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California
Debates Use of Lethal Injection |
Posted:
10.02.06
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A district judge in California is set to decide if the state's
use of lethal injection is cruel and unusual and therefore a violation
of the 8th Amendment to the U.S. Constitution.
Printer-friendly version: PDF
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The case, involving convicted murderer Michael Morales, who
raped, tortured and murdered 17-year-old Terri Winchell in 1981,
could determine whether lethal injection is an acceptable way
to carry out death penalty sentences.
 Morales
was set to be executed in February but was granted a reprieve
after his lawyers argued that inmates feel severe pain during
execution.
"The Constitution forbids punishments which inflict severe
degrees of pain, and the question in this case is whether California's
lethal injection protocol violates that constitutional prohibition,"
U.S. District Judge Jeremy Fogel said in a hearing last week,
the Associated Press reported.
Until this case is decided, California has temporarily halted
executions. The state now has 658 death row inmates, more than
any other state.
Like many states, California allows capital punishment but certain
methods of execution are prohibited. Lethal injection became the
preferred method after a federal judge ruled in 1996 that using
the gas chamber was cruel and unusual punishment.
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California's
protocol |
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California uses a protocol or procedure that involves three drugs:
an initial sedative that renders the inmate unconscious, a paralyzing
agent that stops breathing muscles and a heart-stopping drug.
 Morales'
lawyers have argued that because the people who sedate the inmate
are not licensed medical practitioners they can make mistakes.
If not sedated properly the paralyzing agent only makes an inmate
seem like he is serene when in fact he is experiencing severe
internal pain.
A witness for the defense, veterinarian Kevin Concannon, testified
that he would not use the protocol on an animal, the San Jose
Mercury News reported.
State experts counter that there is no evidence that there are
problems with the protocol or that inmates suffer.
"We're comfortable that the procedures California has are
constitutionally sufficient," Senior Assistant Attorney General
Dane Gillette said. "I see this case as a way to put this
issue to rest once and for all in California. That's our objective."
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Alternative
procedures |
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 One
alternative is a strong sedative injected by a licensed practitioner.
This method works but takes longer.
In February, Fogel ruled that Morales could be executed with
a sedative alone, but the state could not find a licensed practitioner
willing to do it.
Getting doctors or other licensed practitioners such as nurses,
dentists or paramedics, is almost impossible, as they are ethically
barred from participating in executions.
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Cruel and
unusual punishment |
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The U.S. government has forbidden cruel and unusual punishment
since the early days of its existence.
 As
part of the Bill of Rights, which was drafted in 1789, the 8th
Amendment to the U.S. Constitution says that "excessive bail
shall not be required, nor excessive fines imposed, nor cruel
and unusual punishments inflicted."
Although the death penalty has almost always been legal in the
United States, the U.S. Supreme Court has ruled that certain procedures
are unconstitutional because they are both cruel and unusual.
It is unconstitutional to execute mentally retarded people and
minors under the age of 18 when they committed their crimes.
However, the U.S. Supreme Court has never ruled that a particular
method of execution is not allowed.
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Implications
for other states |
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The four-day hearing ended last week in California and Fogel
is expected to render a decision by early November.
The decision could have implications for other states that use
lethal injection. Of the 38 states that allow capital punishment,
37 use lethal injection.
Missouri, South Dakota and Arkansas have halted executions by
lethal injection until changes are made.
 The
California case is considered significant because it is one of
the most thorough. Judge Fogel broke new ground when he toured
San Quentin's death chamber this spring to get a personal look
at how executions there are handled.
"I think the Morales case and these hearings will be the
most critical events of all the events that have happened in this
area over the past year," Deborah Denno, a Fordham University
professor and leading expert on lethal injection, told the San
Jose Mercury News.
Some legal experts believe that the issue will eventually go
before the Supreme Court.
--Compiled
by Annie Schleicher for NewsHour Extra
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I think we've been witnessing violence for years, whether in reality through the media or through video games, and I don't think that's a first-hand effect.
