Hanging was one of the earliest methods of execution used in the United States. As a punishment for violation of certain crimes, hanging was considered very effective because of its simplicity and social impact. It was simple because it only required a tree and a rope to be implemented. It was effective because it allows the rest of the community to witness the offender’s execution and consequently sends a strong message to the community about the severe punishment of crime.
As
technology developed, changes were also made in the implementation of
capital punishment. In the 1890s, there was a radical change in the
manner executions were made as the state of New York
utilized electrocution in implementing the death penalty. (Richard C.
Dieter 2) The shift from hanging to electrocution can be interpreted
as a shift in the attitude towards capital punishment. While in hanging
every member of the community is made a participant in the execution by
acting as a witness, electrocution emphasized on privacy. Moreover,
since electrocution takes place inside a private room, the incidences of
unruliness on the public are avoided. The shift can also be
interpreted as the first concrete step towards the search for a more
humane, quick, less painful means of executing criminal offenders.
There are however certain imperfections in the use of electrocution. One of the most common problems encountered in electrocution are burning of the portions of the inmate’s body; eyeballs sometimes pop out and rest on his cheeks; flesh swells and skin stretches; sometimes the procedure fails to cause instant death and there is a need to administer repeated shocks. (“Methods of Execution”)
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Lethal Injection
Because
of the inefficiency of the electrocution to effect a more humane way of
execution, gas chamber was used as an alternative and the use of
cyanide gas was introduced in Nevada
in 1924. Lethal injection is just a continuation of the state
searching for the most humane method of punishing a criminal offender.
In search for the most humane, less painful and quickest means to execute criminal offender, the United States was the first country to perform executions by lethal injection in 1982 although Oklahoma as early as 1977 had passed legislation allowing lethal injection. China subsequently followed and became the second state to adopt lethal injection in 19977.
In the United States,
Charles Brooks was the first convicted criminal to have been executed
through legal injection on December 2, 1982. It is said that 38 states
are currently adopting this method of execution. (“Descriptions of
Execution Methods”) As of July 1, 2006,
861 of 1,029 (81%) executions performed since 1976 have been by lethal
injection, including 375 of the last 378 executions. (“Methods of
Execution”)
It
is presently considered as the most humane and least painful means of
execution. This method makes use of a combination of three drugs: a)
sodium thiopental or sodium pentothal which is a barbiturate that
renders the prisoner unconscious, b) pancuronium bromide which is a
muscle relaxant that paralyzes the diaphragm and lungs and c) potassium
chloride which causes cardiac arrest. In this method, the convicted
individual is first escorted into the gas chamber and is strapped into a
gurney with ankle and wrist restraints. He is then connected to a
cardiac monitor which is connected to a printer. Two needles are then
inserted into the person’s veins, usually in his arms. The needle is
connected to long tubes which contain harmless saline solution that is
started immediately. Then, he is injected with sodium thiopental. Then,
pancuronium bromide is injected to the convicted person. Finally, the
flow of potassium chloride stops the heart. Death results from
anesthetic overdose and respiratory and cardiac arrest while the
condemned person is unconscious.
Eighth Amendment Argument against Lethal Injection
Despite
the evolution in the manner convicted criminal offenders are being
executed and the use of modern medical methods of execution, there are
still those who oppose lethal injection and argue that it can cause
unnecessary pain and suffering. Specifically, lawyers for the accused
in Kentucky challenged
the use of three-drug combination arguing that lethal injections
violate the Eighth Amendment prohibition against cruel and unusual
punishment. In view of these oppositions, executions in the United States have been stopped pending the resolution by the Supreme Court on this case.
The
opponents of lethal injection who are anesthesiologists and end-of-life
doctors argue that if a person is not properly anesthetized the
paralyzing drug which is the second drug injected will prevent the
inmate from being able to indicate any pain or distress. (Eric Weiner
1) The third drug will make matters worse for the inmate as he will
only feel as if he is slowly being suffocated. This experience will be
excruciatingly painful for him and he will most likely feel burning
sensation in his veins.
Baze v. Rees
The
argument that lethal injections violate the Eighth Amendment has
already been settled by the Supreme Court in the case of Baze v. Rees,
217 S. W. 3d 207 (2008). In ruling that lethal injections do not
violate the prohibition on cruel and unusual punishments, the Supreme
Court made the following declarations, to wit: 1) The case of Gregg v.
Georgia, 428 U.S. 153 (1976) has declared that capital punishment is
constitutional. This only means that the constitution accepts the fact
that pain cannot be absolutely avoided in capital punishments. No
matter how humane the method is, it must follow that there will always
be pain associated with capital punishment. Thus, it can be inferred
that in order to comply with Eighth Amendment it does not demand the
avoidance of all risk of pain in executions; 2) Although it may be true
that there is a significant risk that the procedures in lethal
injections may not be properly followed, and that the execution may
result in pain, either because of accident or as an inescapable
consequence of death, it does not follow that the punishment violates
the Eighth Amendment prohibition on cruel and unusual punishment; 3)
While it may be true that there are other safer and less painful
alternative to lethal injection, as claimed by the opponents of lethal
injection, it also does not follow that lethal injections violate the
Eighth Amendment. To allow opponents of capital punishment to establish
that a violation of Eighth Amendment had taken place merely by virtue
of presenting other alternatives, which they claim to be less painful
and more humane, would in effect convert the courts to board of inquiry
which shall be responsible for determining the best practices for
executing criminal offenders; 4) lethal injections do not violate the
Eighth Amendment because the same is accepted the 36 states that
consider lethal injection as the preferred method of execution. The
same states utilize the three-drug combination in their executions. It
must be stressed that none of the states presently use the one-drug
alternative being proposed by the opponents of lethal injection; 5) the
risk of the improper administration of the drug involved does not also
suffice to render lethal injections as violating of the Eighth Amendment
as all the states that adopt lethal injections provide for safeguards
to ensure that an adequate dose of drugs is administered to the
convicted offender. One of the safeguards is that the members of the
team who will administer the three-drug combination are required to have
at least one year of professional experience. Also, they must be
licensed medical professionals and must participate in at least 10
practice sessions per year. An additional safeguard is the presence of
the warden and deputy warden in the execution chamber who are tasked to
closely monitor and watch for problems in the execution.
Conclusion
The
Supreme Court has eloquently spoken on the issue of Eighth Amendment
violation of the use of lethal injection as a method of execution.
Lethal Injections do not violate the Eighth Amendment. Gregg v. Georgia
allows and recognizes that constitutionality of death penalty. The
three drugs administered to the offender which serve different functions
in the body ensure that the offender will experience a quick and
painless death. The persons administering the lethal injection are all
medically qualified and with sufficient expertise and training. The
warden also closely monitors the administration of the lethal
injection. While it may have imperfections, as of the moment it is the
quickest, less painful and humane methods of execution.
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