- Apr 5, 2010
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Thé court violated the First Amendment in requiring a chaplain of the chosen faith of the state.Is a slow and painful execution torture?He kills his ex-lover’s new boyfriend, kidnaps and rapes her, shoots at her 6-year-old son and a police officer. Too bad the cops didn’t kill him when they had the chance.
He plays the appeals game for years and gets a stay with the support of Justice Kennedy. His latest ploy is to complain that a lethal injection will cause him pain due to a congenital condition.
In a decision that exposed stark divisions among the justices on the death penalty, the court ruled 5-4 that Bucklew had failed to present enough evidence to pursue his request to be executed by lethal gas. The court’s five conservatives were in the majority and its four liberals dissented.
Referring to the history of capital punishment, conservative Justice Neil Gorsuch wrote for the court’s majority that “the Eighth Amendment does not guarantee a prisoner a painless death - something that, of course, isn’t guaranteed to many people, including most victims of capital crimes.”
Does that mean that states are now free to reinstate electric chairs, gas chambers, hanging, or even firing squads?
We can only hope.
More @ Death row inmates not guaranteed 'painless' execution, U.S. Supreme Court says | Reuters
Cruel and unusual punishment
Is excruciating pain cruel?
For this guy I don't really care, but the cruel and unusual ban was about torture before execution mostly , which was very common in the years leading up to the Constitution, things like drawing and quartering, stretching, pressing, racking. Things to make you confess before they killed you.
The Death Penalty is Constitutional, it is even considered as a punishment, where the 5th amendment requires due process to be deprived of "life, liberty, or property"
Cruel and unusual punishment is the threshold
No, because torture is designed to punish or extract information, not to execute.
The problem with going with another method, i.e. the Nitrogen hypoxia method, is that we all know the second the State agrees to it, The State will be sued for violating its legal execution method. If they amend their execution law, they will be sued for implementing it ex post facto.
It's the same issue with asking for a certain Chaplain to enter the chamber when the person is not authorized. They sue to get him allowed in, and if he is, they will sue because he isn't part of the rules on who is allowed in. and if they changed the rules, BOOM, back to the ex post facto argument.
This is not about the pain of this one inmate, this is about attempts to make the Death Penalty impossible via countless legal challenges.
Luckily this decision also commented on that, and hopefully lower courts will get the message.
The purpose of the Chaplain is to allow the condemned to make peace with God before he is executed. Forcing a Muslim to use a Christian chaplain does not make sense
They were not denied the Chaplain before the execution, only not allowed to have him/her in the death chamber.
Entry to the death chamber is strictly limited by law.