Lethal Injection and the Death Penalty
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Lethal Injection and the Death Penalty
Kaylee Clark
CJUS230 B13
Gregory Vecchi
March 8
th
2024
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Lethal Injection and the Death Penalty While investigating execution by lethal injection and the death penalty, it is essential to look at society’s moral compass, legalities, and the value of human life. This paper will answer why the lethal injection does not violate the Eight Amendment of the United States Constitution, cruel and unusual punishment. While discussing lethal injection and the death penalty, this paper will lightly educate on society's moral compass, legalities, and the value of human life that comes into question.
Society and the Moral Compass regarding lethal injection are evolving and require careful consideration. According to the Death Penalty Information Center, a recent poll by Gallup Organization on June 9th, 2022, found that 55% of respondents consider the death penalty morally acceptable. This has declined in recent years and is linked with other moral subjects. It points toward the death penalty not being as desirable because of its irreversible nature that cannot be corrected. According to Human Rights Watch, “Thirty-six states use the same three-drug sequence for lethal injections: sodium thiopental to render the condemned inmate unconscious; pancuronium bromide to paralyze the condemned inmate’s voluntary muscles; and potassium chloride to rapidly induce cardiac arrest and cause death.” During the time that a prisoner is awaiting Lethal Injection, they stay on death row, which is isolated from the general population, where the prisoner spends 23 hours a day in isolation. Depending on the crime committed, it may or may not seem fitting. These prisoners are in solitary confinement, which is a severe form of punishment and can be viewed as a cruel punishment. In comparison to
the crimes that landed them on death row, this is a fitting place for them to await Lethal injection.
The punishment must fit the crime. Matthew 5:38: “You have heard that it was said, an eye for an eye, and a tooth for a tooth.” The death penalty is reserved for the most severe crimes. The offense, as was frequently given in ancient times). Thus, if someone puts out another's eye, one of the offender's eyes should be put out.” This is also known as retribution, giving back what
is owed or due, or punishment or reward. In the victim's case, this is seen as a reward; in the aggressor's case, it is considered punishment. An eye for an eye has historically been discussed
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as a means for punishment and shaping societal perspectives on justice. The death penalty has been reserved for the most severe crimes and emphasizes retribution. However, as the legal system has advanced, the question of how these principles align with legal standards is still being
asked.
The Death Penalty is reserved for those who commit capital offenses, murder, treason, or genocide. A jury must vote to decide if they will impose the Death Penalty. These stipulations must be met for the sentence of the Death Penalty. “The Supreme Court has found that imposing the death penalty on those under age 18 at the time of the crime or the intellectually disabled to be “cruel and unusual punishment” under the United States Constitution.”
When examining the Legalities of the death penalty, it is vital to understand constitutional rights, principles, and human rights. The Eighth Amendment states that excessive bail shall not be required, excessive fines imposed, or cruel and unusual punishment inflicted. For example, (U.S. Const. amend. VIII) Bucklew v. Precythe (2019) To execute Mr. Bucklew would violate his 8th Amendment due to specific medical conditions. The Supreme Court ruled against Mr. Bucklew. In this case, a jury convicted Mr. Bucklew of murder, rape, and kidnapping, and he was sentenced to the death penalty. He filed an action to appeal because he suffered from a heart condition that would cause him to hemorrhage during the execution, thus violating his Eighth Amendment. His appeal was rejected because there was insufficient evidence to prove this medical condition. Had Mr. Bucklew proven his claims, it is possible that his condition would have put him into the category of cruel and unusual punishment as well as a human rights issue, thus violating his Eighth Amendment and protecting him from the death penalty but not life in prison. The Death penalty is not a second option for those serving life in prison but a punishment for those who commit the worst offenses.
Not only does the death penalty have to fall under specific criteria, but the sentence of death by legal injection is not guaranteed, as the average time a person will wait on death row is 23 years, according to the Death Penalty Information Center. The criteria and process of Lethal injection are extended and found to have flaws. During this time, appeals are submitted, and in some cases, the sentence has been reversed because of wrongful conviction. “Since 1973, at least
190 people have been exonerated from death row in the U.S., according to the
Death Penalty Information Center
(DPIC). A
2014 study
estimated that at least 4% of those sentenced to death
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are innocent. These numbers don’t demonstrate the full scope of the impact that the death penalty
has on the problem of wrongful conviction as the threat of the death penalty causes innocent people to
plead guilty
and induces false testimony from witnesses”. (Innocence Project, 2021.) The length of time spent on death row ensures that all paperwork is in order and that the Prisoner
is guilty and deserving of Lethal Injection without a reasonable doubt. The timeline is so long that prisoners have been known to die of natural causes, which leads to the value of human life.
The last and most important question asked when dealing with the Death Penalty and Lethal Injection is the value of human life. The United States puts a high emphasis on the value of human rights, for example, the abortion debate and when life begins. Another example is when a pregnant woman is murdered, the accused would be charged with a double homicide.
Proverbs 16:10 (New International Version) states, “The lips of a king speak as an oracle, and his
mouth does not betray justice.” This Bible perspective aligns with the argument that the legal and
judicial system should follow the principles of justice. In this crime, the punishment is the death penalty. Activists and human rights groups argue that the right to life is violated. They say that the State should protect every individual, even those convicted of crimes. There is the potential for rehabilitation and reform of the behaviors that lead them to their crimes. On the other hand, it
can be argued that protecting the life of a criminal is devaluing the life of the victims and loss of trust in the community. It is without a doubt that many lives are affected by a crime that leads to the sentence of the death penalty being the victim, the family, and the prisoner.
When it comes to the victims in most death row sentences, they would have passed away,
so they are being robbed of their life, whether it was a young life or an older life; no one deserves to have their lives taken too soon. These victims leave behind families who are left confused and hurt. The death penalty offers closure to the families and those involved/ affected. Being sentenced to death also prevents the assailant from committing future crimes and harm to others, which would signal to the citizens of the State that crimes of said nature will not be tolerated or allowed. Another thing to consider is the costs: “A 2003 legislative audit in Kansas found that the estimated cost of a death penalty case was 70% more than that of a comparable non-death penalty case. Death penalty case costs were counted through to execution (median cost
$1.26 million). Non-death penalty case costs were counted through to the end of incarceration (median cost $740,000).” (Amnesty International USA. n.d). It costs nearly twice as much to
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administer the death penalty as it does to make the criminal spend life in prison. This is putting a price tag on human life, though it appears that the value of human life is undercut by sentencing them to death, the average cost being 1.26 million Dollars as stated above, proves that the price tag society puts on human life is high, it would be more cost-effective to give the sentence and impose it immediately. Taking the average of 23 years and the cost of 1.26 million Dollars shows
there is a lot to consider before ending one’s life.
In conclusion, the Death Penalty does not violate the 8th Amendment of the United States Constitution; there is a strict criterion that is outlined for the accused to be sentenced to the Death Penalty. Society has a moral compass that has influenced the death penalty as there is a downward trend of death penalty sentencing in our country, and only thirty-six states implement and use the same drug combination for lethal injection. Looking at crimes in the eye for an eye perception of justice shows that the crimes and punishment must be equal. Showing the cost and time associated with carrying out the Death Penalty, our society has revealed that there is a value
of human life taken into consideration with a sentencing such as this. Each life is a gift from god;
one way we can honor this is by showing respect for human life on all roads, even if it is humane
death by lethal injection.
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References:
Bucklew vs. Precythe
. Oyze. (n.d.). https://www.oyez.org/cases/2018/17-8151
Death penalty cost
. Amnesty International USA. (2023, June 26). https://www.amnestyusa.org/issues/death-penalty/death-penalty-facts/death-penalty-cost/ II. lethal injection drugs
. So Long as They Die: Lethal Injections in the United States: II. Lethal Injection Drugs. (n.d.-a). https://www.hrw.org/reports/2006/us0406/4.htm Percentage of Americans who view the death penalty as morally acceptable remains near record
low
. Death Penalty Information Center. (n.d.). https://deathpenaltyinfo.org/news/percentage-of-
americans-who-view-the-death-penalty-as-morally-acceptable-remains-near-record-low PLoS Medicine Editors. (2007, April). Lethal injection is not humane
. PLoS medicine. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC1876425/ Proverbs 16:10 - the reply of the tongue is from the lord
. Bible Hub. (n.d.-a). https://biblehub.com/proverbs/16-10.htm Proverbs 16:10 - the reply of the tongue is from the lord
. Bible Hub. (n.d.-b). https://biblehub.com/proverbs/16-10.htm Sentencing
. U.S. Attorneys | Sentencing | United States Department of Justice. (2023, May 12). https://www.justice.gov/usao/justice-101/sentencing#:~:text=The%20death%20penalty
%20can%20only,or%20a%20Supreme%20Court%20justice.
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