LA Times and the 'Humane' Nature of Lethal Injection

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While the word "humane" does appear within the Supreme Court's ruling today upholding Kentucky's lethal injection method of execution, is it biased of Los Angeles Times reporter David Savage to put the term in quote marks in his lede? I'm leaning towards yes.:

WASHINGTON -- The Supreme Court cleared the way today for executions to resume across the nation, ruling that lethal injections, if properly carried out, are a "humane" means of ending a condemned individual's life.

The court upheld Kentucky's use of lethal injections by a surprisingly large 7-2 vote.

By contrast, here's how the New York Times's David Stout opened his article, set for print in tomorrow's April 17 edition (emphasis mine):

WASHINGTON — The Supreme Court on Wednesday upheld Kentucky’s method of putting criminals to death by lethal injection, not only clearing the way for Kentucky to resume executions but also for other states to do so. But one justice predicted that the ruling would not end disputes over lethal injection and could reignite the debate over capital punishment itself.

By 7 to 2, the court rejected challenges to the Kentucky execution procedure brought by two death-row inmates, holding that they had failed to show that the risks of pain from mistakes in an otherwise “humane lethal execution protocol” amounted to cruel and unusual punishment, which is banned by the Constitution.

Savage's print equivalent to air quotes seems to inject personal opinion into the story, whereas Stout's quotation in his second graf quotes from a portion of Chief Justice Roberts's opinion in Baze v. Rees.

What say you, counselors? Let me know in the comments field.

(h/t Steve Dillard)

—Ken Shepherd is Managing Editor of NewsBusters


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Ok, this is guaranteed to upset everyone...

I'm pro-death penalty personally, but at least I'm not comfortable about it (especially the racial aspects). I'm also uncomfortable about the historically recent medical-ization of the death penalty. I like the idea of a reusable rope, or maybe 5 .308 cartridges & a blank, better than a cocktail of untestable drugs that require timing & skill to work properly & humanely. In the case of screw-ups, the new drug cocktail is probably one of the LEAST humane ways to kill someone. If you're "for" torturing killers to death then be honest about it. I'm increasingly uncomfortable with being dishonest about the issue, as the system is currently. Also, the involvement of actual doctors entails taxpayer expense and invokes the Hippocratic Oath.

But (and this is the part that's really gonna piss people off) the state already knows exactly how a single, unskilled, non-cocktail injection can be both quite lethal and quite humane. The same state confiscates a lot of the substance in question, so there'd be no cost to taxpayers. It's called "heroin," and administering enough of it is guaranteed to humanely & quickly kill anyone who needs killing. It can even be injected by someone as dimwitted as a FL prison guard (sorry, but one of 'em replaced natural sponges with plastic ones in "Old Sparky," and I'm still mentally reeling over just how public-education-stupid that move was!). The only "risk" of the heroin overdose method is that a person who's set to die anyway might experience one brief moment of opiate-induced pleasure before he dies. I'm willing to take that risk.
JMR

The tax & spend drug war looks racist in the real world.

I say bring back the

I say bring back the guiotine, quick and relatively painless.  It snaps the spinal cord from the head and therefore any receptors.  If publically televised could provide a deterrent to crimes needing teh death penalty.  Heck France may even like us again for reviving a centuries old tradition that in recent years ahs lapsed in oblivion.

Nuke em til they glow then shoot em in the dark.

sarc... I'm not upset...I

sarc...

I'm not upset...I agree.

"Never murder your opponent when he is committing suicide." ~ W. Churchill

Not Surprising

The only surprising thing is that Justice Stevens would join with 7-2 majority. He did file his own concurring opinion as did Scalia, Thomas and Alito.

For the record those who voted to uphold the Kentucky Commisoner of Corrections were Roberts, Alito, Kennedy, Scalia, Thomas, Stevens and Breyer.

Of the two dissenters, Ginsburg was council to the ACLU and Souter, a good friend of Lawrence Tribe is a hard left liberal (ironically appointed by George H.W. Bush) In many ways he is more liberal than Breyer.

 

Sarc -- I don't see why it would upset people. I agree with you

I don't know anything about the details that you speak of with the drugs but if what you say is true than I see no reason they shouldn't change it either.

I think most of us that are not opposed to the death penalty are still uncomfortable with how it can be administered. It should only be used in cases of multiple killings at different times where someone was convicted by at least two different juries and there should be DNA evidence. I think if they used those rules it would be extremely unlikely to execute an innocent person.
I go back and forth about the Death Penalty a lot. It's not an easy issue especially when there have been known mistakes.

 

the upsetting part

Is the 'risk' that a condemned person might briefly "get high" from the heroin. Otherwise, heroin would have probably been their first "go to" drug back when this whole medical-ization of killing started in the '70s. I like the idea of hanging best (cheapest for the taxpayers) so I'm not hung up on the heroin thing. But if even-I can think up a better way to kill people with drugs than "experts," I'm not sure the jobs of either thinking about killing or killing should be left up to the state.
JMR

The tax & spend drug war looks racist in the real world.

You just had to throw that out there didn't you Sarc? Now you

need to explain to me how hanging is humane.

I'd say it's more humane and less cruelty-risky

Than the present lethal injection process, although the video of Saddam's experience makes it clear it's not fun. OTOH, it was over pretty damn fast, like most hangings.

If I had 3 choices, the cocktail, or hanging, or heroin overdose, I'd probably choose overdose before hanging, and both of those before the cocktail. And I'm totally with you about the need for very good evidence, as opposed to the stinking miasma of induced informant "testilying" like we see daily in the racist, tax and spend drugwar.
JMR

The tax & spend drug war looks racist in the real world.

Humane?

Could you please explain to me how the victims of these scumbags were treated humanely?  Hanging would be a lot quicker and less painful that what a lot of the victims of these creeps went through.  The creeps are getting off easy. 

 

"The future is not set.  There is no fate but what we make for ourselves."

michaelyon-online.com

Michael's new book:  Moment of Truth in Iraq.  Open Thread information on the book.


 

It's irrelevant.

Criminals don't operate under an 8th Amendment. We do. They're not civilized. We are, at least supposedly.

The fact (and I agree entirely) that they're often "getting off easy" is entirely beside the point. God takes care of all that stuff. The state's monopoly on the power to imprison & kill is a very dangerous one, and considering how badly they do just about every other job they try to do, we are entirely justified in placing the strongest possible restrictions on that monopoly for historical reasons. That's why the 8th Amendment is so old.
JMR

The tax & spend drug war looks racist in the real world.

Hi Dee... I almost

Hi Dee...

I almost included the same thing as you but didn't feel like getting into the back and forth with some I have been in here with in the past... because as far as I am concerned it has to be proof positive for me too that a person is absolutely guilty ....

"Never murder your opponent when he is committing suicide." ~ W. Churchill

I'll add this.

Fingerprint analysis is an art, and DNA is science. Science trumps art in my world.
JMR

The tax & spend drug war looks racist in the real world.

Surgery

If the risks from these lethal injection protocols are unacceptable, than surgery is unacceptable and would be cruel and unusual punishment for a prisoner.

Pancuronium, the chemical agent at issue in this contrived controversy is routinely used in general anesthesia when patients are intubated.

 

Different goals

The goal of surgery is survival. The goal of lethal injection is the opposite -- death. Hence the Hippocratic Oath issues once doctors get involved...
JMR

The tax & spend drug war looks racist in the real world.

Pancuronium bromide

The key point here, is that if a court ruled that the administration of Pancuronium bromide after sodium thiopental  constituted cruel and unusual punishment then any state sponsored surgery, such as surgery on an inmate would be cruel and unusual punishment.

The first two drugs in the lethal injection protocol merely give overdoses of compounds routinely used in surgery. The third drug,  Potassium Chloride is sometimes used in open hard surgery.  

I think the courts have ruled the drug combo "ok"

When properly administered. The problem is said to come when the first drug they inject misses a vein or something, throwing things off for the second drug and inadvertently creating a particularly horrid medically induced suffocation death while the brain is still fully functioning. It's said this has happened at least once, and probably more than once, but I don't know.

Do these convicted criminals perhaps "deserve" to die a horrid death, perhaps many times over? Yes, but IMO that's up to God, not our imperfect justice system. Here on Earth, our seldom-read Constitution forbids cruel and unusual punishment and trumps cruel opinions like mine. We've ignored enough amendments already without ignoring yet-another. A heroin overdose, even if it misses a vein, is likely to provide the desired outcome of death, with a minimal "risk" that the victim will experience a few moments of pleasure before that.
JMR

The tax & spend drug war looks racist in the real world.

Risk

Sounds like the risk missing the vein is about the same as it is in regular surgery. During a lethal execution procedure, there are usually two IV's inserted. All the drugs go through one IV and saline through the other.  They either all miss or all go in the vein.  The scenario, while attractive to the left, is unlikely.

 On the other hand I  people sometimes awaken during surgery and cannot move because the pancuronium bromide has paralyzed them. 

So we get back to the point. If the three drug lethal injection protocol cannot lawfully be performed on an inmate, the corollary is that an inmate cannot legally have surgery performed.

As an aside, in Florida, a vein was missed and it took thirty minutes for the inmate to die. His arm blue up from all the chemicals reaching muscle.

If a vein was  "missed"

If a vein was  "missed" and the execution commenced then it is incompetence of the person starting an IV.  Standard procedure is to insert the catheter and look for blood coming back into the tubing/syringe, and then gently and minimally pull back on the plunger of the syringe to make sure blood easily flows backward into the tubing/syringe.  If the needle is outside the vessel, you don't draw blood back and it feels like you are pulling against a vacuum, which you are.

The more likely occurence is that the needle dislodges from the vessel or the vessel "blows".  Standard procedure while injecting is to pull back on the plunger periodically to make sure you can easily pull back blood into the tubing/syringe, showing that you are still in the vessel.  Someone that does not periodically check runs an increased risk of "infiltrating" the surrounding soft tissue with the injected substance.

Starting IV's is an art and a science.  A good phlebotomist is worth their weight in gold (figuratively speaking).  Junkies, dehydration, fear, illness, post-cancer treatment can all make obtaining IV access difficult, although I have seen IV drug abusers find their own veins when the nurses/doctors couldn't.  Add to the inherent difficulties a layer of performance anxiety on the part of the person securing the IV before all those witnesses and the enormity of the event, and it's no wonder their are "misfires" with the IV.

Bottomline is that utilizing professionals in the procedure of executions would mitigate issues greatly... as far as the issues of executions being timely and as error free as possible.

Heroin would burn if in the soft tissue.  Also, heroin may make the condemned criminal vomit and/or have seizures before death.  There would be mess and the visuals of a vomiting, seizing criminal would send the activists into a new frenzy.

FYI - Heroin would be an effective and inexpensive narcotic for medical use except for the unscientific cultural/societal bias against it's use.  Cocaine is still used by physicians.  Even methadone is coming out of the shadows of addiction medicine and being used for chronic pain.  Why not pharmaceutical grade, FDA approved, government monitored heroin?  (reasons include laypeople prejudice and a plethora of organically-based and synthetic narcotics available already) 

Concerning Potassium Chloride use during cardiac bypass surgery, or surgeries where the person is on a bypass machine, the heart is slowed/stopped using KCl solution, pledgets and ice poured onto or packed around the heart.  It's a lot easier to suture on a bypass vein if the heart isn't moving around.

RRAM Tough! 

Hi there BT - There have been too many problems found with

convicting innocent people so there needs to be a higher standard of evidence with the death penalty.

I agree Dee... Plus I am

I agree Dee...

Plus I am going to throw in anytime someone gets life also...heck we could go further with just being sentenced for any amount of time....

There are too many prosecutors/judges/cops that do set people up for their own higher ambitions...the Duke case and Nifong is a good recent example.

I could go on and on....but you get my drift.

"Never murder your opponent when he is committing suicide." ~ W. Churchill

Sarc, give it up

Why do you constantly attempt to 'piss people off' here? Is it your life long goal or something?

"To beat Violence, You must ignore the focus groups. You must send in the Mossad, turn off the BBC, CNN, and don't look back."

It's not an attempt

It's a prediction (the correct variety) as you've shown.
JMR

The tax & spend drug war looks racist in the real world.

I Agree

Writing from CA myself, I'd definitely agree that Stout was mocking the practice of lethat injection. It's de rigeur to slam any death perpatrated by the state as evil while ignoring the inhuman acts of thugs, thieves and perverts.

I think it's probably a fairly safe bet that Mr. Stout has insulated himself within a nice liberal cocoon that prevents him from knowing all sorts of things.


"All that is necessary for the trimuph of evil is that good men do nothing."

- Edmund Burke (1729 - 1797)

www.conservativeboot...

we got 3000 death penalties

we got over 3000 death penalties everyday at "planned" "parenthood"

I don't favor the death penalty myself...I'm pro-life - and I mean it...

Death Penalty

J ust shoot them in the face and be done with it. All this 'humane' crap is nonsense. If lethal injection is trying to be tossed out now, then the courts have a LOT of explaining to do for everyone who's had to 'put down' a pet. Those pets lives were FAR more valuable and contributing that the waste that are in prison with cable TV and McDonalds food. There is FAR FAR too much concern for these individuals who have committed unthinkable crimes.

"To beat Violence, You must ignore the focus groups. You must send in the Mossad, turn off the BBC, CNN, and don't look back."

Good Decision

I'd like to revise my comments on an earlier open thread where I mistakenly thought the decision was to euthanize, as in Kervorkian style injection. 

Nevermind!

This is a good decision.  How come we never hear much about the pain and suffering, sometimes torture and utter agony that the victims of these scumbags had to bear???  If they did it, and it is a good case, then how is it racist?? 

 

"The future is not set.  There is no fate but what we make for ourselves."

michaelyon-online.com

If you follow

If you follow Mirriam-Webster "humane" means "marked by compassion, sympathy, or consideration for humans or animals". As an execution is neither compassionate nor sympathetic to the delinquent the quote marks are quite right. It is an euphemism.

Going to sleep and dying

Going to sleep and dying painlessly sounds much better than the pain/knowledge you are dying while being hung, shot by firing squad, guillotined or electrocuted.

In this case, execution by needle does sound more "humane".

Of course I'd rather go in my sleep after a great meal, an Elliot Spitzer VIP escort and Napolean cognac.  But that's just me.

 

RRAM Tough! 

The three drug "cocktail"

The three drug "cocktail" used for execution is a well known entity to physicians, pharmacologists and scientists.  The effects of the three drugs are predictable and well studied.  It is easy to build in  safety margins such that if things do not go expressly as desired, then alternate procedures could be utilized to finish the procedure.

  1. Sodium Thiopental - first drug given to induce sleep and works in less than a minute.  This drug is given around the world in the induction aneasthesia for operations.  It has a very short duration of effect, about 5-10 minutes, unless more is given.  A megadose of Thiopental or a longer acting sleeper could be given if one worries about time.  It could be used alone to euthanize someone but would take many minutes.

  2. Pancuronium Bromide - second drug given to paralyze the muscles, though not the heart.  Pancuronium is used in operating rooms worldwide.   Death would occur within minutes from this drug alone unless CPR rescue breathing or mechanical ventilation are done.  Full effect is obtained withing 2-4 minutes.  This drug is given so that the body does not contort or show agonal breathing as the person dies, especially after injection of drug number #3.

  3. Potassium Chloride - third drug given to stop the heart.  At lethal doses, KCl causes pain during and following injection, and is the reason for using Sodium Thiopental to cause unconsciousness.

When properly utilized, the condemned criminal will rapidly fall into a deep sleep, followed by cessation of breathing and all visible muscle activity, followed by rapid death all withing 10 minutes or so.

Two problems may occur:

  1. The calculated doses of the medicines are incorrect/insufficient.  Factoring in far more than sufficient quantities will prevent this scenario.  (drugs are fairly inexpensive and this is not the situation to choose discount Chinese imports)

  2. The person(s) performing the execution botches the placement of IV access or mix up the order or dose of the drugs, IV access is difficult to obtain, or IV access is disrupted after placement.  Appropriate inspection of IV access and drugs are critical.  Possible workarounds would be 2 large bore IV's or consideration of a central line prior to arrival into the execution chamber.

The biggest fear is that the Thiopental sedation will wear off, the condemned criminal will gain consciousness, but will appear to be sleeping because of the paralyzing effect of Pancuronium, and will feel intense pain as the KCl is given.  Interestingly, this rare phenomena of 'alert but paralyzed' occurs during surgery.  As such, anaesthesiologists now utilize a device to monitor brain waves as well as heart rate to see if the patient is sufficiently asleep.  The same device could be used during executions.

One last problem is that physicians are not supposed to be involved in executions.  The American Medical Association has made their position clear.  (Yet the AMA is perfectly fine with physicians performing abortion - go figure.)  If trained professionals were allowed to monitor and/or assist in executions than much of the issues of the "cocktail" execution would be moot.

RRAM Tough! 

cruel and unusual?

I rarely post here thinking I can learn much more than I could ever contribute, but this is a subject that hits too close to home not to.  In December 2000 my son was beaten to death with a baseball bat and a heavy duty flashlight.  Of the 3 murderers involved, 1 was eligible for the death penalty.  When it came time in the trial for the penalty phase, I opted for the state to seek life without after deciding I couldn't be responsible for the taking of a life, but I also learned to not judge anyone in the same position asking for death.  His murderer would have been given these shots and quietly died.  According to the autopsy, every bone is my son's head had been broken.  I could barely recognize him.  The coroner tried to console me by telling me it was "quick", only 20 minutes.  Do you know how long 20 minutes is?  Clock it and see.  For anyone to worry about the cruelty of an execution without considering the victims and survivors has their priorities reversed.

"Cruel and unusual"

Are very old words, though. And back when they were written, mass public hangings were quite common. These hangings were witnessed by entire communities -- often including children.

I'm saddened for your loss, and I'd have probably chosen death had I been in your shoes. But I'm blessed that I wasn't in those shoes, and I fully respect your choice. In fact, I'm glad it was yours, and not the state's.
JMR

The tax & spend drug war looks racist in the real world.