POLITICS

Supreme Court Set To Hear Oklahoma Death Penalty Challenge

04/29/2015 08:35 am ET | Updated Jun 29, 2015
Mark Wilson via Getty Images

By Lawrence Hurley

WASHINGTON, April 29 (Reuters) - The U.S. Supreme Court was set on Wednesday to hear arguments in a case brought by three death row inmates challenging Oklahoma's method of execution by lethal injection as a violation of the U.S. Constitution's ban on cruel and unusual punishment.

The three-drug process used by Oklahoma prison officials has been under scrutiny since the April 2014 botched execution of convicted murderer Clayton Lockett. He could be seen twisting on the gurney after death chamber staff failed to place the intravenous line properly.

Richard Glossip, John Grant and Benjamin Cole, the inmates challenging the state's procedures, argue the sedative used by Oklahoma, midazolam, cannot achieve the level of unconsciousness required for surgery, making it unsuitable for executions.

Glossip arranged for his employer to be beaten to death. Grant stabbed a correctional worker to death. Cole killed his 9-month-old daughter.

Arguments before the Supreme Court were set to begin at around 10 a.m. (1400 GMT). A decision is due by the end of June.

The main question before the nine justices is whether the use of midazolam violates the Constitution's Eighth Amendment prohibition on cruel and unusual punishment.

The case does not address the constitutionality of the death penalty in general, but it brings fresh attention to the ongoing debate over whether the death penalty should continue in the United States at a time when most developed countries have abandoned it.

Opponents say midazolam is not approved for use in painful surgeries and should not be used in the death chamber because it cannot maintain a coma-like unconsciousness, potentially leaving inmates in intense pain from lethal injection drugs that halt breathing and stop the heart.

The drug has been used in executions in Oklahoma, Florida, Ohio and Arizona.

Oklahoma maintains the drug is effective. Oklahoma's lawyers said in court papers the case was a "full-throated attack" on the state's ability to implement death sentences.

Oklahoma's governor, Mary Fallin, this month signed a law allowing the state to use nitrogen gas as an alternative execution method if the Supreme Court finds the state's lethal injection process unconstitutional or drugs are unavailable. (Editing by Will Dunham)

Also on HuffPost:

  • Lethal Injection
    AP
    Until 2010, most states used a three-drug combination: an anesthetic (pentobarbital or sodium thiopental), a paralytic agent (pancuronium bromide) to paralyze the muscle system, and a drug to stop the heart (potassium chloride). Recently, European pharmaceutical companies have refused to sell drugs to the U.S. for use in lethal injections, requiring states to find new, untested alternatives.
  • Gas Chamber
    AP
    Gas chambers, like this one pictured at the former Missouri State Penitentiary in Jefferson City, Mo., were first used in the U.S. in 1924. In the procedure, an inmate is sealed inside an airtight chamber which is then filled with toxic hydrogen cyanide gas. Oxygen starvation ultimately leads to death, but the inmate does not immediately lose consciousness.
  • Electric Chair
    AP
    The first electric chair was used in 1890. Electrodes attached to an inmate's body deliver a current of electricity. Sometimes more than one jolt is required.
  • Hanging
    AP
    Hanging was used as the primary method of execution in the U.S. until the electric chair's invention in 1890. Death is typically caused by dislocation of the vertebrae or asphyxiation, but in cases when the rope is too long, the inmate can sometimes be decapitated. If too short, the inmate can take up to 45 minutes to die.
  • Firing Squad
    AP
    This Old West-style execution method dates back to the invention of firearms. In a typical scenario in the U.S., the inmate is strapped to a chair. Five anonymous marksmen stand 20 feet away, aim rifles at the convict's heart, and shoot. One rifle is loaded with blanks.
  • Beheading
    Wikimedia Commons
    Decapitation has been used in capital punishment for thousands of years. Above is the chopping block used for beheadings at the Tower of London.
  • Guillotine
    Kauko via Wikimedia Commons
    Invented in France in the late 18th century during the French Revolution, the guillotine was designed to be an egalitarian means of execution. It severed the head more quickly and efficiently than beheading by sword.
  • Hanging, Drawing and Quartering
    Wikimedia Commons
    A punishment for men convicted of high treason, "hanging, drawing and quartering" was used in England between the 13th and 19th centuries. Men were dragged behind a horse, then hanged, disemboweled, beheaded, and chopped or torn into four pieces.
  • Slow Slicing
    Carter Cutlery/Wikimedia Commons
    Also called "death by a thousand cuts," this execution method was used in China from roughly A.D. 900 until it was banned in 1905. The slicing took place for up to three days. It was used as punishment for treason and killing one's parents.
  • Boiling Alive
    Wikimedia Commons
    Death by boiling goes back to the first century A.D., and was legal in the 16th century in England as punishment for treason. This method of execution involved placing the person into a large cauldron containing a boiling liquid such as oil or water.
  • Crucifixion
    Wikimedia Commons
    Crucifixion goes back to around the 6th century B.C.used today in Sudan. For this method of execution, a person is tied or nailed to a cross and left to hang. Death is slow and painful, ranging from hours to days.
  • Burning Alive
    Pat Canova via Getty Images
    Records show societies burning criminals alive as far back as the 18 century B.C. under Hammurabi's Code of Laws in Babylonia. It has been used as punishment for sexual deviancy, witchcraft, treason and heresy.
  • Live Burial
    Antoine Wiertz/Wikimedia Commons
    Execution by burial goes back to 260 B.C. in ancient China, when 400,000 were reportedly buried alive by the Qin dynasty. Depending on the size of the coffin (assuming there is one), it can take anywhere from 10 minutes to several hours for a person to run out of oxygen.
  • Stoning
    Wikimedia Commons
    This ancient method of execution continues to be used as punishment for adultery today.
  • Crushing By Elephant
    Wikimedia Commons
    This method was commonly used for many centuries in South and Southeast Asia, in which an elephant would crush and dismember convicts as a punishment for treason.
  • Flaying
    Michelangelo/Wikimedia Commons
    Records show flaying, the removal of skin from the body, was used as far back as the 9th century B.C.
  • Impalement
    Wikimedia Commons
    Records show this execution practice used as far back as the 18th century B.C., where a person is penetrated through the center of their body with a stake or pole.
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