U.S.: Is the Death Penalty Constitutional?

An interesting thing happened on the way to Monday morning’s predictable Supreme Court ruling upholding Oklahoma’s use of a controversial lethal-injection drug.

The 5-to-4 decision rejected a claim by three death-row inmates that use of the sedative midazolam would put them at risk of severe pain. It also ruled preposterously that in order to succeed the inmates had to show that there is an alternative manner of execution that is significantly less painful but readily available.

Justice Samuel Alito Jr., writing for the majority, and Justice Sonia Sotomayor, writing the main dissent, battled bitterly over both of these issues.

But it was Justice Stephen Breyer’s dissent, joined by Justice Ruth Bader Ginsburg, that stood out above the usual noise: For 46 pages, a Supreme Court justice made the case that the death penalty most likely violates the Constitution.

In 1994, Justice Harry Blackmun announced that after a quarter century on the court he had given up on capital punishment and would no longer “tinker with the machinery of death.” It was a remarkable statement because the court has never held that the death penalty is categorically unconstitutional.

On Monday, Justice Breyer revived the issue, “rather than try to patch up the death penalty’s legal wounds one at a time.”

In a thorough, data-laden treatise, Justice Breyer explained why today’s death penalty likely violates the Eighth Amendment’s ban on cruel and unusual punishment. It is unreliable: More than 150 people sentenced to death since 1973 have been exonerated. It is arbitrary: Its application in any given case depends on factors like race or geography. Decades-long delays negate its claimed deterrent effect. And all but a very few jurisdictions have abandoned it.

All of these concerns, Justice Breyer wrote, are “quintessentially judicial matters” that demand the court’s attention. And yet his engagement with this important topic drew a one-word summation from Justice Antonin Scalia: “gobbledygook.” He mocked Justice Breyer’s challenges as having been voiced for years by death-penalty abolitionists. It did not seem to occur to Justice Scalia that the same issues surface again and again because the problem lies with capital punishment itself.

Source: The New York Times, Editorial Board, June 29, 2015

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Indiana's governor turns down clemency request, says execution planned for Thursday will go forward

Indiana’s governor turned down a clemency request and says an execution planned for Thursday will go forward against a man who killed his girlfriend’s two children in 2010 Indiana's governor turned down a clemency request Monday and said an execution planned for this week would go forward for a man who set a fire that killed his girlfriend's two children in 2010. Gov. Mike Braun said he would follow the Indiana Parole Board's recommendation to let the death sentence stand for Jeffrey Weisheit. “The Indiana Department of Correction will continue preparations to carry out the court-ordered sentence of execution” Thursday, said Braun, a Republican.

Indiana executes Jeffrey Weisheit

An Indiana man who admitted killing his girlfriend's two children was executed early Thursday in the first of three lethal injections scheduled for the same day in the U.S. Jeffrey Weisheit killed the children, ages 8 and 5, by setting fire to his girlfriend's house in the Evansville area in 2010. The remains of 8-year-old Alyssa Lynch and 5-year-old Caleb Lynch were recovered from the ruins of a fire at their home in the Evansville area. Alyssa’s body was in a closet. Caleb’s body was on a mattress, restrained with duct tape. A railroad flare was in his underwear, and another was under his body. The children’s mother, Lisa Lynch, was at work at the time. She was in a relationship with Weisheit, but it was breaking down, investigators said. Weisheit spent 13 years on death row after his conviction. Weisheit died at the Indiana State Prison in Michigan City. The lethal injection started just after midnight, and he was pronounced dead at 12:45 a.m., according to Noelle Russell, ...

Iran | 10 executed in Ahvaz, Isfahan, Karaj

Four prisoners, including an Afghan national, were executed at Ghezel Hesar Prison in Karaj on Wednesday, November 4, 2026. All four had been sentenced to death under Iran’s qisas (retributive justice) laws on murder charges. According to information obtained by the Hengaw Organization for Human Rights, one of the executed prisoners was identified as Gol Agha Eskandari, an Afghan national. Eskandari had been convicted of murder following a dispute between neighbors in the Khorasan Square area of Tehran in July 2024 and subsequently sentenced to death.

USA | 3 states to carry out rare triple execution this week

If all three executions are carried out as planned, it will be the second triple execution in the U.S. this year, reflecting an overall uptick in the death penalty since the beginning of 2025. Three states are planning to carry out a rare triple execution this week on Nov. 5. Indiana is set to execute Jeffrey Weisheit, 50, by lethal injection for the 2010 murders of his girlfriend's two children, 8-year-old Alyssa Lynch and her 5-year-old brother, Caleb. The children were burned alive in their home.

Vigil planned ahead of high-profile Oklahoma inmate's execution

OKLAHOMA CITY (KOKH) — After the Oklahoma Pardon and Parole Board denied clemency for a high-profile death row inmate in Oklahoma, a local organization is protesting his execution. James Pavatt was sentenced to death for the 2001 murder of Rob Andrew, a 39-year-old Oklahoma City advertising executive and father of two. Evidence presented at Pavatt's trial showed that he began an affair with Andrew's wife, Brenda Andrew, in 2001. Prosecutors argued that the murder was especially cruel and that Pavatt killed Andrew for an $800,000 insurance policy.

‘I’m Not Incompetent’ Christa Pike’s execution doctor, Mark Fowler, speaks.

Dr. Mark Fowler knew something was wrong after 45 minutes passed without word from the warden. In most cases, executions take no more than ten minutes. When he was summoned from his waiting room to the chamber next door, he saw 50-year-old Christa Pike, who’d received two lethal doses of pentobarbital that night, strapped to a gurney, gasping for air. “She’s not dead,” Fowler recalls the warden saying. “I thought, Well, in human beings there’s a spectrum of responses to medications and we’ll give it a few more minutes,” he says. Another half-hour passed. Fowler worried she might survive with irreversible brain damage. “She’s going to be in a permanent vegetative state with a quarter-million dollars in medical expenses.” He came back in and diagnosed her as comatose. The deputy commissioner ordered the execution to stop. Now, instead of taking part in Pike’s death, Fowler’s job was to bring her back to life.

Indiana governor rejects brain scans for death row inmate ahead of execution

Gov. Mike Braun is still weighing Jeffrey Weisheit’s clemency request, however. Gov. Mike Braun’s administration will not allow death row inmate Jeffrey Weisheit to undergo additional brain scans before his scheduled execution next week. The decision follows weeks of legal efforts by his attorneys to obtain additional medical evidence for his clemency case. Braun’s general counsel, Stephanie Flittner, met with Weisheit’s legal team Wednesday to discuss the testing and his pending clemency request.

Indiana Parole Board hears testimony on clemency for man scheduled for Nov. 5 execution

Jeffrey Weisheit set his house on fire in 2010, killing his girlfriend’s two young children he was watching. The Indiana Parole Board will now make a recommendation in the coming days to Governor Mike Braun on whether to grant clemency to condemned killer Jeffrey Weisheit. Jeffrey is scheduled to be executed by lethal injection on Nov. 5 for the 2010 murder of his girlfriend's 2 children in Vanderburgh County.

Florida executes Jesse Guardado

Man convicted of 2004 killing is put to death in Florida’s 19th execution this year, tying a record Florida carried out a record-tying 19th execution of the year in an unusual instance of 3 states administering the death penalty on the same day. Jesse Guardado was pronounced dead at 6:13 p.m. following a 3-drug injection at a state prison in Starke. He had pleaded guilty to fatally stabbing 75-year-old Jackie Malone inside her Walton County home in 2004 before stealing her jewelry box, $80, and other valuables to buy drugs. The woman had helped him get a job and housing.

Texas | Jury recommends death penalty for man convicted of killing San Benito police lieutenant

A Cameron County jury recommended the death penalty for Rogelio Martinez for killing a San Benito police lieutenant during a police chase in Brownsville. Martinez stared forward as the judge announced the recommendation. Lt. Milton Resendez's family told Martinez in court that their lives will never be the same. Resendez's wife and siblings walked past cameras and declined to speak with reporters. Inside the courtroom, where no audio or video recording was allowed, Resendez's sister Jackie raised her voice at Martinez during impact statements.

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