Texas’ Death Penalty Procedures in Question
[Guest post by DRJ]
The US Supreme Court recently granted cert in a Kentucky death penalty case to consider whether lethal injections that use a sedative, a muscle paralyzing drug, and a drug that induces cardiac arrest are cruel and inhuman.
According to this report, the “Texas execution procedure is virtually the same as the one in Kentucky.” The execution of Carlton Turner, Jr., has been placed on hold by the U.S. Supreme Court, but there’s disagreement on how this will affect pending Texas’ executions.
Some practitioners believe this means that all Texas executions will be put on hold:
“I think we’re headed toward a moratorium, at least until the Supreme Court resolves the Kentucky case,” University of Texas law professor Jordan Steiker said Friday. “I think now the course seems relatively clear that we are likely to have moratorium on executions for at least nine months, probably a year, until the court issues an opinion and provides definitive guidance.”
Others disagree and believe the true test will be the Heliberto Chi execution set for next week:
“At least four other Texas inmates are scheduled to die in upcoming months, including one next week. Heliberto Chi is set for injection Wednesday for a slaying during a robbery six years ago in Arlington.
“I really think the test will be the Chi case next week,” [David] Dow said. “I think the likely explanation of the Richard case was just the time element. But you have to reserve some very small amount of possibility for something else. And if it was something else, Chi will reveal it.”
If Chi also gets a high court reprieve, he said, “then what I think that means is Texas needs to change its protocol right away, which it can, or stop executing people until the Supreme Court decides the Kentucky case.”
It’s interesting to think about what Texas leaders will do in this situation. I suspect they will seriously consider changing the protocol, but to what?
— DRJ
I suspect they will seriously consider changing the protocol, but to what?
The right way to do it would be to train volunteer prison guards who want to do execution duty as nurse anesthetists. Then have them follow the protocol of a three-year old child going into OR for general surgery. Just with a thousand times or ten thousand times more the anesthesia and no intubation.
nk (7d4710) — 9/28/2007 @ 7:11 pmNK,
Ultimately, I think that’s what will happen but, for now, it seems that Texas has run out of capital punishment methods. Texas has used almost every form of execution – hanging, shooting, electric chair, and lethal injection – but I doubt any procedure could pass Constitutional muster right now. And no matter which protocol they chose, it would be litigated so the year’s time frame would probably be a minimum.
DRJ (ec59b5) — 9/28/2007 @ 7:28 pmThere is absolutely nothing wrong with the LI procedure. The arguments made against it are junk science. I believe Baze is on a fast track so hopefully the ussc will put an end to this nonsense.
dave (273bb4) — 9/28/2007 @ 11:57 pmI would appreciate an anthesialogist to comment on the drug combo used in lethal injections – but my understanding is the amount of seditive is several times greater than a normal surgery such that the probability of feeling any pain is less than one in 10,000. For the rare individual, the subliminal level of awareness, the pain would at most be a dull throb. As post 3 stated, the arguments against the LI procedure are nothing more than junk science. While not a civil case, how did this get past a Daulbert standard?
joe - dallas (138e46) — 9/29/2007 @ 3:26 amThey give five times the amount that would kill you of each drug. IOW, each drug would kill a person on it’s own but would take longer. One of the arguments that the anti-dp made was that the blood level of sodium thiopenthal was too low. However, what they leave out is that sodium thiopenthal is absorbed by fat post-morteum. A blood sample taken within minutes of death will show a level of drug sufficient to induce and sustain coma.
Link
dave (273bb4) — 9/29/2007 @ 4:35 amLet’s use a hooded, sweaty man with an axe!
dchamil (393c08) — 9/29/2007 @ 5:17 amI think it would be humane to line them up in front of a wall, and shoot them.
OldeDog (a9f6ff) — 9/29/2007 @ 6:52 amThere is nothing inhumane about execution by firing squad. If I was to be executed that is the way I would choose to go.
dave (273bb4) — 9/29/2007 @ 7:08 amPublic hangings or firing squads. Quick, effective with the added value of deterrence (and the satisfaction of revenge).
ManlyDad (d62cf6) — 9/29/2007 @ 8:56 amIts just more from the bleedinghearts and the rediclous arguments based oheir idiotic bleeting
krazy kagu (044dd0) — 9/29/2007 @ 12:58 pmThe NY Times reports that Texas plans to go forward so that means the Heliberto Chi execution is next up.
DRJ (ec59b5) — 9/29/2007 @ 1:05 pmI’m not registering. All I could read is this crap:
All Texas is doing is making the inmate file an emergency petition with the ussc.
dave (273bb4) — 9/29/2007 @ 1:13 pmTrue, Dave, but many thought Texas would suspend executions pending the Supreme Court’s decision on lethal injections. Apparently it won’t. The end result may be the same because I’m sure petitions will be filed for the death row inmates.
DRJ (ec59b5) — 9/29/2007 @ 1:40 pmThat’s okay, DRJ. They should still file petitions in each case and not get the benefit of a stay. Life sucks when you’re a vicious murderer.
dave (273bb4) — 9/29/2007 @ 3:00 pmAn overdose of heroin ought to work.
Except it is illegal.
M. Simon (cf8ab0) — 9/30/2007 @ 4:28 amAs said earlier: Hanging, or Firing Squad.
Another Drew (8018ee) — 9/30/2007 @ 3:09 pmBoth methods were in general use at the time of the ratification of the Constitution, and IIRC have been certified by SCOTUS (firing squad in the case of Utah, not sure on hanging – but I’m confident someone can find it).