Skip to main content

Is Execution by Lethal Injection Painful?


Guest Author: Broden &Mickelsen


The Supreme Court heard arguments with respect to execution by lethal injection constitutes cruel and unusual punishment. Lethal injection has become the standard method of execution in the United States, Nevada being the only exception by relying on the electric chair.

Almost all jurisdictions which employ lethal injection rely on a "three drug cocktail." First a drug is administered that renders the condemned prisoner unconscious; second, a drug is administered that paralyzes the prisoner; and third, road salt is injected into the blood stream to stop the heart.

If the inmate is unconscious when the last drug is administered he or she will feel no pain. The concern arises form the fact that the first drug will wear off and the inmate will be conscious when the third drug is administered. In this eventuality the condemned man or woman will experience a horrible, excruciating death. Apparently the possibility of waking up is not remote. There is some anecdotal evidence this has actually happened in executions. Even with a trained anesthesiologist present it is not uncommon for people to awake while under the surgion's knife, (although due to the effect of another drug, they rarely have any recollection of the event), and executions are not conducted by medically trained individuals. Nor is the drug used to induce unconsciousness intended to have a long term effect such as the drugs administered during a surgery. The point is often made that there is no purpose to paralyzing the condemned prisoner so if there were not a tacit awareness that he or she might be conscious when the third drug is administered. Ostensibly the purpose of the second drug is to prevent "death throes." In most states it is illegal to put animals "put down" by this method. The way animals are generally "put asleep" today is by overdosing them with barbiturates and this is the method for which most opponents of the "three drug cocktail" advocate.

There is little chance that the Supreme Court will deem the "three drug cocktail" unconstitutional. Several of the justices will note that the framers of the constitution, who did not consider execution by hanging to be cruel and unusual, would hardly have deemed lethal injection cruel. They will also note the Constitution prohibits cruel and unusual punishment; it does not guarantee that executions must be painless. Finally, the Court will express concern that if the current procedure is considered cruel and unusual any procedure supplanting it will also be subject to a similar attack due to the inherent difficulty in guaranteeing a painless death. By late summer the execution chambers in Texas will be busy again and the current lethal injection protocol is here to stay for the time being.

About the Author

Mr. Broden is board certified in the area of criminal law and his practice is limited to criminal defense work. He has received an "AV" rating from Martindale Hubbell, the highest rating available. He was voted by his peers as a "Super Lawyer" in criminal defense in 2004, 2005, 2006 and 2007. Although he handles all types of criminal cases, Mr. Broden specializes in complex, criminal cases in federal court at both the trial and appellate level.



Mr. Mickelsen is board certified in criminal law, a lifetime member of the National Association of Criminal Defense Lawyers Association, a board member of the Texas Criminal Defense Lawyers Association, a member of the Dallas County Criminal Defense Lawyers Association, and a member of the Dallas County Bar Association. Mr. Mickelsen is "AV" rated by Martindale Hubbell, an independent evaluation which identifies a lawyer with "very high to preeminent legal ability". He was also voted by his peers as a "Super Lawyer" in criminal defense in 2004, 2005, 2006 and 2007. He is currently a member of the board of the Texas Criminal Defense Lawyer's Association. Mr. Mickelsen is a member of the adjunct faculty at Southern Methodist University Law School where he teaches trial advocacy. More about



Broden & Mickelsen - Criminal Defense Lawyers

Comments

Post a Comment

What Are Your Thoughts? Remember, you don't have to read this blog if it makes you mad. Name-calling and temper tantrums have no place here.

Popular posts from this blog

Darlie Routier Texas

I was contacted by a penpal of Darlie Routier's who gave me some of the most recent advances in her case to share with you all. I began writing to Darlie in December of 2005 and she is one woman whom I will never understand how she got behind bars. Really. You know what else? With all the information ALREADY out there about this case, in addition to the newly discovered info, I think if you can't see this poor woman's innocence, you may just be an asshole. So many legal flubs, so much question and police innuendo that turned out to be nothing. So many fingers pointed and road blocks thrown up, I am surprised this case isn't used in other countries to point to the clusterfuck we call a justice system.  I believe Darlie could have been released ages ago if the state had done the necessary DNA testing. Sadly, Texas has tried to stop it in every unconstitutional way they could pull out of a bull's ass. BUT- there is hope on the horizon. This from Camp Darlie
69 comments
Read more

The Most Beautiful Girls to Ever Kill Their Own Mother

As human beings, we have trouble fathoming the idea of a young girl committing so atrocious a crime as murder. Much less, the murder of her own mother. The concept becomes even more inconceivable when it pertains to a beautiful young woman beautiful young woman with a loving family and the world at her fingertips. These girls aren't all women in prison now. Some have been released and disappeared into the mainstream. Scary, huh?  Nakisha Waddell     At age 14, Nakisha Waddell stabbed her mother, Vaughne Thomas, 43 times in their Virginia home. In court, she said she was tired of the years of fighting and just exploded. Her 15-year-old friend, Annie Belcher, helped her dig a grave in the backyard. The pair poured alcohol and nail polish remover on the dead woman and tried to ignite her to no avail.  They eventually mixed a crude concrete mixture and poured it on top of her and finished by covering her with sticks, leaves, and yard debris. She gives no reason or excuse o
Post a Comment
Read more

Brenda Andrew Execution date

     Brenda Andrew is the only woman on Oklahoma death row. She is there for the murder of her husband by her and her boyfriend James Pavatt.      Brenda does not answer letters. It seems she may still have a bit of that pretentious attitude left over from her days as a respected deacons wife. Those days are over, hun.      There is no scheduled execution date for Brenda yet. Oklahoma lists its dates of execution for the prison she is in here .      Every time I read about this case I am utterly amazed at how stupid these two people were. She may as well have advertised their guilt on a billboard in front of the house. Both Andrew's and Pavatt's appeal were systematically denied without comment in 2008. The little Scorned episode "The Sunday School Killers" at the top of this post is about Brenda and James and its only $1.99 so its worth the money. Appearance White Female; 5 ft. 3 in. tall; 110 pounds; Brown hair; Brown eyes;  Body Marks
74 comments
Read more