Are we witnessing the beginning of the end of the death penalty in America? All of it might come down to a basic
issue of supply.
So, what do you do if you are a hangman who runs out of rope? To put it
in more conventional terms, suppose you are a state that
executes people by lethal injection, but you’re running
out of the lethal chemicals used to put people down like
animals.
Perhaps you’d do what some states have done and buy your chemicals on
the black market, so to speak.
In March, a Judge Richard J. Leon, a federal judge in Washington, D.C.,
issued an order and opinion banning the importation of sodium thiopental, an anesthetic
and the first of a three-chemical cocktail administered
to a condemned inmate. Once the inmate is unconscious, he
or she is injected with pancuronium bromide, which paralyzes
the person, and potassium chloride, which causes death through
cardiac arrest.
According
to the judge, it was disappointing that the Food and Drug
Administration (FDA)
broke the law by allowing shipments of the drug form foreign
countries, unapproved for the purpose of executions. Without
FDA approval, according to the judge, the sodium thiopental
would fail to put the inmate to sleep, causing “conscious suffocation, pain, and cardiac
arrest.”
Judge Leon ordered the FDA to notify state corrections
departments that they must surrender the drug to the FDA.
The
drug is only available overseas, as the only U.S.
manufacturer recently ceased production last year amid controversy
over its use. Moreover, the European Union recently announced
restrictions on
export of
the drug. But with sodium thiopental unavailable, the most
logical replacement is pentobarbital.
This replacement drug, which is a more expensive alternative, has been used by 12 states to put
47 people to death since 2010, according to the Death Penalty
information Center, and is widely used to put down animals.
In addition, the chemical is used to treat insomnia and
as a seizure treatment for epilepsy.
Manufacturers of pentobarbital, including Danish manufacturer Lundbeck,
Inc., have made it known to various states that they do
not want the drug used for executions. States such as Arizona,
Georgia and Texas apparently have stockpiled pentobarbital and say they have enough
supply for this year’s executions.
Texas
apparently bought $50,000 worth
last year and wants to block information on its stockpile, and the state has accused
the anti-death penalty group, Reprieve, of “‘intimidation and commercial harassment’
of manufacturers of medical drugs used in lethal injections”. Arizona has had its lethal injection protocols challenged, as inmates have sued the state for giving the state’s corrections
director too much discretion. Meanwhile, Ohio just resumed executions after a federally-imposed six-month
moratorium because prison officials were not following proper
procedures. And Alabama stayed an execution in March after the condemned inmate argued
that Pentobarbital does not completely sedate and amounts
to cruel and unusual punishment under the Eighth Amendment.
With both domestic and international public pressure on the purveyors
of death, it seems they’re feeling the heat, as well they
should. Willing executioners are in short supply, and former
executioners have seen enough to know they want no part
of it. Further, they have likely killed innocent people.
Many doctors are unwilling to break their Hippocratic oath
to do no harm, or are forbidden to do so.
Used to extinguish 1,100 lives in 35 states - some of them most certainly innocent
- lethal injection is the prominent form of capital punishment
in the U.S. Marketed as the clean, humane form of capital
punishment, lethal injection was billed as the friendly,
painless type of execution. But we should ask, how harmless
can you really make a lynching?
If lethal injection falls out of favor, either through a dwindling supply
of the poisonous cocktail of death, lack of public support
or a court ruling, what do the states do after that? Do
they return to the hangman’s noose? That seems unlikely,
reminds us too much of the strange fruit hanging from the
trees that Billie Holiday used to sing about.
What about the electric chair, which has been known to cook people alive?
Or the gas chamber, like the Nazis used to use?
Then there’s the firing squad. Better yet, how about stoning, or drawing
and quartering, which is really old school?
Here’s a better idea. Just get rid of the death penalty for good. America is the only Western nation that executed
people last year. And the U.S.
is in the top five of nations that execute, putting us in league with
China,
Iran, North Korea
and Yemen.
We’ll never get it right with the death penalty because
executions are so wrong.
No matter how the state kills a person, you can’t wipe the blood from
your hands.
BlackCommentator.com Executive Editor, David
A. Love, JD is a journalist and human rights advocate based
in Philadelphia, is a graduate of Harvard College and the University
of Pennsylvania Law School. and a contributor to The Huffington
Post, the Grio, The Progressive
Media Project, McClatchy-Tribune News Service,
In These
Times and Philadelphia
Independent Media Center. He also blogs at davidalove.com, NewsOne, Daily Kos, and Open Salon. Click here to contact Mr. Love.
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