Lethal Injection and the Eighth Amendment

In today's society one of the most talked about political issues is lethal injection and whether or not it is a violation of our Eighth Amendment rights. Unfortunately our ideals of “cruel and unusual” punishment have expanded over the years, but it is safe to say that after understanding the complete process of lethal injection most would agree to it is quite inhumane. Because everyone one, even the guilty have rights, lethal injection appears to be a direct violation of their Eighth Amendment rights. Lethal injection is the combination of a drug cocktail that is administered that is intended to result in death. What makes lethal injection so inhumane is the lack of knowledge that we obtain about the appropriate procedures to siginificantly put an inmate to death without causing severe and somewhat torture like pain to the individual.

The lethal injection method involves an inmate being injected with fatal doses of poisonous drugs that ultimately lead to death. The current drugs that are administered are: sodium thiopental, a barbiturate that makes the inmate unconscious at the start of the procedure; pancuronium bromide, which paralyzes the muscles; and finally potassium chloride, that stops the heart. This combination of drugs is what critics argue inhumane, cruel, and unusual. Many exclaim that although these drugs can render an inmate paralyzed, they fall short in the area of consciousness. This gives the inmate the huge disadvantage of crying out and telling anyone that he is in excruciating pain, but instead lies there conscious to eventually suffocate (Washington Post, 2007, para 1.).

The United States Constitution was written to depict the desires of the people and ensure protection from any internal strife or external attacks. The Amendments were written for the same reasons; they only project more recent goals and rights that might have been overlooked in the beginning. The Eighth Amendment “prohibits excessive bail or fines, as well as cruel and unusual punishment” (Wikepedia, 2008, para 2.). With that said does lethal injection fall under violation of the Eighth Amendment?

The court systems agree that “cruel” punishments are feasible as long as more than one courts system is using the applicable punishment for similar crimes. Likewise, “unusual” punishments are allowed as long as they are not cruel. This argument that is quite confusing, is left up to judicial interpretation as to whether or not unusual punishment is cruel. Although everyone has their own opinion the goal is to be fair and just. The Supreme Court's consistent ruling has been that capital punishment itself is not a violation of the Eighth Amendment, but that many applications have been (Wikipedia, 2008, para.3). In the case of 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'.” There is the “essential predicate” referring to no punishment should be by its severity degrading to human dignity, especially torture. There is that of a severe punishment that is obviously inflicted in wholly arbitrary fashion. Also a severe punishment that is clearly and totally rejected throughout society. And finally, a severe punishment that is patently unnecessary. Anything that fall in violation of these principles should be ruled “cruel and unusual” (Wikipedia, 2008, para.1). With that said arguments against lethal injection can be justified and preserved when depicting lethal injection as inhumane.

The goal for any capital punishment procedure is to bring the least amount of inhumanity in the process of death. The inmate is first sedated and then slowly put to death by shutting down their main organ, the heart. Unfortunately as easy as that sounds there are many factors that need to be taken into consideration. First and foremost is the factor of how these drugs are working in tandem. The sodium thiopental, which is a barbiturat, is commonly used to as a sedative. Unfortunately it is rare that two people process any prescription the same as another, some people have a higher tolerance than others and who's to say that this medication is given with an ample dose to hold a person unconscious for the actual duration of the procedure. Critics argue that although these drugs are used in minor surgical procedures they are not taking into account the longevity of the actual procedure(lawcrossing.com, 2007. para.4). The second drug that is administered is pancuronium bromide, which paralyzes the muscles. The inmate is now going to be unable to communicate whether they are conscious because he or she should be paralyzed. And finally the potassium chloride, this stops the heart. If the inmate is conscious he or she will be unable to express that due to paralysis. Throughout the procedure they will feel their heart slowing and eventually stopping which feels more like suffocation then being put to sleep. This overall raises the concept that people are being “tortured,” but you can’t see it because they are paralyzed (wsbt.com, 2008. para.4.). In the Eighth Amendment it does state that torture is considered cruel and unusual. Therefore with that said lethal injection does violate our Eighth Amendment rights.

During this time of controversy much can be said about those that are waiting on death row to receive the death penalty of lethal injection. Out of the 50 states at least 11 states have suspended executions after failed injections raised questions about the procedure and its administration. Different analyses have been conducted in order to make sure that the process works correctly when overseen and processed in the approved manner. The conclusion was that the process was “fundamentally flawed.” (Washington Post, 2007, para 15.) Researchers from University of Miami Miller School of Medicine suggest that the use of lethal injection to execute uis a complete violation of our Eighth Amendment rights. Researchers showed that 43 out of 49 lethal injection executions, were not administered enough painkillder and the inmates were fully aware of their suffering. The researchers from UM discussed the poor regulation process and the lack of knowledge of the human body by those that are administering the lethal doses of drugs. (florida-issues. 2008. para.5-7.). The researched examined the drugs’ ability to attain the appropriate result, which consisted of putting the inmate to sleep and then to death, in both humans and animals. They then examined how the drugs are used based on records from 33 executions in Norht Carolina and eight in California between 1984 and 2006. The overall