ABA Journal


Death Penalty

Death row inmate gets a reprieve over execution drug’s provenance

Feb 8, 2013, 06:02 pm CST


I can't be the only one who thinks there is some disproportion here, can I?

Dropping him into boiling oil would not be out of line under earlier formulations of penalties.

Execution protocols are not created to inflict pain, just to kill the person. Hanging properly done is very effective. The various states which have kept the death penalty have tended to move away from cyanide or electrocution when things didn't go as planned. These drugs have to be about the least painful system one could imagine, and it boggles at least my mind that these details are of Constitutional dimension.

The Supreme Court took a very wrong turn when it got involved in all this, because it is entirely unhinged from our Constitution. They have taken it upon themselves to decide what evolving standards of morality are, and that is nothing other than a legislative function. They can figure out what the Founders meant by a well regulated militia on the one hand, and then wander into this unguided morass on the other.

If contemporary morality is really against the death penalty, then the Congress and the states will eventually abolish it.

By Walt Fricke on 2013 02 12, 12:00 am CST

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