The flawed logic of understanding the killing of a man as a penalty, while a penalty in modern understanding is not to rebalance a cosmic scales by a principle of "an eye for an eye", but is understood as a sanction by which the behavior of the deliquent is to be influenced and changed (for which it is a precondition that he continues to live), would be a topic for itself. Also where longterm jail sentence fit into this description.
However, let's ignore that debate. This is the story:
http://medicine.plosjournals.org/per...l.pmed.0040156
Quote:
We were able to analyze only a limited number of executions. However, our findings suggest that current lethal injection protocols may not reliably effect death through the mechanisms intended, indicating a failure of design and implementation. If thiopental and potassium chloride fail to cause anesthesia and cardiac arrest, potentially aware inmates could die through pancuronium-induced asphyxiation. Thus the conventional view of lethal injection leading to an invariably peaceful and painless death is questionable.
|
Now what the the eigth amendment has to say on cruel punishment:
http://en.wikipedia.org/wiki/Eighth_...s_Constitution
Quote:
In Furman v. Georgia (1972), Justice Brennan wrote, "There are, then, four principles by which we may determine whether a particular punishment is 'cruel and unusual'."- The "essential predicate" is "that a punishment must not by its severity be degrading to human dignity," especially torture.
- "A severe punishment that is obviously inflicted in wholly arbitrary fashion."
- "A severe punishment that is clearly and totally rejected throughout society."
- "A severe punishment that is patently unnecessary."
Continuing, he wrote that he expected that no state would pass a law obviously violating any one of these principles, so court decisions regarding the Eighth Amendment would involve a "cumulative" analysis of the implication of each of the four principles.
|