Once again, the opponents of the death penalty get stung by the fact that the Constitution explicitly permits capital punishment and there is not constitutional mandate that executions be pain free. It is punishment, after all.

The Supreme Court on Wednesday upheld the most common method of lethal injection executions, likely clearing the way to resume executions that have been on hold for nearly 7 months.

The justices, by a 7-2 vote, turned back a constitutional challenge to the procedures in place in Kentucky, which uses three drugs to sedate, paralyze and kill inmates. Similar methods are used by roughly three dozen states.

''We ... agree that petitioners have not carried their burden of showing that the risk of pain from maladministration of a concededly humane lethal injection protocol, and the failure to adopt untried and untested alternatives, constitute cruel and unusual punishment,'' Chief Justice John Roberts said in an opinion that garnered only three votes. Four other justices, however, agreed with the outcome.

Roberts' opinion did leave open subsequent challenges to lethal injection practices if a state refused to adopt an alternative method that significantly reduced the risk of severe pain.

The reality, though, is that the opponents are likely to never meet that burden of proof. How does on determine that there is severe pain? What constitutes a significant reduction of risk? The terms are so vague as to be meaningless.

I still want states to adopt my alternative form of lethal injection – 9mm of lead to the base of the skull delivered at high velocity. Quick, efficient, and relatively painless.

And if we want to be sporting about it, give the condemned a choice of 10 pistols – one of which will be unloaded. An empty chamber results in an automatic commutation to life without parole – but only after the condemned has felt the muzzle to the head and heard the click of the trigger, giving them instant empathy with their innocent victim who was not even offered that much mercy.

Posted by: Greg at 11:39 AM | Comments (1) | Add Comment
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