The United States Execution Drug Shortage: A Consequence of Our Values

Brown Journal of World Affairs, 2014

13 Pages Posted: 2 Feb 2015  

Ty Alper

University of California, Berkeley

Date Written: December 28, 2014

Abstract

The recent inability of states to obtain drugs for use in executions has led to de facto moratoria in a number of states, as well as gruesomely botched executions in states that have resorted to dangerous and unreliable means to obtain these drugs. The refusal of some pharmaceutical companies to provide drugs to U.S. prisons has significantly impeded the imposition of the death penalty in a number of states. Despite this, it is the anti-death penalty activists who tend to draw the attention of the media, state officials, and politicians charged with carrying out executions. The media focuses particular attention on advocates in Europe who have campaigned to pressure European drug companies to stop distribution of their products to U.S. prisons for use in executions. This paper challenges that narrative and posits instead that it is the drug companies that have long sought to avoid the use of their products in executions, for moral and financial reasons, as well as to comply with European law. When we look back on the fourth decade of the modern era of capital punishment in the United States, we may consider it the decade that marked the beginning of the end. If so, it will not be the result of a handful of activists successfully thwarting the administration of capital punishment. Rather, it will be the consequence of U.S. states imposing the death penalty in the context of a modern world that generally abhors the practice, using a method of execution that is very much dependent on major players in that world.

Keywords: capital punishment, death penalty, lethal injection, criminal justice

Suggested Citation

Alper, Ty, The United States Execution Drug Shortage: A Consequence of Our Values (December 28, 2014). Brown Journal of World Affairs, 2014. Available at SSRN: https://ssrn.com/abstract=2543358

Ty Alper (Contact Author)

University of California, Berkeley ( email )

School of Law
346 North Addition
Berkeley, CA 94720-7200
United States
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510-643-4625 (Fax)

HOME PAGE: http://www.law.berkeley.edu/php-programs/faculty/facultyProfile.php?facID=5490

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