Wednesday, July 23, 2014

Arizona Botches Un-Enjoined Execution

Arizona reportedly botched the execution today of Joseph Wood III, the condemned prisoner who won a preliminary injunction against his execution at the Ninth Circuit, but then lost when the Supreme Court vacated that order.

According to numerous sources, Wood gasped and snorted for nearly two hours after receiving the drug cocktail that Arizona used to kill him.  WaPo reports here.

Now with the benefit of hindsight, Chief Judge Kozinski's earlier dissent from the Ninth Circuit denial of a rehearing en banc has especial resonance.  In a brief opinion rejecting Wood's legal claim, Judge Kozinski also heavily criticized the way the federal government and states now administer the death penalty.  Take a look:

Whatever happens to Wood, the attacks [against the death penalty] will not stop and for a simple reason: The enterprise is flawed.  Using drugs meant for individuals with medical needs to carry out executions is a misguided effort to mask the brutality of executions by making them look serene and peaceful--like something any one of us might experience in our final moments.  But executions are, in fact, nothing like that.  They are brutal, savage events, and nothing the state tries to do can mask that reality.  Nor should it.  If we as a society want to carry out executions, we should be willing to face the fact that the state is committing a horrendous brutality on our behalf.

If some states and the federal government wish to continue carrying out the death penalty, they must turn away from this misguided path and return to more primitive--and foolproof--methods of execution. . . .  The firing squad strikes me as the most promising. . . .  Sure, firing squads can be messy, but if we are willing to carry out executions, we should not shield ourselves from the reality that we are shedding human blood.  If we, as a society, cannot stomach the splatter from an execution carried out by firing squad, then we shouldn't be carrying out executions at all.

http://lawprofessors.typepad.com/conlaw/2014/07/arizona-botches-un-enjoined-execution.html

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