Death Penalty Series: Botched Execution Raises Questions about Death Penalty Methods

When a prisoner has medical issues, typical execution methods may simply fail.

Death Penalty Series: Botched Execution Raises Questions about Death Penalty MethodsIn late February, the state of Alabama attempted to execute a prisoner, Doyle Lee Hamm.  After two and a half hours, the execution was called off as state officials could not inject Mr. Hamm with the cocktail of drugs necessary to complete the lethal injection due to Mr. Hamm’s medical condition. A federal judge then ordered Alabama prison officials to preserve all evidence related to the attempted execution.

Mr. Hamm’s attorneys had previously argued that executing him by lethal injection would be cruel and unusual punishment because Mr. Hamm’s veins were compromised due to lymphatic cancer and years of intravenous drug use.  During the execution, officials could not find a vein into which to inject the drugs, and repeatedly stuck him in the legs, ankles and groins before ultimately calling off the procedure.  Mr. Hamm’s attorneys stated that he had more than 10 puncture wounds, was urinating blood the next day, and that officials may have struck the femoral artery.  In response, corrections officials stated that there were no problems with the execution, and that it was halted only because they ran out of time to complete it prior to the midnight deadline.

Lethal injection is the primary method of administering the death penalty in the 31 states that exercise capital punishment, including California.  While it has become more difficult to obtain the drug cocktail used in these injections, other problems have arisen recently that have called many observers to question whether this method is truly as “humane” as described.  In Oklahoma and Arizona, similar difficulties in administering a lethal injection allegedly caused prisoners to suffer high levels of pain.

Mr. Hamm was convicted in the 1987 killing of a motel clerk.  He was given the option of death by electric chair, an option that he refused.  His attorneys requested that he be given an oral injection of a drug cocktail given the state of his veins; this request was denied.

As a criminal attorney Los Angeles, CA can explain, the death penalty is always controversial — but perhaps never more contentious than when the accused suffers when he or she dies.  While many people on death row have committed heinous crimes, the Constitution prohibits the government from administering “cruel and unusual” punishment. Although some Americans may argue that the state taking a life through the death penalty is itself a cruel and unusual punishment, it is still legal in 31 states.  In these states, the question then becomes whether the method of execution should be as humane as possible.  In cases like Mr. Hamm’s, where his personal health history made death by lethal injection in a relatively painless manner all but impossible, should the state reevaluate its options?

There are a number of California crimes that can lead to the death penalty.  If you have been charged with one of these violent felonies, you will need the assistance of a seasoned criminal attorney Los Angeles, CA.  The Chambers Law Firm can help.  Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you.

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