In a case to be argued on Jan. 7, the U.S. Supreme Court justices are being asked to give judges a standard for evaluating challenges to lethal injection protocols under the Eighth Amendment ban against cruel and unusual punishment. But death penalty litigators and scholars are worried that the high court will not have the full picture of what happens in lethal injection executions -- and that the justices did not pick the "best" case in terms of a record showing the problems that surround the procedure.
December 21, 2007 at 12:00 AM
1 minute read
The original version of this story was published on Law.Com
In 2004 and 2006, the U.S. Supreme Court opened doors to civil rights challenges to execution by lethal injection. Will it close those doors in the new year?
The Supreme Court has never held that a method of execution, such as electrocution or firing squad, violates the Eighth Amendment ban against cruel and unusual punishment. It is not being asked to hold that lethal injection is an unconstitutional method in Baze v. Rees, No. 07-5439, which will be argued on Jan. 7.
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