Lethal Injection & the
Eighth Amendment
It’s the Bill of Rights, not
Privileges
Grant Baginski
How does Lethal Injection work?
The current practice of Lethal Injection involves
a three drug mixture.
First: a barbiturate is administered as an anesthetic in
order to render the inmate unconscious.
Second: a neuromuscular blocker is administered that
paralyzes the inmate and is intended to
prevent involuntary muscle spasms.
Third: Potassium chloride is administered which stops
the heart
The Eighth Amendment
“Excessive bail shall not be
required, nor excessive fines
imposed, nor cruel and
unusual punishments
inflicted.”
The 8th Amendment isn’t as
well known as some others,
but it’s just as important as
every other amendment in
the Bill of Rights.
Eighth Amendment cont.
It’s this amendment that
prevents the government
from inflicting torture, or
any other inhumane
treatment on its citizens
It was originally designed
to prevent punishments
such as drawing and
quartering
How does this apply to Lethal
Injection?
The supreme court has held that cruel and
unusual punishments are those that
offend society’s “evolving sense of dignity”
The supreme court has also said that a
cruel and unusual punishment is any that
causes a “wanton and unnecessary
infliction of pain”
How does this apply? Cont.
The current dose of the drug, thiopental, used for
anesthesia will not always render the inmate
unconscious for the whole procedure
The second drug, pancuronium bromide, paralyzes the
inmate, and causes suffocation.
The third drug, potassium chloride, causes cardiac arrest
and literally burns through the veins, causing
excruciating pain if the person is conscious.
How does this apply? Cont.
If the anesthetic
doesn’t work
correctly, or wears off
too soon the inmate
will be forced to
endure the pain of
suffocation and the
burn of the potassium
chloride as they
literally wait to die.
How does this apply? Cont.
If this occurs the pancuronium bromide
prevents the inmate from displaying any
signs of consciousness or any
demonstration of pain whatsoever.
How does this apply? Cont.
While some people may choose to debate
whether this violates society’s current
standards of decency, it is certain that this
current practice can inflict unnecessary
pain on the inmate.
Why should we care?
The Bill of Rights is just
that, a bill of Rights, not
simply privileges.
These rights are
guaranteed, by the
Constitution, to all
citizens of the United
States and any chance of
infringement of these
rights should be
considered unacceptable.
What can be done?
The most popular and safest solution, in terms
of constitutional rights, is a switch from the
current three drug mixture to a single lethal
dose of the barbiturate used for anesthesia.
This would guarantee that the inmate is
unconscious prior to death.
This method would ensure that there was no
possibility of unnecessary pain being inflicted on
the inmate, thereby preventing any violation of
the Eighth Amendment.
References
Library Features Exhibit on the U.S. Constitution. Retrieved March 5, 2009,
from The Patriot Spot Web site:
http://uttylerlibrary.files.wordpress.com/2008/09/constitution1.jpg
(2009, Feb 04). Tennessee executes man for couple's slaying. Retrieved
March 5, 2009, from New York City News Web site:
http://www.nyctn.com/images/en/345377.jpg
Titans, those crazy old god-folks…. Retrieved March 5, 2009, from
HubPages Web site: http://z.hubpages.com/u/273258_f260.jpg
United States Constitution. Retrieved March 5, 2009, from Cornell University
Law School Legal Information Institute Web site:
http://www.law.cornell.edu/constitution/constitution.billofrights.html
Retrieved March 5, 2009, from Lots O' Thoughts Web site:
http://img141.imageshack.us/img141/6271/billofrightssg7nk8.png
Questions?