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Supreme Court fuels death penalty confusion
ap on Bakersfield Californian ^ | 2/2/06 | Gina Holland - ap

Posted on 02/02/2006 9:31:26 PM PST by NormsRevenge

WASHINGTON (AP) - The Supreme Court has triggered a debate over the mix of drugs used to carry out death sentences, with the justices delaying three executions and giving hope of eleventh-hour reprieves to other inmates.

Florida and Missouri were forced to cancel executions by lethal injection this week. Prisoners in California, Maryland and other states are trying to win stays this month.

An announcement from the high court last week is giving new hope for their appeals. The justices will consider whether a Florida inmate was wrongly barred from pursuing a claim that the lethal drugs cause pain in violation of the constitutional protection against cruel and unusual punishment.

The court's eventual decision will not answer broader questions about the appropriate way for states to carry out capital punishment, although some justices have expressed concerns about lethal injection.

The justices' intervention, even on the technical matter of how inmates can challenge lethal injection, energized lawyers who defend condemned prisoners.

"They are all jumping on the band wagon. They have an issue with more meat than they had before," said Kent Scheidegger, legal director of the Criminal Justice Legal Foundation, a pro-death penalty group.

"It's going to be harder to carry out an execution," he predicted.

Not all inmates have received reprieves.

A Texas prisoner was executed this week after losing Supreme Court appeals. Last week, the court voted 6-3 to let Indiana execute a man despite an appeals court decision clearing the way for the prisoner to challenge lethal injection.

"Everybody's scratching their heads trying to figure out what's going on," Scheidegger said.

Douglas Berman, a law professor at Ohio State University, said the court created "a ripple effect far beyond what they may have anticipated."

"What they've fundamentally done is guarantee that every execution is in a state of limbo and uncertainty - and led to more litigation," Berman said.

Florida probably will have significant support from other states when the appeal of inmate Clarence Hill is argued in April. Every state that has capital punishment, with the exception of Nebraska, uses lethal injection. Nebraska only uses the electric chair.

Florida was one of the last states to switch to lethal injection, ending the sole use of its electric chair, known as "Old Sparky," after the Supreme Court said in late 1999 that it would consider if the method was unconstitutional.

Lethal injection was considered more humane than the electric chair, firing squad, gas chamber or hanging. Over the years, however, studies have shown that the drug combination used in many states may not adequately sedate inmates before administration of the final medicine that causes their heart to stop.

The Supreme Court last considered a related case in 2004. An Alabama death row inmate had claimed that his damaged veins would require prison doctors to cut deep into his flesh to deliver the chemicals. He won the right to pursue his claim in a limited ruling by Justice Sandra Day O'Connor and still is pressing his case.

O'Connor retired on Tuesday and was replaced by Justice Samuel Alito, whose first case was the death penalty appeal from Missouri. He broke ranks with the court's conservatives, Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas, who voted to allow the execution of Michael Taylor. They were outvoted by Alito and the court's more liberal members.

"It's a reasonable, cautionary vote. It doesn't necessarily indicate leanings toward death penalty defendants," said Richard Dieter, executive director of the Death Penalty Information Center, which opposes capital punishment. "But at least he's going to be his own person."


TOPICS: Crime/Corruption; Government; Politics/Elections
KEYWORDS: confusion; deathpenalty; fuels; lethalinjection; supremecourt

1 posted on 02/02/2006 9:31:28 PM PST by NormsRevenge
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To: NormsRevenge

That's it, time to go back to simply hanging or firing squad them...you know like the founders considered appropriate method for the adminstration of justice....


2 posted on 02/02/2006 9:41:49 PM PST by AZRepublican ("The degree in which a measure is necessary can never be a test of the legal right to adopt it.")
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To: NormsRevenge
"He (Justice Alito) broke ranks with the court's conservatives, Chief Justice John Roberts and Justices Antonin Scalia and Clarence Thomas, who voted to allow the execution of Michael Taylor. They were outvoted by Alito and the court's more liberal members."

Is Alito wearing Sandra Day O'Connor's panties? So far the two newest SCOTUS justices have been a wash; and it appears nothing has been gained for conservatives with these two.

It will be very interesting to see what they do when crunch time comes to overturn Roe. Here's hoping and praying they'll do what we hoped they were placed there to do, but neither man strikes me as being truly 'strict constructionists' who are courageous enough to rule against Roe v Wade precedent. Roberts said that Roe was "settled law", and that his faith will never play a role in his decision making. Alito felt it necessary to show the world that he's an individualist who won't necessarily stand beside the other conservative Justices.

3 posted on 02/02/2006 10:21:03 PM PST by TheCrusader ("The frenzy of the mohammedans has devastated the Churches of God" Pope Urban II ~ 1097A.D.)
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To: NormsRevenge; doug from upland; socal_parrot; Semper Paratus; AzaleaCity5691; LaineyDee; Pylot; ...

PING


4 posted on 02/02/2006 10:36:06 PM PST by Former Military Chick
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To: NormsRevenge

This is just plain stupid.
The first drug they inject puts you to sleep, like the drug used for surgeries. It doesn't hurt. After a mega dose of that, if it does already kill you, a whole series of other drugs are injected that do.

This was a dumb move by Alito. Unless he really is stupid and wasn't aware what those drugs do.

personally I would like to see them hang, and feel that snap of their neck for that instant. or better yet, suffer the same death as their victims for true 'eye for an eye' justice.


5 posted on 02/02/2006 11:09:23 PM PST by Nathan Zachary
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To: Nathan Zachary
This was a dumb move by Alito. Unless he really is stupid and wasn't aware what those drugs do.

If the court is going to schedule a case on the subject, it would make sense to stay executions pending the outcome. Otherwise the court would find it difficult to avoid accusations that when they do hear the case they're biased by a desire to avoid being seen as having made a fatal mistake.

Better to grant cert, issue the necessary stays, and then put the issue to rest than to simply deny cert while leaving it open.

6 posted on 02/03/2006 12:22:58 AM PST by supercat (Sony delenda est.)
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To: Nathan Zachary
They say the first drug they use to put them to sleep may not work as well. This followed by the next drugs that paralizes and stop their hearts respectively them could cause them to feel pain. Thus cruel and unusual punishment.
What about their victims?
What about the disabled Schiavo case?

Where was the court then?
Seems like the criminals have more rights in this country.
7 posted on 02/03/2006 1:49:07 AM PST by lula (Starving the disabled is OK, go to jail if you do the same to an animal...go figure)
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To: NormsRevenge

I just don't get it. Since when is the death penalty, or any other punishment, constitutionally required to be pain free. Life isn't pain free. The slighest twinge of pain does not constitute torture, cruelty, or 'unusual punishment'.


8 posted on 02/03/2006 4:04:19 AM PST by No Longer Free State (No event has just one cause, no person has just one motive, no action has just the intended effect)
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To: No Longer Free State
The slighest twinge of pain does not constitute torture, cruelty, or 'unusual punishment'.

Expect this to be the final ruling from the court, putting this issue to rest.

9 posted on 02/03/2006 4:26:04 AM PST by Erik Latranyi (9-11 is your Peace Dividend)
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To: NormsRevenge

Just give 'em a massive overdose of Heroin..


10 posted on 02/03/2006 5:21:39 AM PST by Drammach (In the kingdom of the blind, the one-eyed man is king..)
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To: supercat
"Better to grant cert, issue the necessary stays, and then put the issue to rest than to simply deny cert while leaving it open."

Comforting to find a rational analysis among the knee jerk reactions.

11 posted on 02/03/2006 5:44:59 AM PST by verity (The MSM is comprised of useless eaters)
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To: NormsRevenge

Like I have said before, Overdose them on Heroin. They love it. Just leave the needle in the cell and half of them will give itto themselves.


12 posted on 02/03/2006 6:30:26 AM PST by sgtbono2002
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To: NormsRevenge
This is baffling. Just how far is our system supposed to go to make sure the poor widdle baby doesn't get any owies as he's executed? For cryin' out loud! It's supposed to be punishment!

The Constitution bans punishment that is both cruel and unusual. If it hurts for a minute or two, in rare circumstances, whoopdie doo.

I agree that we need to be very, very careful who is executed, to avoid killing the wrong guy. But all this hand wringing over how to execute a merciless, violent monster is a monumental waste of energy, IMO.

13 posted on 02/03/2006 7:40:04 AM PST by TChris ("Unless you act, you're going to lose your world." - Mark Steyn)
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To: No Longer Free State
Just a thought. In all the intellectual fun and games we've neglected to connect cause and effect, crime and punishment. The death penalty is not imposed aribrarily and in a vacuum. It's imposed for a very real reason. It's there because the convicted person caused the death of an individual who died in unimaginable fear and physical anguish. Having taken all reasonable measures to assure that no unreasonable pain is incurred, well ... quibbling over fine points is a great legal pass time but hardly seems conducive to justice.
14 posted on 02/03/2006 7:02:16 PM PST by ArmyTeach (Pray daily for our troops.)
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To: Nathan Zachary

Eye for an eye ~ Bump!


15 posted on 02/05/2006 10:47:50 AM PST by stephenjohnbanker
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