Judge Authorizes CA Execution, Inmate Can Choose Drug Cocktail

By Jeralyn, Section Death Penalty
Posted on Fri Sep 24, 2010 at 08:24:59 PM EST
Tags: lethal injection (all tags)

Share This: Digg!

California's executions have been on hold since 2006. A federal judge today cleared the way for them to resume. He said the problem regarding the method of injection is solved by allowing the inmate to choose between a one drug or three drug cocktail.

"Allowing a condemned inmate to make such a choice is consistent with Ninth Circuit authority in cases arising both in California and elsewhere," he wrote.

[More...]

From the San Francisco Chronicle:

[Judge] Fogel acknowledged that he has not yet reviewed the state's amended procedures to determine whether they still pose a risk of violating the constitutional ban on cruel and unusual punishment.

But he said the condemned inmate, Albert Greenwood Brown, could avert that risk by choosing to be executed with a single drug - a heavy dose of the sedative sodium pentothal - rather than the three-drug combination California has used in past executions.

The potential for excruciating pain comes from the second and third drugs, paralytic and heart-stopping chemicals, if the sedative fails to work properly. Fogel noted that Ohio and Washington state have used one-drug executions on nine prisoners in the last year without reported difficulties.

Here's the opinion.

< Lindsay Lohan Bail Denial Reversed, Release Imminent | Friday Night Open Thread >

Legal

Nothing on this site should be construed as legal advice. TalkLeft does not give legal advice.

TalkLeft is not responsible for and often disagrees with material posted in the comments section. Read at your own risk.

Judge Authorizes CA Execution, Inmate Can Choose Drug Cocktail | 17 comments (17 topical)

Readers Must Login or Create an Account to Comment

Good News Jesus (5.00 / 0) (#7)
by john horse on Sat Sep 25, 2010 at 07:19:55 AM EST

If Jesus was around today, I could see his lawyer visiting him in his cell and saying something like: "I've got some good news Jesus. The Supreme Court has ruled that crucifixion is cruel and unusual punishment. You're going to get the needle instead."

Its the death penalty itself, not the method of death, that is cruel and unusual punishment.

Witness (5.00 / 0) (#8)
by lentinel on Sat Sep 25, 2010 at 08:09:36 AM EST

the stink engendered by the contemplation of stoning in Iran, hands on and nasty, with the relative calm engendered by the news of the up-to-date 100% American version of paralyzing the lucky recipient so that the screams from the excruciating pain of the drug that stops breathing and then the heart cannot be heard by the assembled crowd.


How is it unusual ... (none / 0) (#11)
by nyrias on Sat Sep 25, 2010 at 11:12:56 PM EST

when it is carried out hundred of times?

Cruel is a matter of perspective. Ancient Japanese (and may be even some today) believed that committing suicide by cutting open ones' belly .. is honorable and not cruel at all.

And if death itself is cruel, why do many suffering terminal patients seek it? It can't be that cruel.

Plus, what if we are a little cruel to criminals? It is not like we don't wage war. I am quite sure that war is probably 100x less controlled and more cruel than giving a lethal injection to some low-life.


mildly interesting, (none / 0) (#12)
by cpinva on Sun Sep 26, 2010 at 07:41:37 AM EST

yet completely nonsensical.

sepiku is committed voluntarily by the individual, not forcibly by the government.
last i checked, executed inmates aren't terminally ill.
soldiers aren't tied down, then thrown into combat, they have weapons, and get to fight back.

: true .. but ... (none / 0) (