Abstract

http://ssrn.com/abstract=908656
 
 

Footnotes (3)



 


 



Death Bed


Deborah W. Denno


Fordham University School of Law


TriQuarterly Journal, Vol. 124, pp. 141-68, 2006
Fordham Law Legal Studies Research Paper No. 908656

Abstract:     
Lethal injection is this country's primary method of execution, adopted for use by all but one of the thirty-seven death penalty states, as well as the federal government. It is predictable, then, that questions would arise the moment such a widely accepted form of punishment becomes especially vulnerable to an Eighth Amendment attack, as recent cases have shown. This article discusses this author's involvement as an expert in one of these cases, Baze v. Rees, which concerned a 2005 challenge to the constitutionality of lethal injection in Kentucky. While the Baze court upheld the constitutionality of Kentucky's lethal injection procedure, the opinion also revealed some extraordinary and unprecedented statements about the flaws of lethal injection as well as recommendations for how it should be improved. For example, the court found it cruel and unusual for the state's lethal injection protocol to enable an inmate's neck to be catheterized, a decision influenced by a department of corrections doctor who testified he would refuse to conduct the procedure, and that those who would were unqualified to do so. Baze is one of a series of opinions demonstrating that the more we know about how lethal injection is administered, the more problems we find with this means of execution.

Number of Pages in PDF File: 29

Accepted Paper Series





Download This Paper

Date posted: June 14, 2006  

Suggested Citation

Denno, Deborah W., Death Bed. TriQuarterly Journal, Vol. 124, pp. 141-68, 2006; Fordham Law Legal Studies Research Paper No. 908656. Available at SSRN: http://ssrn.com/abstract=908656

Contact Information

Deborah W. Denno (Contact Author)
Fordham University School of Law ( email )
140 West 62nd Street
New York, NY 10023
United States
212-636-6868 (Phone)
212-636-6899 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 2,016
Downloads: 227
Download Rank: 78,714
Footnotes:  3

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 0.328 seconds