Methods of Execution
Lethal Injection
In the United States, although there is no exact definition as to what the phrase “Cruel and Unusual” punishment is, it is sought to be; “any punishment that is clearly inhumane or that violated basic human dignity may be deemed cruel and unusual”(1). The method of execution that is preferable by practically every state is the “Lethal Injection”, which is dubbed to be the primary source of execution (2). The lethal injection is basically the practice of killing a person using a lethal dose of drugs. There is actually two methods of lethal injection is still practiced today, one involves using a three drug protocol and another using a large dose of barbiturate (3). Usually in all execution cases, there is always an adjoining room that lets there be an “audience”, usually of the victims’ family, which gets to view the execution. From 1976, there have only been 1203 killings to present (4). This punishment isn’t severely seen to be cruel and unusual due to the high regulations the government puts to regulate this type of execution. The criminal is put down with a form of anti-depressant (Barbiturate), which is said to numb the person; some people take this medication in form to relieve anxiety and stress in their everyday lives.
In the United States, although there is no exact definition as to what the phrase “Cruel and Unusual” punishment is, it is sought to be; “any punishment that is clearly inhumane or that violated basic human dignity may be deemed cruel and unusual”(1). The method of execution that is preferable by practically every state is the “Lethal Injection”, which is dubbed to be the primary source of execution (2). The lethal injection is basically the practice of killing a person using a lethal dose of drugs. There is actually two methods of lethal injection is still practiced today, one involves using a three drug protocol and another using a large dose of barbiturate (3). Usually in all execution cases, there is always an adjoining room that lets there be an “audience”, usually of the victims’ family, which gets to view the execution. From 1976, there have only been 1203 killings to present (4). This punishment isn’t severely seen to be cruel and unusual due to the high regulations the government puts to regulate this type of execution. The criminal is put down with a form of anti-depressant (Barbiturate), which is said to numb the person; some people take this medication in form to relieve anxiety and stress in their everyday lives.
Electric Chair
Aside from Lethal Injection, the United States also practices execution through Electric Chair. For this type of execution, there have only been 158 executions since 1976 to present, and only 8 states practicing this form of killing (5). The process of this form of execution involves the person to be shaved and strapped to a chair with belts that cross his chest, groin, legs, and arms. Once secure in the chair, a metal skullcap electrode is put on their head, and inside there is a moistened sponge with saline (6). The prisoner is also blindfolded with a sponge also on their shaved leg to reduce resistance to the electricity. According to U.S Supreme Court Justice William Brennan, “...the prisoner's eyeballs sometimes pop out and rest on [his] cheeks. The prisoner often defecates, urinates, and vomits blood and drool. The body turns bright red as its temperature rises, and the prisoner's flesh swells and his skin stretches to the point of breaking...” (7). This punishment is viewed upon to be cruel and unusual because there are times that the person who is suppose to prepare everything by strapping the criminal to the chair; sometimes the sponge isn’t wet enough that causes the criminal to practically fry in the chair and catch fire, leaving them in pain rather than a quick death, which is its purpose.
Aside from Lethal Injection, the United States also practices execution through Electric Chair. For this type of execution, there have only been 158 executions since 1976 to present, and only 8 states practicing this form of killing (5). The process of this form of execution involves the person to be shaved and strapped to a chair with belts that cross his chest, groin, legs, and arms. Once secure in the chair, a metal skullcap electrode is put on their head, and inside there is a moistened sponge with saline (6). The prisoner is also blindfolded with a sponge also on their shaved leg to reduce resistance to the electricity. According to U.S Supreme Court Justice William Brennan, “...the prisoner's eyeballs sometimes pop out and rest on [his] cheeks. The prisoner often defecates, urinates, and vomits blood and drool. The body turns bright red as its temperature rises, and the prisoner's flesh swells and his skin stretches to the point of breaking...” (7). This punishment is viewed upon to be cruel and unusual because there are times that the person who is suppose to prepare everything by strapping the criminal to the chair; sometimes the sponge isn’t wet enough that causes the criminal to practically fry in the chair and catch fire, leaving them in pain rather than a quick death, which is its purpose.
Gas Chamber
The following form of execution is the gas chamber. In this form of execution, the prisoner is tied to a chair inside an air tight chamber. Once the executioner pulls the lever, hydrochloric acid begins to flow from a pan behind the chair; followed by another pull of the lever, the executioner then adds a quantity of potassium cyanide crystals into the acid (8). This gas affects the ability of the body to process blood hemoglobin and unconsciousness generally occurs within a few seconds after the prisoner takes a breath (9). It is said to be as severe as suffering a heart attack whilst going through the gas chamber execution. After five to fifteen minutes, the prisoner is pronounced dead. This form of execution isn’t preferably used by the states, as only 3 states actually still use this based upon the request of the prisoner. Since 1976 there have only been 11 deaths from this execution.
The following form of execution is the gas chamber. In this form of execution, the prisoner is tied to a chair inside an air tight chamber. Once the executioner pulls the lever, hydrochloric acid begins to flow from a pan behind the chair; followed by another pull of the lever, the executioner then adds a quantity of potassium cyanide crystals into the acid (8). This gas affects the ability of the body to process blood hemoglobin and unconsciousness generally occurs within a few seconds after the prisoner takes a breath (9). It is said to be as severe as suffering a heart attack whilst going through the gas chamber execution. After five to fifteen minutes, the prisoner is pronounced dead. This form of execution isn’t preferably used by the states, as only 3 states actually still use this based upon the request of the prisoner. Since 1976 there have only been 11 deaths from this execution.
Death by Hanging
The following form of execution is by hanging. Since 1976 there have only 3 people who have endured this execution; in which only 3 states actually practice this form of killing (10). In this form of execution the inmate is usually weighed the day before, and at times there is a test done with sandbags of equivalent weight to the prisoner (11). This test is sought to determine the length of drop that is necessary for a “quick” death. To ensure a quick death, certain things must be done first, such as: boiling the rope to ensure there is no recoil or spring action and the rope must be ¾ inches in diameter. It is said that, “If the rope is too long, the inmate could be decapitated, and if it is too short, the strangulation could take as long as 45 minutes (12)”. The prisoner is then put on a hood with the noose around their neck and with a lever, the trap door opens, leaving the prisoner dangling until their death.
The following form of execution is by hanging. Since 1976 there have only 3 people who have endured this execution; in which only 3 states actually practice this form of killing (10). In this form of execution the inmate is usually weighed the day before, and at times there is a test done with sandbags of equivalent weight to the prisoner (11). This test is sought to determine the length of drop that is necessary for a “quick” death. To ensure a quick death, certain things must be done first, such as: boiling the rope to ensure there is no recoil or spring action and the rope must be ¾ inches in diameter. It is said that, “If the rope is too long, the inmate could be decapitated, and if it is too short, the strangulation could take as long as 45 minutes (12)”. The prisoner is then put on a hood with the noose around their neck and with a lever, the trap door opens, leaving the prisoner dangling until their death.
Death by Firing Squad
The last form of execution is death from firing squad. Which since 1976 there has only been 3 killings using this type of execution, where only 2 states actually practiced this. But this form of execution is based upon if the electric chair and lethal injection is deemed unconstitutional (13). Death of firing squad is usually reserved for military personnel, where the prisoner is set up against a wall of bricks or barrier blindfolded and line of soldiers are lined up several feet away and each soldier is to aim at the prisoners’ heart (14).
The last form of execution is death from firing squad. Which since 1976 there has only been 3 killings using this type of execution, where only 2 states actually practiced this. But this form of execution is based upon if the electric chair and lethal injection is deemed unconstitutional (13). Death of firing squad is usually reserved for military personnel, where the prisoner is set up against a wall of bricks or barrier blindfolded and line of soldiers are lined up several feet away and each soldier is to aim at the prisoners’ heart (14).
Appeals
The appeal process is quite tricky in most instances. There are 3 steps that are taken in order for the appellate process of a person set to face death. The first step taken goes through a step by name of The Direct Appeal, which is an automatic appeal to everyone who has been sentenced to death (15). The prosecutor and defense will present oral arguments to panel of judges that after presented the judges affirm the conviction and actually reverse said conviction and death sentence. The second step of the appellate process is called the State Post-Conviction. This step has to be one of the toughest due the fact that, there are strict timelines that must be followed when filing this appeal and missing a timeline may even end a defendant’s appeal (16). The defendant has the right to choose to petition the U.S Supreme Court with what is called a “writ of certiorari”; in which if the court denies this writ, the defendant has exhausted any remedies that the state has to offer and the case has to be continued in federal court. The final stage of the appeals process is called Federal Habeas Corpus. This is broken down into three steps. The first step is where a petition is sent U.S Court District, where the decision is made by a judge reviewing briefs that have been filed by prosecution and defense. Also, the judge can grant a new hearing if new evidence was found (17). Followed by the next step is where permission to appeal must be sent to the U.S Court of Appeals, where the conviction or sentence is overturned in the federal review; giving the state a chance to re-try the defendant. The final step is the U.S Supreme Court, where to many is the last resort to defendants looking to repeal the death penalty sentence. Unfortunately, the court only handles a handful of cases like these; if the writ of certiorari is denied, then the defendant has then exhausted its appeals, where the only thing left is the executive clemency (18). Executive clemency is the power that is held by a governor to grant relief to a person facing execution (19). The governor has the power to post-pone an execution for the defendant or possibly grants the defendant to a lesser sentence such as: life without parole.
A recent case of appeal involved a man by the name of Marvin Gabrion who was sentenced to death for a murder in 1997 (20). What was interesting was that since Michigan did not have the death penalty, he was still sentenced under the Federal System because the victim who he killed was on federal property. But, by August 3,2011, the death sentence was overturned because the trial judge did not allow the defense to raise the issue that Gabrion could not be sentenced to death if he had been tried in state court (21).
The appeal process is quite tricky in most instances. There are 3 steps that are taken in order for the appellate process of a person set to face death. The first step taken goes through a step by name of The Direct Appeal, which is an automatic appeal to everyone who has been sentenced to death (15). The prosecutor and defense will present oral arguments to panel of judges that after presented the judges affirm the conviction and actually reverse said conviction and death sentence. The second step of the appellate process is called the State Post-Conviction. This step has to be one of the toughest due the fact that, there are strict timelines that must be followed when filing this appeal and missing a timeline may even end a defendant’s appeal (16). The defendant has the right to choose to petition the U.S Supreme Court with what is called a “writ of certiorari”; in which if the court denies this writ, the defendant has exhausted any remedies that the state has to offer and the case has to be continued in federal court. The final stage of the appeals process is called Federal Habeas Corpus. This is broken down into three steps. The first step is where a petition is sent U.S Court District, where the decision is made by a judge reviewing briefs that have been filed by prosecution and defense. Also, the judge can grant a new hearing if new evidence was found (17). Followed by the next step is where permission to appeal must be sent to the U.S Court of Appeals, where the conviction or sentence is overturned in the federal review; giving the state a chance to re-try the defendant. The final step is the U.S Supreme Court, where to many is the last resort to defendants looking to repeal the death penalty sentence. Unfortunately, the court only handles a handful of cases like these; if the writ of certiorari is denied, then the defendant has then exhausted its appeals, where the only thing left is the executive clemency (18). Executive clemency is the power that is held by a governor to grant relief to a person facing execution (19). The governor has the power to post-pone an execution for the defendant or possibly grants the defendant to a lesser sentence such as: life without parole.
A recent case of appeal involved a man by the name of Marvin Gabrion who was sentenced to death for a murder in 1997 (20). What was interesting was that since Michigan did not have the death penalty, he was still sentenced under the Federal System because the victim who he killed was on federal property. But, by August 3,2011, the death sentence was overturned because the trial judge did not allow the defense to raise the issue that Gabrion could not be sentenced to death if he had been tried in state court (21).