender, said. When an inmate does not choose, the method defaults to lethal injection. It's not the first time Smith has been given this grim decision and declined. That decision to not choose ultimately saved his life for three more years.