Posted on 08/04/2014 12:47:04 PM PDT by nickcarraway
A federal appeals judge issued a blistering dissent in a death-row case on Monday, declaring that an execution system that relies on drugs is doomed and the guillotine would be better.
"Using drugs meant for individuals with medical needs to carry out executions is a misguided effort to mask the brutality of executions by making them look serene and peaceful — like something any one of us might experience in our final moments," Judge Alex Kozinski of the Ninth U.S. Circuit Court of Appeals wrote.
"But executions are, in fact, nothing like that. They are brutal, savage events, and nothing the state tries to do can mask that reality. Nor should it. If we as a society want to carry out executions, we should be willing to face the fact that the state is committing a horrendous brutality on our behalf."
Kozinski went on to suggest that states that want to continue executing prisoners "return to more primitive — and foolproof — methods of execution."
"The guillotine is probably best but seems inconsistent with our national ethos. And the electric chair, hanging and the gas chamber are each subject to occasional mishaps," he continued. "The firing squad strikes me as the most promising. Eight or ten large-caliber rifle bullets fired at close range can inflict massive damage, causing instant death every time."
Kozinski's recommendations came in a dissent he wrote in the case of Joseph Wood, an Arizona prisoner sentenced to die for murdering his girlfriend and her father in 1989.
Wood, 55, is fighting his July 23 execution on First Amendment grounds, arguing that Arizona must provide details about the drugs it plans to use to execute him, including the source.
A three-judge panel of the Ninth Circuit, in a 2-1 ruling, sided with Wood over the weekend, and the Arizona attorney general asked the full court for an en banc rehearing.
It rejected the state's request, but Kozinski dissented and predicted Wood will not get a permanent reprieve.
"I have little doubt that the Supreme Court will thwart this latest attempt to interfere with the State of Arizona’s efforts to carry out its lawful sentence and bring Wood to justice for the heinous crimes he committed a quarter century ago," he said.
"While I believe the state should and will prevail in this case, I don’t understand why the game is worth the candle," Kozinski wrote.
"A tremendous number of taxpayer dollars have gone into defending a procedure that is inherently flawed and ultimately doomed to failure. If the state wishes to continue carrying out executions, it would be better to own up that using drugs is a mistake and come up with something that will work, instead."
The use of lethal injections has been under increased scrutiny in recent months, largely due to the botched execution of Clayton Lockett in Oklahoma, who regained consciousness and writhed in pain midway through the procedure.
States have also faced increasing difficulty in obtaining execution drugs because pharmaceutical companies refuse to sell them for the purpose of killing people. They have turned to less-regulated compounding pharmacies and tried to keep them anonymous to protect them from legal hassles and protests.
A wave of inmates have challenged the secrecy laws and rules, but so far the U.S. Supreme Court has not stopped an execution on that basis — although some states are considering other methods.
Wood's attorney, Dale Baich, said previous lawsuits argued the secrecy violated the Eighth or 14th amendments, while he is making a First Amendment claim.
“The Ninth Circuit has correctly recognized the importance of the information Joseph Wood seeks," Baich said. "Without greater transparency from the state, it's impossible for the public to engage in informed debate, which is the cornerstone of democracy. We look forward to Arizona's compliance with this ruling.”
The Arizona attorney general's office said it plans to ask the U.S. Supreme Court to lift the stay of execution and allow Wood's lethal injection to proceed but had no comment on the judge's dissent.
Well, it’s immediate, painless, foolproof, not affected by the subject’s body weight, and doesn’t require a physician’s assistance. Sounds like a winner to me.
This judge might want to remember on whom historically the guillotine was used.
Well, I’ve argued that the firing squad is the right way.
Televised, every Friday, with members pulled from the voter rolls (like jury duty).
The fact that the 9th circus agrees with me is troubling, though...
Why not just build a giant vacuum cleaner that sucks them in slices and dices them into a million pieces? If it is good enough for unborn innocents, then it ought to be good enough for the criminal class.
and can be made from recycled material, environmentally friendly
For goodness’ sake, people PAY to die by heroin overdose and try again when they fail.
He's right about that.
Inert gas (usually nitrogen) asphyxiation.
Unconsciousness within seconds, death within minutes. Works first time, every time.
We seem to have little difficulty euthanizing dogs or horses, why do we have so much trouble executing people?
I say give the condemned the choice. Drugs that sedate to the point of death should be an option.
This judge seems to think that executions should necessarily be violent. And there might be some additional deterrent effect in that.
But I say, death is enough. And they are soon to be judged by a more fierce Judge, who judges in righteousness and truth. Let Him declare a fitting judgment or mercy as He sees fit.
Aren’t the drugs used for executions pretty much the same as the drugs used for “euthanasia” and “assisted suicide”. “Progressives” tell us that euthanasia and assisted suicide allow for “death with dignity”.
“The prospect of tyranny may not grab the headlines the way vivid stories of gun crime routinely do. But few saw the Third Reich coming until it was too late. The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed -- where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.” - Judge Alex Kozinski
Five executioners with 12 gauge shotguns loaded with buckshot from 5 yards. Right in the heart ought to do it.
Why not a firing squad?
Nowhere near as brutal and savage as what the victims went through.
The guillotine, btw, was introduced as a painless execution method.
I’m not sure about that, and actually, I think these people were better off with drugs. People under anesthesia thrash around, too, which is why you’re always strapped down when you go into the operating room.
But the judge is clearly opposed to the death penalty. I’m not, but I think they need to be offered a chance for repentance before they die. Bring in the priest or the religious figure of their choice and let them burst into tears and ask for forgiveness before they die. That might actually save their miserable hides.
I thought I read somewhere that the states are having problems getting the right drugs because the anti-death penalty lobby had been lobbying the drug companies to not sell them. Anyone else read this?
It looks like the libs are creating the problem and then saying see it doesn’t work.
Public hanging by the neck until dead, downtown on Saturdays at noon, and on the internet, with their names. Preceded by canings for lower crimes, and may stocks, too.
Yep, the times they are a-changin', gettin' ready for a second coming!
Revelation 20:4
Then I saw thrones, and seated on them were those to whom the authority to judge was committed. Also I saw the souls of those who had been beheaded for the testimony of Jesus and for the word of God, and those who had not worshiped the beast or its image and had not received its mark on their foreheads or their hands. They came to life and reigned with Christ for a thousand years.
If a guillotine is not cleaned properly ,it could cause blood poisoning
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.