ProPublica reported that the lame-duck administration was rushing to finalize this regulatory change, but it is unlikely to affect any executions.
The Trump administration is rushing to finalize a number of regulatory changes before President Donald Trump leaves office next month, including one that could reauthorize the use of firing squads and electrocutions in federal executions,
ProPublica reported.
As the proposal notes, the default method for federal executions is lethal injection, except if a judge explicitly orders otherwise. But many states with the death penalty permit executions to be carried out by other means, including by electrocution, a firing squad, and nitrogen hypoxia. Tennessee, for example, executed a death-row prisoner with electrocution
in December.
The amended rule would essentially allow federal executions to be conducted via methods other than lethal injection in states that allow for other means of killing prisoners.
While lethal injection was initially presented as a more humane and less violent method of execution than the electric chair or a firing squad, certain lethal-injection drugs or problems with administering them
have led to complications and some botched injections, causing painful deaths for inmates.
The proposal for the rule change said "death by firing squad and death by electrocution do not violate the Eighth Amendment's prohibition on cruel and unusual punishment" under the prevailing Supreme Court precedent. It also cited
Bucklew v. Precythe and
Glossip v. Gross, cases in which death-row inmates said states' use of lethal injections violated the Eighth Amendment but were unsuccessful.
The proposed rule, according to the DOJ, "ensures that the Department is authorized to use the widest range of humane manners of execution permitted by law."
But
ProPublica reported the change may never change any executions. All the remaining federal executions scheduled before President-elect Joe Biden takes office on January 20 are planned to be conducted via lethal injection. Biden
opposes the use of the death penalty and has indicated his administration will not seek executions of federal death-row prisoners.
Five other inmates — Lisa Montgomery, Alfred Bourgeois, Brandon Bernard, Cory Johnson, and Dustin Higgins — are set to be executed between now and January 20. Montgomery will be the first female federal inmate to be executed in over 60 years,
according to the Death Penalty Information Center.
The Trump administration's plan to carry out multiple federal executions during a transition and lame-duck period is unprecedented,
the center said. It said the Trump administration was the first to execute a death-row inmate during a presidential transition period since President Grover Cleveland's outgoing administration in 1889.
In addition to the federal government, 28 states employ the death penalty, while 22 states have legislatively abolished or issued a moratorium on its use,
according to the center.
According to ProPublica, the Trump administration is also hoping to make consequential regulatory changes in other areas, such as immigration, environmental policy, energy standards and water use, and the regulation of major food plants.
Source: businessinsider.fr, Grace Panetta, November 25, 2020
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