I have done work on two different IP cases - one where the person was likely guilty and the other where the person was likely not. It’s pretty eye-opening when you start looking into the details.
It now looks like the IV went interstitial and the phenobarb went into subcutaneous tissue rather than the circulation. It isn’t hard to determine if an IV is functioning. But it likely also is the case that medical professionals don’t want to be involved in executions so who knows who was managing the IV
You may recall the death penalty was ruled unconstitutional for a few years in the 70s. It was only reallowed after states updated their procedures. It is in no way constitutionally guaranteed, though.
Since you don’t like using words, I’ll fill in: individual states can prohibit it. Congress can’t easily prohibit it nationwide because states control their own criminal law under the 10th amendment.
A willing Congress could try to find a constitutional reason to outlaw it and roll the dice with the Supreme Court. Or they could make it unpalatable for states to keep it – like they do with minimum drinking age being tied to state highway funding.
Of course we’re talking about a 60 seat threshold in the Senate since Republicans would never go for it, so this is all just theorycrafting. States are where actual change can happen.
We don’t have the death penalty here so we don’t have that dilemma. However, having followed a case a couple of years ago when an inmate had spent nearly all of his adult life on death row only to be released due to corruption and withholding evidence that cleared him I am not sure how people support it knowing there is that doubt.
There was a guy executed proclaiming his innocence only to be cleared by hidden DNA 4 years after his death.
All it takes is one corrupt or incompetent investigator.
I guess in principle I’m not against execution but for me there has to be level of guilty far above and beyond what the standard is in the US. Too easy to get it wrong. I also don’t like the haphazard way it seems to be dished out. I’d be fine with just doing away with it.
Not just sentencing innocent people, but also where certain people are more likely to sentenced to death than other people.
So there are so many ways it is a flawed system. And the people that support it for some reason are not also trying to address these flaws, I wonder why…
Slavery was constitutional for 70 - 80 years. Yet it was abolished in a lot of states at the time. This ain’t rocket surgery. But yet Windy Schmitt is still insisting he is right.
I’m against the DP for practical reasons, not moral ones. Too many people wrongly convicted. Imagine being innocent, going to trial and drawing jurors like the ones in the Lindsay Clancy trial. No thanks.
As with a lot of things in life a little common sense can go a long way. There are many cases where there is absolutely no doubt the person did the crime, in those instances the death penalty should be delivered in days, not years.
Other cases where there is a degree of uncertainty then sure, life not death.
The only way to abolish it at a national level such that no federal or subordinate jurisdiction can apply it. But as has been clearly pointed out to you, 23 states and the District have already banned the death penalty in their jurisdictions. Constitutional prohibition is NOT the only way to ban something.
I guess it never occurred to anyone to use an intraosseous needle as are stocked on every ALS ambulance in the country.
The stupidity of this situation is so on brand for our country right now. Carry out the most consequential sentence the law can impose and staff it like a corner lemonade stand, fuck it up to high heaven then ship the condemned to the ICU for a $100,000 full code stabilization plus the requisite lawsuits to follow.