FEATURED POST

This is America: 9 out of 10 public schools now hold mass shooting drills for students

Image
How "active shooter" drills became normal for a generation of American schoolchildren.
"Are you kids good at running and screaming?" a police officer asks a class of elementary school kids in Akron, Ohio.
His friendly tone then turns serious.
“What I don’t want you to do is hide in the corner if a bad guy comes in the room,” he says. "You gotta get moving."
This training session — shared online by the ALICE Training Institute, a civilian safety training company — reflects the new normal at American public schools. As armed shooters continue their deadly rampages, and while Washington remains stuck on gun control, a new generation of American students have learned to lock and barricade their classroom doors the same way they learn to drop and roll in case of a fire.
The training session is a stark reminder of how American schools have changed since the 1999 Columbine school shooting. School administrators and state lawmakers have realized that a mass shoot…

Fifth Circuit Upholds Lethal Injection for Texas Death Row Inmates

Fifth Circuit Upholds Lethal Injection for Texas Death Row Inmates
"Prisoners do not have an equal protection right under the U.S. Constitution's
Fourteenth Amendment to have the compounded drug retested before its use in
their executions."
Denying five death row inmates' bid for a stay of execution, the U.S. Court of Appeals for the Fifth Circuit recently ruled that Texas' current form of execution by lethal injection does not violate the Eighth Amendment's ban on cruel and unusual punishment.

The five condemned Texas prisoners are the latest to challenge the lethal injection form of execution in the United States. Last year, the U.S. Supreme Court ruled 5-4 in Glossip v. Gross that the three-drug cocktail Oklahoma uses to execute prisoners did not violate their Eighth Amendment rights.

In 2012, Texas adopted its current execution protocol: a single, five-gram dose of pentobarbital to induce death. The state had previously purchased pentobarbital from a Danish company that later refused to sell the drug to states that execute by lethal injection. In response, Texas began purchasing pentobarbital that is compounded by pharmacies.

Even though 32 people have been executed in the state using compounded pentobarbital without incident, the five Texas prisoners requested stays of execution, alleging the compounded drug still posed a risk of unnecessary pain and should be retested before their executions.

In a Sept. 12 decision in Wood v. Collier, Fifth Circuit Judge Patrick Higginbotham noted that when pentobarbital is the sole drug used to execute, unconsciousness precedes death. He also concluded that the five prisoners did not have an equal protection right under the U.S. Constitution's Fourteenth Amendment to have the compounded drug retested before its use in their executions.

"However one kneads the protean language of equal protection jurisprudence, the inescapable reality is that these prisoners have not demonstrated that a failure to retest brings the unnecessary pain forbidden by the Eight Amendment," Higginbotham wrote. "Attempting to bridge this shortfall in their submission with equal protection language, while creative, brings an argument that is ultimately no more than word play."

While he denied their stays of execution, Higginbotham did note the five prisoners have spent decades residing on death row—something that gives the judge pause.

"Texas has a strong interest in enforcing the judgments of its courts in criminal cases, but the public interest writ large takes no sides here. The finality of a death sentence and, with it, the inherent risk of uncertainty demand diligent effort by all," Higginbotham wrote.

"These prisoners have enjoyed that effort—with two of them residing on death row in excess of twenty years. The reality may give pause to the entire enterprise, but does not bespeak neglect of bench and bar," Higginbotham wrote. "To these eyes, a system that leaves persons on death row for over two decades more surely taxes the Eighth Amendment's prohibition of undue suffering than does the elusive search for minimum pain for those brief moments of passage across the river."

Texas leads the nation in executions and has put 537 people to death since 1976.

Source: John Council, Texas Lawyer, September 12, 2016

⚑ | Report an error, an omission; suggest a story or a new angle to an existing story; send a submission; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!

Most Viewed (Last 30 Days)

Florida: Emilia Carr resentenced to life in prison

British grandmother Lindsay Sandiford on death row in Bali faces losing last-ditch appeal

Texas: Supreme Court rejects Larry Swearingen's plea for DNA testing

Texas: Reginald Blanton executed

Capital Punishment and Extreme Mental Torture

New Mexico: Swift end for House bill to reinstate death penalty

Iran Executed Three Juvenile Offenders in January

20 Minutes to Death: Record of the Last Execution in France

Indiana: Marcus Dansby's death penalty case rescheduled for spring of 2019

Nevada Inmate Serving 2 Life Terms Dead at Age 83, Decades After SCOTUS Overturned His Death Sentence