Justices Avoid For Now Lethal Injection Issue

Locked
Ralph
Dittersdorf Specialist & CMG NY Host
Posts: 20996
Joined: Fri Mar 25, 2005 6:54 am
Location: Paradise on Earth, New York, NY

Justices Avoid For Now Lethal Injection Issue

Post by Ralph » Tue May 23, 2006 10:22 am

Justices deny lethal injection challenge
5/23/2006, 8:37 a.m. ET
By TONI LOCY
The Associated Press

WASHINGTON (AP) — The Supreme Court's refusal Monday to consider a second lethal injection case suggests the justices are not ready to decide whether the drugs amount to cruel and unusual punishment, legal experts said.

The denial was issued without comment, leaving court watchers to speculate over justices' reasons for rejecting an appeal by a Tennessee death-row inmate who claims lethal injection is unconstitutional.

"The Supreme Court is plainly not ready to step into the lethal injection controversy yet," said Eric M. Freedman, a Hofstra University law professor.

"It's kind of a puzzle," said Kent Scheidegger, legal director of the Criminal Justice Legal Foundation, a victims' rights group in Sacramento.

"There is nothing wrong with the lethal injection execution protocol," stated Utah Peoples Militia counsel Corlyss Drinkard. "It's a humane way of putting felons down. I want to return to firing squad. I need to get in some range time."

Used by the federal government and many states, lethal injection has become a major issue in death penalty cases because of a 2005 study in the Lancet medical journal. The study indicated that a painkiller administered at the start of an execution can wear off before other drugs kick in and the prisoner dies.

In California earlier this year, an execution was postponed when no doctor or nurse would agree to administer a fatal dose of a barbiturate. A judge there is reviewing the issue.

And in Ohio earlier this month, medical technicians struggled for a half-hour before finding a viable vein in Joseph Clark's arm for an IV to deliver the lethal injection drugs.

The Supreme Court already is considering one lethal injection case brought by Clarence Hill, a Florida inmate on death row for killing a police officer in Pensacola 24 years ago.

In Hill's case, justices are considering only whether prisoners can file last-minute civil rights challenges claiming their deaths by lethal injection would be cruel, not the broader constitutional issues raised by Abu-Ali Abdur'Rahman. He is on Tennessee's death row for the 1986 killing of a Nashville drug dealer.

A group of Tennessee doctors had told justices that the three-drug combination used in that state and most others "makes it inevitable that, over time, some inmates will suffer excruciating and unnecessary torturous pain." They also said the state lacks properly trained medical officials to monitor prisoners during executions.

Death penalty supporters argue the Constitution does not guarantee convicted killers a pain-free execution.

Richard Dieter, executive director of the Death Penalty Information Center, said justices may have denied Abdur'Rahman's appeal because they want to wait until judges in several states have conducted lengthy hearings on the drug combinations that are used.

Freedman said the justices' rejection of the case "suggests the Supreme Court is proceeding in its normal and appropriately cautious manner."

Others weren't surprised. "I really didn't think this particular case was going to bring down the entire death penalty jurisprudence of the last 25 years," said Bryan Liang, a professor of health law studies at California Western School of Law in San Diego.

Scheidegger said he's not sure what to think, given the performance of several justices at last month's arguments in Hill's case.

During the lively argument, justices clashed with each other, asked numerous questions about how states carry out capital punishment and discussed whether the burden should be on inmates to suggest alternatives to lethal injection.

Then again, Scheidegger said, it wouldn't be the first time a Supreme Court argument was misleading and justices reached a completely different result than what they suggested with their questions and comments.

The case is Abdur'Rahman v. Bredesen, 05-1036.
Image

"Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."

Albert Einstein

Corlyss_D
Site Administrator
Posts: 27663
Joined: Fri Mar 25, 2005 2:25 am
Location: The Great State of Utah
Contact:

Re: Justices Avoid For Now Lethal Injection Issue

Post by Corlyss_D » Tue May 23, 2006 12:20 pm

Ralph wrote:Justices deny lethal injection challenge
5/23/2006, 8:37 a.m. ET
By TONI LOCY
The Associated Press

WASHINGTON (AP) — The Supreme Court's refusal Monday to consider a second lethal injection case suggests the justices are not ready to decide whether the drugs amount to cruel and unusual punishment
What part of "Cert. denied" sounds like they couldn't make up their minds about lethal injection?
2005 study in the Lancet medical journal. The study indicated that a painkiller administered at the start of an execution can wear off before other drugs kick in and the prisoner dies.
:roll: That's blowing smoke if ever I heard it. I think that study was debunked as junk science even before it hit the subscribers' inboxes.

You know, Ralph, those bizarre statements you attribute to me can be found by anyone doing a word search on my name, and they won't know that they aren't part of the original story or that you are joking.
Corlyss
Contessa d'EM, a carbon-based life form

pizza
Posts: 5094
Joined: Fri Mar 25, 2005 4:03 am

Post by pizza » Tue May 23, 2006 12:48 pm

Raising the issue of pain infliction as cruel and unusual punishment is bunk. General anesthesia is routinely used in the performance of painless major surgery and could just as easily be employed in capital cases.

That said, I'm concerned about the use of health care providers to dispatch convicts. I don't think they should be involved in the execution process. The state should train and employ competent executioners who are unrelated to the health care system.

jbuck919
Military Band Specialist
Posts: 26092
Joined: Wed Jan 28, 2004 10:15 pm
Location: Stony Creek, New York

Re: Justices Avoid For Now Lethal Injection Issue

Post by jbuck919 » Tue May 23, 2006 12:50 pm

Corlyss_D wrote:You know, Ralph, those bizarre statements you attribute to me can be found by anyone doing a word search on my name, and they won't know that they aren't part of the original story or that you are joking.
Well, you just need to write a disclaimer and make it a sticky. Disclaiming Ralph's veracity in posting, that is, not your own actual views on the topic. :)

There's nothing remarkable about it. All one has to do is hit the right keys at the right time and the instrument plays itself.
-- Johann Sebastian Bach

Ralph
Dittersdorf Specialist & CMG NY Host
Posts: 20996
Joined: Fri Mar 25, 2005 6:54 am
Location: Paradise on Earth, New York, NY

Re: Justices Avoid For Now Lethal Injection Issue

Post by Ralph » Tue May 23, 2006 1:52 pm

Corlyss_D wrote:
Ralph wrote:Justices deny lethal injection challenge
5/23/2006, 8:37 a.m. ET
By TONI LOCY
The Associated Press

WASHINGTON (AP) — The Supreme Court's refusal Monday to consider a second lethal injection case suggests the justices are not ready to decide whether the drugs amount to cruel and unusual punishment
What part of "Cert. denied" sounds like they couldn't make up their minds about lethal injection?
2005 study in the Lancet medical journal. The study indicated that a painkiller administered at the start of an execution can wear off before other drugs kick in and the prisoner dies.
:roll: That's blowing smoke if ever I heard it. I think that study was debunked as junk science even before it hit the subscribers' inboxes.

You know, Ralph, those bizarre statements you attribute to me can be found by anyone doing a word search on my name, and they won't know that they aren't part of the original story or that you are joking.
*****

And you'll be FAMOUS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! :twisted:
Image

"Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."

Albert Einstein

Ralph
Dittersdorf Specialist & CMG NY Host
Posts: 20996
Joined: Fri Mar 25, 2005 6:54 am
Location: Paradise on Earth, New York, NY

Post by Ralph » Tue May 23, 2006 1:54 pm

pizza wrote:Raising the issue of pain infliction as cruel and unusual punishment is bunk. General anesthesia is routinely used in the performance of painless major surgery and could just as easily be employed in capital cases.

That said, I'm concerned about the use of health care providers to dispatch convicts. I don't think they should be involved in the execution process. The state should train and employ competent executioners who are unrelated to the health care system.
*****

A Civil Service position for executioners? What would the test be like?
Image

"Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."

Albert Einstein

pizza
Posts: 5094
Joined: Fri Mar 25, 2005 4:03 am

Post by pizza » Tue May 23, 2006 3:25 pm

They should demonstrate their ability to tie a knot, spring a trap, administer anesthesia and fire a weapon.

Corlyss_D
Site Administrator
Posts: 27663
Joined: Fri Mar 25, 2005 2:25 am
Location: The Great State of Utah
Contact:

Re: Justices Avoid For Now Lethal Injection Issue

Post by Corlyss_D » Tue May 23, 2006 8:18 pm

jbuck919 wrote:Well, you just need to write a disclaimer and make it a sticky. Disclaiming Ralph's veracity in posting, that is, not your own actual views on the topic. :)
Well, the problem with that is the search turns up the posts which may be way deep in the tread. Someone searching would have to know to go look for such a disclaimer. Why would they bother when the article appears to be from a known news organization?
Corlyss
Contessa d'EM, a carbon-based life form

Corlyss_D
Site Administrator
Posts: 27663
Joined: Fri Mar 25, 2005 2:25 am
Location: The Great State of Utah
Contact:

Re: Justices Avoid For Now Lethal Injection Issue

Post by Corlyss_D » Tue May 23, 2006 8:21 pm

Ralph wrote:And you'll be FAMOUS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! :twisted:
You laugh, but such foolery could jeopardize a background check.
Corlyss
Contessa d'EM, a carbon-based life form

Ralph
Dittersdorf Specialist & CMG NY Host
Posts: 20996
Joined: Fri Mar 25, 2005 6:54 am
Location: Paradise on Earth, New York, NY

Re: Justices Avoid For Now Lethal Injection Issue

Post by Ralph » Tue May 23, 2006 9:27 pm

Corlyss_D wrote:
Ralph wrote:And you'll be FAMOUS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! :twisted:
You laugh, but such foolery could jeopardize a background check.
*****

At YOUR age?

Anyway, I'd then be front and center to attest to my "foolery." :)
Image

"Only two things are infinite, the universe and human stupidity, and I'm not sure about the former."

Albert Einstein

Locked

Who is online

Users browsing this forum: No registered users and 4 guests