Death Penalty Series: Should States Use Experimental Drugs for Capital Punishment?

With more drug companies prohibiting the use of their medications in executions, states are turning to alternatives.

Death Penalty Series: Should States Use Experimental Drugs for Capital Punishment?

One of the biggest hurdles that many states face in carrying out executions in the modern era is finding a drug manufacturer willing to provide the medications necessary. In the United States, there are 31 states where the death penalty is legal — including California. Yet many drug companies refuse to allow their products to be used in lethal injections. This leaves many states scrambling to find new methods — and new drug combinations.

There are a wide variety of opinions on the death penalty. However, if it is to be carried out, then it should comply with the U.S. Constitution, which forbids “cruel and unusual” punishment. Many state constitutions also prohibit cruel and unusual punishment, including California’s. With the lack of standard lethal injection medications, some states are trying out new drugs to execute prisoners. This raises the important question of whether these actions violate the law, particularly when it comes to cruel and unusual punishment.

As a seasoned Orange County criminal defense attorney can explain, states where the death penalty is frequently used have gotten more inventive in how they carry out executions. The state of Tennessee recently used a three drug cocktail that included potassium chloride — a drug that has been described by the United States Supreme Court as “chemically burning at the stake.” There have also been questions about whether sedative used during the execution, midazolam, is effective. The prisoner in question, Billy Ray Irick, had requested a stay of execution, which made its way to the Supreme Court. Although the Court denied the stay, Justice Sonia Sotomayor wrote that the combination of drugs used by Tennessee would inflict “…several minutes of tortuous pain on an inmate in its custody…”. The Supreme Court has previously upheld challenges to other states’ use of midazolam.

In California, the death penalty is administered infrequently, with the last execution taking place in 2006. However, there are still a number of crimes for which a defendant can be sentenced to death — and California has the highest number of inmates on death row. This makes it all the more important to hire a highly skilled Orange County criminal defense attorney if you have been charged with a capital offense. Although California does not execute prisoners with the same frequency as other states, prosecutors do not hesitate to seek the death penalty for serious crimes. Anyone charged with such a crime should have a top notch lawyer to represent them.

The dilemma over lethal injection medications will not likely be resolved anytime soon. As states continue to struggle with how to handle this problem, others debate whether the death penalty should be part of our legal system.

If you have been charged with a crime, particularly one that could lead to severe consequences, you will need the services of an experienced Orange County criminal defense attorney. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation. We will aggressive defend you and fight to protect your freedom.

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