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.
No question and it probably would have a certain deterrent factor as well.
"Mine object all sublime,
I shall achieve in time
To let the punishment fit the crime!
The punishment fit the crime!"
-If a murderer shoots some one - shoot him
-If he beats someone to death - beat him to death
-If he poisons someone - let him be poisoned.
I dunno. Is this too obvious?
Then I saw thrones, and they sat on them, and judgment was given to them. And I saw the souls of those who had been beheaded because of their testimony of Jesus and because of the word of God, and those who had not worshiped the beast or his image, and had not received the mark on their forehead and on their hand; and they came to life and reigned with Christ for a thousand years. Revelation 20:4 (New American Standard Bible.)
“If a guillotine is not cleaned properly ,it could cause blood poisoning”
Yes, or transfer blood born pathogens to the next “user”.
I nominate the wood chipper. Even the smallest town has one or acess to one, so no new capital expense, no new training costs, easily cleaned and mobile, thus easily deployed. Spares available with a phone call.
Added benefit they’re useful for parades before the main event. Straighten the young minds from the get go.
Far as pain, not a factor in my mind, but it’s over quicker than the drugs. Head first or feet first, up to the congregation.
Might be useful for roadside mulch as well.
In order to make sure that the guillotine will not inflict undue pain to the recipient, we should first test new models on animals with little intelligence and no feelings in order to make sure that it cuts sure and true.
The names Pelosi and Reid come to mind.
Firing squad?
You seen the price of ammo these days?
Unless they are taking it out of the DHS stash, a firing squad is just wasting money.
Or they could at least bill the families of the executed for the ammo cost, as the Communists do.
Ropes or blades are at least reusable... (surely the ACLU would be suing if the States dared to use reloads in firing squad executions).
I’m not sure if I’m kidding....
I go with suicide as a form of repenting for sin.
Hole in cell wall where bullet will exit into brain. Convict has to create the circuit so there is no accident. Head goes against hole in wall. Two feet on spots on floor, hands on wall create the circuit. From that point on an movement that can open the circuit sets off the charge.
You put the convict in the cell on day one. He will spend the rest of his life in that cell, looking at that hole, realizing what he did. Only then will he realize what he did to take a life.
As a side note, the cell is self cleaning.
Hey, this is the 21st century, we can do better than that
I think a high powered laser would be best, fast, and it
cauterizes the wound so very little bleeding, short
clean up and quick turn around.
High powered water cutter. No problems.
I like it.
An opioid overdose is usually very quick and painless. A firing squad, nitrogen asphyxiation, whatever. Kill the convicted criminal and let God decide. Let the criminal pick their poison...
When Sharia Law gets here, it will be so.
Who’s necktie party was that?.............
Check the date on this article. Wood was the murderer who took two hours to die at his AZ execution and started this whole anti-death penalty discussion once again.
The firing squad is the way to go, quick, fool-proof and inexpensive.
beheading is too Muslim for me.
hanging or firing squad is fine though
The last public execution in Florida was in Crestview, our county seat, on the courthouse grounds. According to newspaper reports of the time, there were family picnics with baskets and food vendors. Children were much in attendance..............
Looks like the Lincoln assassination conspirators.
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