Controversial Execution In Ohio Uses New Lethal Drug Combination
Hugh Pickens DOT Com writes "CNN reports that Ohio inmate Dennis McGuire appeared to gasp and convulse for roughly 10 minutes before he finally died during his execution by lethal injection using a new combination of drugs. The new drugs were used because European-based manufacturers banned U.S. prisons from using their drugs in executions — among them, Danish-based Lundbeck, which manufactures pentobarbital. The state used a combination of the drugs midazolam, a sedative, and the painkiller hydromorphone, the state corrections department told CNN. In an opinion piece written for CNN earlier this week, a law professor noted that McGuire's attorneys argued he would 'suffocate to death in agony and terror.' 'The state disagrees. But the truth is that no one knows exactly how McGuire will die, how long it will take or what he will experience in the process,' wrote Elisabeth A. Semel, clinic professor of law and director of the Death Penalty Clinic at U.C. Berkeley School of Law. According to a pool report from journalists who witnessed the execution, the whole process took more than 15 minutes, during which McGuire made 'several loud snorting or snoring sounds.' Allen Bohnert, a public defender who lead McGuire's appeal to stop his execution in federal court on the grounds that the drugs would cause undue agony and terror, called the execution process a 'failed experiment' and said his office will look into what happened. 'The people of the state of Ohio should be appalled by what took place here today in their name.'"
I don't know what is then.
"To those who are overly cautious, everything is impossible. "
Let's ask Joy Stewart what she thinks about the undue agony and terror. Oh, she and her unborn child are both unavailable for comment.
'several loud snorting or snoring sounds' doesn't really sound like "cruel and unusual," sorry.
Compared to what he did, I'm not terribly sorry for him. A few minutes of "snorting or snoring" (during most of which he was probably not fully conscious) doesn't seem like a big deal.
I guess I should be appalled, but.. the dude slaughtered a pregnant girl; I don't care how he died exactly at all. In fact, I'm going to consider this a successful QA test and move on.
Oliver's law of assumed responsibility: If you're seen fixing it, you will be blamed for breaking it.
I thought testing drugs on humans -- without their informed consent and successful prior testing -- was banned long ago.
It doesn't matter that the person is a prisoner; in fact the standards are higher for them, because they are much less able to refuse consent. It also doesn't matter that they will die soon; terminally ill patients also must give informed consent.
What kind of sick society experiments on helpless prisoners?
Since innocent people end up on death-row and are frequently exonnerated by DNA or new evidence, then how can it be logical to maintain a death penalty? If you're going to say "well, maybe .1% of the time an innocent person is put to death but it's for the greater good", then how about you line up to be the next .1%?
You are not allowed to kill, but it okay for us to kill you.
I won't get into the fiscal debate as to whether it is cheaper to lock away someone for life or to execute with multiple appeals and proceedings. It shouldn't matter. If it is wrong to take a life, then it is wrong to take it in any circumstance. End of story. Then when you factor in the fact that we are constantly finding innocent people convicted (if not for death penalty offenses). Often due to poor representation, over zealous prosecutors, or shoddy politically or financially motivated police and forensic work, it would seem to me that the ethical cost of killing one innocent person would outweigh all of it. Even if our judicial system was perfect, humans make errors.
However, as with so much else in our society, our desire for vicarious retribution, our poor ability to truly judge relative risk, and the fear peddled by those in power to keep you caged keep winning.
Silence is a state of mime.
Exactly this. I'm only a second year med student and even I could tell you that trying to kill someone with the mixture of drugs in the summary would be a really ugly process. I'm pretty sure we can't use propofol for the same reason we can't use the pentobarbital mentioned in the summary, but honestly a regular dose of propofol to knock someone unconscious plus a pneumatic piston like we use to humanely kill food animals would be the obvious option. Sure it makes a bigger mess, but it's WAY more humane for the person being executed, the one who were trying to protect from unnecessary cruelty and suffering. Propofol plus guillotine works well too. As it turns out medical science knows a lot more about reliably making people unconscious with drugs than about reliably killing them with drugs. Given that, if the killing is to happen, it should be done with something we know works reliably and quickly.
later adjusted to 25 after the observers called bullshit...
*personally* I'm against the death penalty, but if you're going to do it, just make yourself a Guillotine. "Lethal injection" is quite distasteful as it dresses up a killing as some pseudo-medical procedure. Scewing this up quite so magnificently is just jaw-dropping - although I suspect you don't send your brightest off to work in the penal system.
What really shocks me though is the response of a significant number of people here, that the suffering he endured was justified as it was 'deserved'. I've tried in vain to think of how to get my point across, but can't think of any common ground to even start my pitch that the deliberate infliction of suffering upon another is simply wrong.
I'm a great big atheist - but generally feel I've got a lot in common with those of faith, at least in my views if not the underlying reason. My biblical knowledge is rusty to say the least, but I'm reasonably sure when Jesus killed sinners, he at least did it mercifully.
My principle reason for wanting a painless and relatively low stress execution method is that we have an imperfect justice system. Which means we periodically commit murder in the name of executing criminals. Other than some sense of vindication we as a society gain very little from a condemned persons suffering. So in the event of an innocent person being put to death I would at the least hope that there last few minutes of life are not spent in agonizing pain.
So far as deterance goes I don't think that it really works very well because that only works when people make logical decisions about what they are doing. When murder is involved there is rarely much sound reasoning happening. Additionally I think it makes more sense for such a criminal to meet a quiet ignominous end.
I, for one, do not believe the state has a right to take any life, regardless. Besides, if our society wasn't hell-bent on spending billions of dollars to incarcerate non-violent offenders, there would be plenty of cash in the coffers to put every sociopath away for several lifetimes, with money left over.
That's really all I have to say about this.
An enigma, wrapped in a riddle, shrouded in bacon and cheese
I'm all for putting violent animals out of our misery...
An unfortunate reality. In terms Slashdot understands, it's why you don't let your PC technicians take home bad hardware -- suddenly you'd have a lot more "bad" hardware cropping up.
If we can me completely certain that there never will be an error in a capitol crime sentencing, I would advocate immediately dropping the killer in a wood chipper head first. However, being as there is always going to be some error in the legal system the question we should be asking is, "How many innocent people are we willing to murder in the name of revenge/justice?"
Because, until you get to that 100%, and never make an error, that is what you are doing. You are murdering people because they were in the wrong place at the wrong time, are the wrong skin color, or cannot afford a good lawyer. At least if you screw up a life in prison sentence, you can let the person out in a decade or two when the truth comes to light.
There is a great bullshit test I came up with to give to someone who advocates capitol punishment. Ask them if our court system is 100% perfect in convicting the guilty. Then ask them if that means that means that we are murdering at least a few of the wrong people with capitol punishment. Then ask them if they would still feel that capitol punishment was fair and just if they were one of those people that was selected to die. Then ask them if they still support capitol punishment. If they say still yes, they are lying.
HA! I just wasted some of your bandwidth with a frivolous sig!
I'm in an odd position of believing in the death penalty, but willing to see it go.
I believe that if we took the death penalty seriously as a society, and actually used it, it would stop being an empty threat. As it stands, there are so few executions in most of the states that we are getting very, very little deterrence out of it. Criminals know that it doesn't happen often. If they are convicted, they don't believe they'll be given the death penalty. Their chances are statistically 0.
Further, I don't believe vengeance is a sufficient motive for the death penalty, or indeed any state punishment. If it doesn't prevent further crime in some way, the state has no business there. Incarceration physically prevents further crime... while giving prisoners a reason not to come back*... and theoretically rehabilitating them**. Possible escape and the ordering of crimes from within prison are the only other two reasons I can see for a death penalty, but these seem rather weak. High risk criminals should be in maximum security already.
*(Prison should be unpleasant. It shouldn't be as awful and dangerous as it typically is, but it shouldn't be pleasant.) **(We should offer rehabilitation, not that we do.)
The Paradox:
It is commonly said that it costs more to execute a man than to keep him incarcerated for the rest of his natural life. I don't know if this is true or not, but it does highlight unfairness in the system.
Imagine two murderers in a death penalty state. The first is convicted with special circumstances, and is sentenced to die. The prosecutor can prove the guilt of the second prisoner, but can't quite prove special circumstances. He is convicted for life. The first is given appeal after appeal. The second can ask for an appeal, but may be denied.
Note that the state has taken the lives of both of these people. The second one is just killed slower. Either, we give death penalty cases too many appeals, or we don't give life sentence cases enough. Something is out of balance here.
(Addendum: Why don't we let death row prisoners choose? There are some interesting theories out there about humane execution. So long as the method chosen results in death, is acceptably inexpensive, can be accomplished from within the prison, and is not dangerous to others, it would be the most ethical way to kill someone. Not that it is ethical, that is still open for debate... but it would be the most ethical.)
I won't join Slashcott. OTOH, If Beta goes live, I just won't be back until it's fixed. Sorry Dice.
She was tortured and killed. Those are bad things. Torturing and killing are bad.
Which is why civilised people don't torture and kill.
Science is all about firing a drunk pig out of a cannon just to see what happens.
I'm not against all of the additional costs, mind you, in this day and age we ought to be damn sure we're executing the right person.
well spoken. In fact you touched on another reason to do away with the death penalty: Suppose you convict and execute the wrong guy. You have just committed a double error in that an innocent is dead, and the real criminal will likely never be found and caught. Has there ever been a case where the wrong person has been executed, and then the real criminal is caught and successfully prosecuted? IANAL, but I don't think I have ever heard of such a thing....
HA! I just wasted some of your bandwidth with a frivolous sig!