Rees, a case concerning the death penalty and kentuckys form of lethal injection. The topic for your paper will be baze v rees, a supreme. The supreme court attempted to address these challenges in baze v. Rees plurality opinion as the basis for imposing the requirement even though this position was not taken by a majority of the members of the baze court, the court also takes the baze plurality opinions requirement out of its specific context and now imposes it on all execution method challenges. In this article i discuss in detail the courts holding in baze v. Rees, judge tem of the superior court of state of arizona, in and for county of maricopa, respondent judge, state of arizona, real party in interest. Participants spoke to reporters on the steps of the u. Rees upholding the constitutionality of kentuckys lethal injection procedures will in all likelihood be followed by moves in various us jurisdictions to resume executions, although the ruling is unlikely to stop litigation on this issue. Ralph baze and thomas bowling are still on death row in kentucky.
Death row inmates must complete their appeals before an execution date can be set. Rees, the supreme court addressed the eighth amendment1 constitutionality of kentuckys lethal injection protocol. Rees,1 the supreme court of the united states considered whether kentuckys threedrug lethal injection protocol violated the eighth amendment to the united states constitution. Nov 26, 2007 download november 26, 2007 argument calendar pdf click here for 2006 docket many documents listed on this page are pdf files that may be viewed using adobereader. Bowling were each convicted of two counts of capital murder and sentenced to death. The state successfully opposed arguments by lightbourne and schwab that their cases should be delayed until after the supreme courts decision in baze, and this court eventually decided those cases in the states favor while baze was still pending. As a result of these and other factors, support for capital punishment policy is by no means overwhelming. Following a saline flush, the inmate is injected with fifty milligrams of pancuronium bromide, a neuromuscular blocking agent used to paralyze the inmates voluntary muscles. After another saline flush, the inmate is finally administered. The state successfully opposed arguments by lightbourne and schwab that their cases should be delayed until after the supreme courts decision in baze, and this.
Rees announces a standard for evaluating the constitutionality of lethal injection procedures that embraces the concept of risk, unlike the inherent cruelty standard that this court established in jones and has since applied to. Baze responded that living in prison was suffering, and then proceeded to give some examples of abuse inmates allegedly suffer at the ksp. April 16, 2008 facts the eighth amendment to the u. Request pdf physicians and execution this spring the u.
The majority 72 ruled that the practice is only constitutional if enacted correctly. Genzer, benjamin 3232016 for educational use only baze v. On november 22, 2006, the kentucky supreme court judge wintersheimer affirmed the decision of the circuit court, holding that the lethal injection procedures as modified would not violate the rights of the plaintiffs to be free from cruel and unusual punishment. Ralph baze and thomas bowling were sentenced to death in kentucky, each for a doublemurder. Court took up the lethal injection issue in baze v. Rees, the supreme court broke decades of silence regarding state execution methods to declare kentuckys lethal injection protocol constitutional, yet the opinion itself did not offer much guidance. Download november 26, 2007 argument calendar pdf click here for. Reesconcurrence thomas wikisource, the free online. The kentucky supreme court upheld their convictions and sentences on direct appeal. Rees aclu amicus brief american civil liberties union. November 16, 2007 monday, january 7 1 075439 baze v. The inmates contended that although the anesthetic used in the protocol could. Jul 31, 2008 however, in psychological terms there is no doubt that baze v rees is a setback for the abolitionist movement.
Rees, condemned inmates challenged kentuckys threedrug lethal injection protocol based on a claim that it violated the eighth amendments prohibition of cruel and unusual punishment. During the interview steven brown commented that there were some people who felt that baze should suffer when put to death. Bucklew confirmed this courts view that the test for challenges to lethal injection protocols announced in baze and glossip. If an insufficient dose is initially administered through the primary iv site, an.
American civil liberties union foundation 919 6825659. Rees, commissioner, kentucky department of corrections, et al. Gross 01152015 serious illness and needless suffering. Mycspan users can download four congressional hearings and proceedings under four hours for free each month.
Supreme court upheld the constitutionality of kentuckys lethal injection protocol, which utilizes a threedrug combination to execute. The court will decide if lethal injections are cruel and unusual. The supreme court of the united states scotus is the highest court in the federal judiciary of the united states. Download pdf open epub full article content list abstract. May, 2014 challenging death penalty protocols under baze v. Reflections on justice john paul stevenss concurring. They argued that executing them by lethal injection would violate the eighth amendment. Court of appeals eighth circuit, applying supreme court precedent in baze v. Kentucky department of corrections civil action no. Pdf current issues involving lethal injection researchgate. Rees, glenn haeberlin, and ernie fletcher, were appellees below. Rees legal information institute cornell university. Two inmates in the kentucky prison system questioned the use of the three drugs used in combination for lethal injection, claiming it violated the eighth amendment.
Gross, remanded the case to allow bucklew to identify a feasible, readily implemented alternative procedure that would significantly reduce his alleged risk of pain. Supreme court upheld the constitutionality of kentuckys lethal injection protocol, which utilizes a threedrug combination to execute death row inmates. The courts decision in furman v georgia 35 in 1972 struck down capital penalty statutes across the united states on the grounds that such laws as then implemented amounted to a violation of the eighth amendments cruel and unusual. Merits briefs brief for petitioner ralph baze, et al. Merging eighth amendment precedents into a new standard for method of execution challenges. Constitution protects people from cruel and unusual punishment, but the supreme court has ruled that it does not prevent the government from using the death penalty. Rees ppt street law case summary baze v rees argued. Rees 041608 and unnecessary infliction of pain, torture, 2 baze v. Jan 07, 2008 on january 7, 2008, the supreme court heard oral argument in baze v. The supreme court has recently released its decision on the lethal injection protocol challenge baze v.
Supreme court following oral arguments in the case of baze v. On january 7, 2008, the supreme court heard oral argument in baze v. We now conclude in light of the supreme courts latest explication in bucklew that the district courts judgment should be affirmed. Where it is feasible, a syllabus headnote will be released, as is being done in connection with this case, at the time the opinion is issued. Pdf since the reinstatement of the death penalty in 1976 by the supreme court in gregg v. Rees, 2 the court affirmed the constitutionality of the threedrug proto col used in lethal injections. Because kentucky conducted only one execution by lethal injection, the court had a limited access to judge the risks. Supreme court of the united states october term 2007 for the session beginning january 7, 2008 arguments begin at 10 a.
Amr 510312008 yesterdays us supreme court ruling in baze v. Rees, the supreme court broke decades of silence regarding state execution methods to declare kentuckys lethal injection protocol constitutional, yet the opinion itself did. Scholarly commons human factors and applied psychology. Rees 1 will rule on the constitutionality of the threedrug regimen currently used for lethal. Rees syllabus team members must have at least one year of relevant professional experience, and the presence of the warden and deputy warden in the execution chamber allows them to watch for iv problems. The syllabus constitutes no part of the opinion of the court but has been prepared by the reporter of decisions for the convenience of the. Glenn haeberlin has since been replaced by thomas simpson as warden of the kentucky. Brief amicus curiae of the criminal justice legal foundation in support of respondents interest of amicus curiae the criminal justice legal foundation cjlf 1 is a nonprofit california corporation organized to partici. Typically it can take around a decade from conviction to execution. Rees, 2 the court affirmed the constitutionality of the threedrug proto col used in lethal injections in the united states, holding that a states.
194 245 1462 341 876 80 504 73 1091 395 1123 825 102 1442 448 601 1092 166 830 1242 1242 1544 996 998 90 337 1202 759 152 164 422 1471 217 957 769 1345 46 785 868 426 990 951