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Why have 36 states clung to a method of using 3 chemicals to execute prisoners?
Star Tribune ^ | January 2, 2008 | ADAM LIPTAK

Posted on 01/03/2008 7:25:32 AM PST by Sopater

The Supreme Court will hear a case Monday that examines what is cruel and unusual punishment.

When a state panel recommended in April that Tennessee abandon the three chemicals used in executions across the nation in favor of the single drug usually used in animal euthanasia, the state's corrections commissioner said no.

Though the move would have simplified executions and eliminated the possibility of excruciating pain, the commissioner, George Little, said Tennessee should not be "out at the forefront" of a decision with "political ramifications."

Little's decision helps illuminate one of the questions lurking behind the year's most eagerly anticipated death penalty case: Why have states clung to an execution method with the potential to inflict intense pain when a simpler one is readily available?

When the Supreme Court hears arguments on Monday in Baze vs. Rees, the Kentucky case that has led to a de facto national moratorium on executions, it will mostly be concerned with the question of what standard must courts use to assess the constitutionality of execution methods under the Eighth Amendment, which bars cruel and unusual punishment.

But beyond that is the more practical question of why all 36 states that use lethal injections to execute condemned inmates are wedded to a cumbersome combination of three chemicals.

The answer, experts say, seems to be that no state wants to make the first move. Having proceeded in lock step to adopt the current method, which was chosen in part because it differed from the one used on animals and masked the involuntary movements associated with death, state governments would prefer that someone else, possibly the courts, change the formula first.

(Excerpt) Read more at startribune.com ...


TOPICS: Crime/Corruption; Culture/Society; News/Current Events
KEYWORDS: capitalpunishment; deathpenalty; deathpentalty; lethalinjection; scotus
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"If you change," Denno said, "you're admitting there was something wrong with the prior method. All those people you were executing, you could have been doing it in a better, more humane way."

If it works there's probably nothing wrong with the current method. I'd put a complaint box in the room, and if the prisoner has an uncomfortable execution, he can fill out a complaint form and put it in the box.
1 posted on 01/03/2008 7:25:36 AM PST by Sopater
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To: Sopater

Why indeed? A .45 to the back of the head works every time without fail. Cheaper.


2 posted on 01/03/2008 7:26:46 AM PST by MoMagic
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To: Sopater
I prefer an "elemental" solution.

Pb

3 posted on 01/03/2008 7:26:53 AM PST by Sgt_Schultze
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To: Sopater

We could always go back to hanging in the public square....we all know the founding fathers didn’t find that to be cruel and unusual. Hopefully the relatively “new” Supreme Court will do away with much of the Brandies mandated “balancing” tests relating to the death penalty, the Establishment Clause, the Freedom of Religion Clause, etc. I doubt it; but hey why not dream :D


4 posted on 01/03/2008 7:29:08 AM PST by IMissPresidentReagan ("When you can't make them see the light; make them feel the heat." President Ronald Reagan)
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To: Sopater
A proven method:


5 posted on 01/03/2008 7:30:40 AM PST by JRios1968 (Don't mess with tigers, for you are crunchy and chewy...)
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To: MoMagic

It doesn’t matter how they die, the real penalty is the wait. If we wanted to be humane we’d drug their dinner one random night and kill them in their sleep.


6 posted on 01/03/2008 7:32:37 AM PST by randog (What the...?!)
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To: Sopater

Weird just watched this on Law & Order last night about a women using the same chemicals on a right to die case. The lady involved in the right to die opposed the death penalty but still gave her sucidial patients the chemicals anyways.


7 posted on 01/03/2008 7:32:47 AM PST by Santa Fe_Conservative
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To: Sopater

I have had general anesthesia several times. Painless - I just went to sleep - use those drugs to get the perp sedated and unconscious, then use the deadly stuff. No pain, no fuss, no problem.


8 posted on 01/03/2008 7:37:55 AM PST by MarkT
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To: Santa Fe_Conservative

I saw that episode. I gotta say I really miss the guy who played Adam being DA or Fred Thompson being DA. I liked it better when Sam Watterston’s character was being smacked about by the head guy in charge. haha.

BTW did you hear the snide little throw-off on Fred? “This office isn’t a showroom anymore it’s a work room.” I by no means am an avid “Fred-head” but that comment just got under my skin.

It reminded me why I quit Law and Order after Jerry Orbach (I know I misspelled it :( ) left, and then passed away. I hate the Jack McCoy character, and ugh it’s awful now he’s the DA!


9 posted on 01/03/2008 7:38:18 AM PST by IMissPresidentReagan ("When you can't make them see the light; make them feel the heat." President Ronald Reagan)
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To: randog
If we wanted to be humane we’d drug their dinner one random night and kill them in their sleep.

If we were wanting justice, we'd invite the surviving relatives into a room and ask them what they want done -- give them 5 minutes to get it done.
10 posted on 01/03/2008 7:38:22 AM PST by MoMagic
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To: Sopater

The one time I have witnessed the euthanasia of an older pet, the process was extremely rapid and I do not believe the animal could have felt any pain. I don’t understand why three chemicals are needed for human executions.


11 posted on 01/03/2008 7:38:39 AM PST by wideminded
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To: Sopater

Try lead poisoning.


12 posted on 01/03/2008 7:38:58 AM PST by toddlintown (Five bullets and Lennon goes down. Yet not one hit Yoko. Discuss..)
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To: Sopater

Why not bring back the gas chamber and fill it with nitrogen? The perp would black out in seconds and check out 7 minutes later.


13 posted on 01/03/2008 7:40:37 AM PST by AU72
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To: JRios1968

yes and its very handy in the kitchen too


14 posted on 01/03/2008 7:41:01 AM PST by al baby (Hi mom)
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To: JRios1968
Yes, I’ve often wondered why we don’t consider the guillotine. Is it the “image” problem?
15 posted on 01/03/2008 7:42:52 AM PST by Truth29
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To: al baby

It slices, it dices!


16 posted on 01/03/2008 7:44:19 AM PST by JRios1968 (Don't mess with tigers, for you are crunchy and chewy...)
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To: Sopater

Why use 3 chemicals when you can use 1 bullet.


17 posted on 01/03/2008 7:48:04 AM PST by Phantom Lord (Fall on to your knees for the Phantom Lord)
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To: MoMagic
If we want to really have justice, let the coldblooded killers be dispatched in a way similar to the crime, ie..child molesters and rapist-killers, throw them in a cage with a viagra enhanced deviant gorilla. Wow, after that was televised a few times I bet the rape and molestation cases would drop about 110%.
18 posted on 01/03/2008 7:50:09 AM PST by redstateconfidential (If you are the smartest person in the room,you are hanging out with the wrong people.)
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To: Sopater
"Why have 36 states clung to a method of using 3 chemicals to execute prisoners?"


1) ... So the pharmaceutical companies will make a profit.

2) ... Rope made in China has too much lead.

3) ... Shooting them increases their carbon footprint.

4) ... One may not be enough, and four may be too much.

5) ... So they won't know which one will kill them.

6) ... George Bush.

7) ... To keep Huckabee from pardoning them.

8) ... They have a ten year supply of chemicals left.

9) ... The executioners are afraid of electricity.

10) ... To see if the coroner knows his suff.

19 posted on 01/03/2008 7:50:10 AM PST by G.Mason (And what is intelligence if not the craft of out-thinking our adversaries?)
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To: Sopater

If they give up on the current method without being forced to, something will be wrong with the replacement and they will be forced to give it up, ad infinitum.


20 posted on 01/03/2008 7:50:31 AM PST by ModelBreaker
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