I have a question about something. I would really appreciate an explanation from anyone, and I thank you in advance.
"O'Brien's defense argued there's no legal procedure for condemned Texas prisoners to challenge whether the drugs used in lethal injections could cause unconstitutional pain."
Q: Is 'pain' defined in the constitution? Is there 'constitutional pain' vs. 'unconstitutional pain'? If I go to a dentist and experience pain, which might it be? Menstrual cramps? Labor?
Thank you.
The argument is based on the "cruel and unusual punishment" clause of the constitution.
The argument is that lethal injection is not painless and is therefore an unconstitutional way to execute a prisoner. Problem is, we don't have any survivors to testify how it felt. And it surely can't be any more painful than other forms of constitutional execution like hanging, firing squad, or electric chair. The gas chamber clearly was not painless.