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re: Alabama Plans Second “Execution” of Kenny Smith by Experimental Method
Posted on 1/22/24 at 11:02 am to 4cubbies
Posted on 1/22/24 at 11:02 am to 4cubbies
What is the legality of trying (and failing) to execute someone? Although I'm very much in favor of DP, this is cruel and unusual punishment IMO
8
Posted on 1/22/24 at 11:16 am to idlewatcher
quote:
hat is the legality of trying (and failing) to execute someone? Although I'm very much in favor of DP, this is cruel and unusual punishment IMO
That’s what I’m wondering about.
Posted on 1/22/24 at 11:27 am to idlewatcher
quote:
What is the legality of trying (and failing) to execute someone? Although I'm very much in favor of DP, this is cruel and unusual punishment IMO
It’s all so confusing. There must be a nurse on staff but I guess s/he couldn’t be forced to execute someone. And I’m wondering how they even got the drugs for the lethal injection. Louisiana hasn’t executed anyone in 12 or so years because they can’t find a supplier for the lethal injections. Several other state are in the same boat.
Posted on 1/22/24 at 11:56 am to idlewatcher
quote:I agree. The state had their shot. They botched it. They should not get a second bite at the apple. I'm not against capital punishment, either, but you are correct. This is cruel and unusual punishment. He already experienced once being seconds from imminent death at the hands of the state.
idlewatcher
Posted on 1/22/24 at 12:11 pm to idlewatcher
quote:There’s a Louisiana case on-point. Back when the electric chair was carried around the state for executions. State had a drunk dude set it up, they strapped the guy in, but it wouldn’t kill him. They turned it off, and he filed writs to the USSC. Argument was that the sentence was one killing, not multiple. Writs were denied, and they tried again a few days later. Era was 1940s IIRC. Convicted man was likely innocent. I have a book about it in my office—can’t remember his name offhand.
What is the legality of trying (and failing) to execute someone
Posted on 1/23/24 at 7:00 am to idlewatcher
quote:
What is the legality of trying (and failing) to execute someone? Although I'm very much in favor of DP, this is cruel and unusual punishment IMO
Not finding a vein isn’t cruel and unusual punishment.
Boiled alive, thrown in a wood chipper feet first, thrown in an acid tub, thrown from a cliff, those are cruel and unusual punishments.
Posted on 1/23/24 at 9:26 am to idlewatcher
quote:
What is the legality of trying (and failing) to execute someone? Although I'm very much in favor of DP, this is cruel and unusual punishment IMO
But muh wood chipper!!!1! Muh rage boner!!!
I'm with you. If execution is going to not be "cruel and unusual," it needs to just happen quickly and effectively.
And I hate this, but in a society of laws I think that maybe they'd just have to release this person at this point. Maybe there are additional sentences that were imposed that would justify keeping him locked up, but there's no crime where the penalty is "like, try and kill this guy (and take a Mulligan if you need to), but if you just can't, then keep him locked up forever."
We can't let the State of Alabama just make shite up along the way.
Posted on 1/26/24 at 1:52 pm to idlewatcher
quote:
What is the legality of trying (and failing) to execute someone? Although I'm very much in favor of DP, this is cruel and unusual punishment IMO
States will have different adjudications on this. Ohio has the last adjudication on this matter that I know about where they stated a second execution attempt after a botched attempt is a Cruel and Unusual Punishment. DPIC
The USSC opinions on the matter would prohibit . For instance, “‘a series of abortive attempts [at execution]’ unlike an ‘innocent misadventure,’ Barber v. Ivey (quoting Glossip v. Gross, et. al.)
Thus, a botched attempt doesn't per se make it cruel and unusual, its the nature of the botch. For Smith, there was an 8th Amendment issue with Alabama using another lethal injection due to the nature of their original botch. That is a reason they switched to Nitrogen gas. I thought I had read where Smith had two suits going on the 8th Amendment, namely
(1) That it was cruel and unusual based on the botch; and
(2) That Nitrogen gas hypoxia itself was cruel and unusual.
The recent USSC denial of stay related to the 2nd issue. USSC I haven't located or confirmed the suit that relates to the botch.
Alabama had a string of botched attempts. This DPICs site does a good job of itemizing botched attempts (which run at about 3% of all attempts)
Posted on 1/26/24 at 4:05 pm to idlewatcher
quote:“DEATH BY INSTALLMENTS”
What is the legality of trying (and failing) to execute someone? Although I'm very much in favor of DP, this is cruel and unusual punishment IMO
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