Untitled Document
Resources
Justices to review lethal injection
http://www.baltimoresun.com/news/nation/bal-te.scotus07jan07,0,2344454.story
High court hears execution debate today
http://www.sptimes.com/2008/01/07/Worldandnation/High_court_hears_exec.shtml
High court to revisit capital punishment
http://washingtontimes.com/apps/pbcs.dll/article?AID=/20080106/NATION/191486418&template=nextpage
Discussion Questions
- What capital punishment case did the Supreme Court hear on January 7, 2008, and what is at issue in this case?
The Court heard the case of Baze v. Rees; at issue is the constitutionality of lethal injection as a method of execution.
- On what constitutional basis is lethal injection being challenged?
Lawyers for the Kentucky death row inmates argue that the drugs used in lethal injections violate the Eighth Amendment’s ban on cruel and unusual punishment because the drugs could cause excruciating pain if not given correctly. They argue that states have not done enough to ensure that execution teams are well trained, increasing the chances for error. They suggest using only one drug—an overdose of anesthetic—which could not cause pain.
- On what constitutional basis does the state of Kentucky defend the use of lethal injection?
Kentucky argues that it has already worked to make the injection process more humane by increasing the amount of anesthetic used. Further, the Kentucky Supreme Court ruled unanimously against the prisoners, holding that lethal injection did not violate the Eighth Amendment because it did not create a “substantial risk of wanton and unnecessary infliction of pain.”
- Could the Supreme Court’s ruling in this case result in a ban on the death penalty throughout the US? Why or why not?
No, the Court will rule only on the constitutionality of this particular method (the three-drug combination used in lethal injection) and not on the death penalty itself. If this method is found unconstitutional, the affected states would be able to enact new laws providing for new or different methods.
- Do you believe the three-drug lethal injection violates the Eighth Amendment? Explain.
Answers will vary.
Extensions
- Late in 2007, New Jersey banned the death penalty. Have students locate and summarize newspaper articles about the New Jersey ban, and then argue whether or not they believe the state was right to prohibit the death penalty.
- Have students research the last case in which the Supreme Court ruled on the constitutionality of a death penalty method. In the 1878 case of Wilkerson v. Utah, the Court upheld the constitutionality of a firing squad in Utah (then a territory) for carrying out executions. Have students read the opinion and compare/contrast the facts of the case, as well as the methods used by states to execute prisoners then and now.
Students can begin their research here:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=99&invol=130
- Have students research other death penalty cases decided by the Supreme Court.
