Batshit Crazy Venezuelan Dictator Adopts Daylight Savings Time (Light) | Main | Giuliani Is A Little Full of Himself
September 20, 2007

Tennessee's Death Penalty Procedure Ruled "Cruel and Inhumane"

A federal court judge has ruled that Tennessee's lethal injection procedures are cruel and unusual and are therefore prohibited by the Eighth Amendment.

The state cannot go ahead with the execution of convicted murderer Edward Jerome Harbison because lethal injection, as it is practiced in Tennessee, "presents a substantial risk of unnecessary pain" and could lead to "a terrifying, excruciating death."

The AP article notes that this is not a stay of execution or a reversal of his death sentence. Tauntingly, the judge notes that Tennessee can execute Harbison as soon as they find a humane way to do it.

Such a method may still exist: under Tennessee law, a capital defendant convicted before 1999 can chose lethal injection or death by electric chair. Harbison was convicted in 1983. So that option may still be open to the state, however, the legislature may have to make the electric chair mandatory before state officials can execute him. (I'm not sure whether the choice is required by the language of Tennessee's capital punishment statute and I'm too tired to look it up.)

I'm waiting to see the judge's opinion and how she dealt with the terms "cruel" and "unusual." As we discussed a few weeks ago (link goes to the version on my blog) there is no clear guidance from the courts as to what those terms mean or whether they are even properly treated as separate from each other.

I'm of two minds about the ruling. On the one hand, I oppose the use of the death penalty at this time and in this country. On the other, I find it hard to believe that a procedure performed daily by veterinarians across the United States is so "inhumane" when performed on a human.

digg this
posted by Gabriel Malor at 12:25 AM

| Access Comments

Recent Comments
Brother Northernlurker just another guy : "Someday Joe will be found wandering around Washing ..."

Secretary of Transportation Frito Bootyjizz: "[i]Seems that this might be an attack on our econo ..."

China-Joe: "Someone should program "Lets go Brandon" into his ..."

well, isn't that special: "You know many (not all) dems are galled by this. T ..."

Romeo13: "Posted by: squid_hunt at October 21, 2021 03:40 PM ..."

Hadrian the Seventh: " I'm starting to believe that we are already in W ..."

29Victor: "I'm old enough to remember (meaning I'm at least t ..."

Dr.Rev. Senator Your Highness E Buzz Miller, Esq PhD MA MS: " I talked to someone today about this supposed ..."

wth: "Posted by: Mary Clogginstein from Brattleboro, VT ..."

[/i][/b]Christopher R Taylor[/i][/s][/b]: "[i]The interesting question is just how much pain ..."

Brother Northernlurker just another guy : "This leggy brunette in short shorts is reduced to ..."

Joe Mannix (Not a cop!): "Tucker's 1984-style satire on the Fuck Joe Biden/L ..."

Recent Entries

Polls! Polls! Polls!
Frequently Asked Questions
The (Almost) Complete Paul Anka Integrity Kick
Top Top Tens
Greatest Hitjobs

The Ace of Spades HQ Sex-for-Money Skankathon
A D&D Guide to the Democratic Candidates
Margaret Cho: Just Not Funny
More Margaret Cho Abuse
Margaret Cho: Still Not Funny
Iraqi Prisoner Claims He Was Raped... By Woman
Wonkette Announces "Morning Zoo" Format
John Kerry's "Plan" Causes Surrender of Moqtada al-Sadr's Militia
World Muslim Leaders Apologize for Nick Berg's Beheading
Michael Moore Goes on Lunchtime Manhattan Death-Spree
Milestone: Oliver Willis Posts 400th "Fake News Article" Referencing Britney Spears
Liberal Economists Rue a "New Decade of Greed"
Artificial Insouciance: Maureen Dowd's Word Processor Revolts Against Her Numbing Imbecility
Intelligence Officials Eye Blogs for Tips
They Done Found Us Out, Cletus: Intrepid Internet Detective Figures Out Our Master Plan
Shock: Josh Marshall Almost Mentions Sarin Discovery in Iraq
Leather-Clad Biker Freaks Terrorize Australian Town
When Clinton Was President, Torture Was Cool
What Wonkette Means When She Explains What Tina Brown Means
Wonkette's Stand-Up Act
Wankette HQ Gay-Rumors Du Jour
Here's What's Bugging Me: Goose and Slider
My Own Micah Wright Style Confession of Dishonesty
Outraged "Conservatives" React to the FMA
An On-Line Impression of Dennis Miller Having Sex with a Kodiak Bear
The Story the Rightwing Media Refuses to Report!
Our Lunch with David "Glengarry Glen Ross" Mamet
The House of Love: Paul Krugman
A Michael Moore Mystery (TM)
The Dowd-O-Matic!
Liberal Consistency and Other Myths
Kepler's Laws of Liberal Media Bias
John Kerry-- The Splunge! Candidate
"Divisive" Politics & "Attacks on Patriotism" (very long)
The Donkey ("The Raven" parody)
Powered by
Movable Type 2.64