Tuesday, October 1, 2013
Deborah W. Denno (Fordham University School of Law) has posted Lethal Injection Secrecy Post-Baze (Georgetown Law Journal, Vol. 102, No. 5, 2014) on SSRN. Here is the abstract:
Meanwhile, post-Baze legal challenges have been overshadowed by an even bigger obstacle to lethal injection: unanticipated national shortages in lethal injection drugs, which have resulted in a new wave of litigation and protocol changes as states struggle to procure the drugs they need to carry out lethal injection executions.
Left with little guidance from Baze and dwindling drug supplies, states are likely to retreat into secrecy regarding their lethal injection procedures, making it increasingly difficult to identify and address enduring problems with those procedures. This article calls for transparency as a crucial foundation for efforts to ensure that lethal injections remain constitutional at a time when the future of this execution method is far from clear.