Difficulty obtaining the drug may prevent California from using lethal injection as a method of capital punishment
California has recently taken steps towards resuming its capital punishment program, as the Department of Corrections and Rehabilitation has revised its policy on how inmates on death row can be executed. Under its new policy, the state can use either pentobarbital or thiopental in a single infusion as a method of executing prisoners condemned to death.
The death penalty is a complex topic, with fierce advocates on both sides of the debate. Yet however you feel about it as a method of punishment for a crime, it remains legal in California. Despite this, California has run into a major problem when it comes to actually administering the sentence: the drugs that it would use for lethal injection are not easy to obtain.
In fact, the U.S. Food and Drug Administration has banned the import of thiopental, making it unavailable for use. In addition, the manufacturer of pentobarbital has prohibited it from being used in executions. Compounding pharmacies can make these drugs — but the state would need to import the ingredients from other countries. The difficulty in obtaining these drugs has been in large part due to the pressure placed on drug manufacturers by opponents of the death penalty.
California currently has the largest death row in the country, with almost 750 inmates currently awaiting execution. 18 inmates have exhausted appeals of their capital punishment sentences, and could be executed in relatively short order if the state resolves the issue surrounding the drugs needed for lethal injection. However, according to a criminal defense lawyer Riverside, CA, there are significant questions about whether this will occur.
In other states, drugs made by compounding pharmacies for lethal injections have contained errors — which have led to botched executions. The potential for faulty medications for the lethal injections could create further legal hurdles that must be cleared before capital punishments can be resumed in the state.
While there may be significant obstacles to resuming California’s death penalty, California appears to be committed to finding a solution to the problem that plagues many states across the country. Lethal injection is often viewed as the most humane (least painful) way to carry out a death sentence, yet the drugs that are commonly used to carry out this sentence are virtually non-existent in the United States for this purpose. This leaves many states scrambling to figure out how to continue to execute inmates sentenced to death without resorting to other measures that are considered more barbaric, such as the electric chair.
The death penalty is the most serious punishment available to courts and juries in California. As a criminal defense lawyer Riverside, CA can explain, there are numerous crimes that can lead to a capital punishment under California law. Although results are not guaranteed, having a highly skilled attorney to defend you can help you achieve a more favorable outcome in your case.
At the Chambers Law Firm, our team of professionals includes a former prosecutor and police employee. We know how the system works and how to use our knowledge to defend you. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation.
