Thursday, July 30, 2015

Oklahoma Lethal Injection Cocktail Constitutional

Though contraversial, Oklahoma's lethal injection cocktail does not violate the Constitution's ban on cruel and unusual punishment.

Glossip v. Gross, 2015 BL 206563, U.S. No. 14-7955

Justice Alito, writing for the majority, said that the challengers did not meet the burden of proving that Oklahoma's protocol poses a demonstrated serious risk of inflicting pain and suffering when compared to known and available alternatives.    

Anyone making an Eighth Amendment challenge to the drugs used in a lethal injection cannot prevail unless they can identify an available alternative that has a substantially less severe risk of pain. This seems to give states a significant amount of leeway regarding their specific lethal injection cocktails.


http://www2.bloomberglaw.com/public/desktop/document/Glossip_v_Gross_No_147955_US_June_29_2015_Court_Opinion

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