Home -> Law Blog Directory -> Criminal Law Blogs -> Crime and Consequences

Criminal Law

: Crime and Consequences

Baze Decided

By Kent Scheidegger et al.

The Supreme Court decided the lethal injection case, Baze v. Rees today. The opinion is here. There is no majority, but I expect the plurality opinion by Chief Justice Roberts will be treated as the authoritative word. A couple of key passages: Accordingly, we reject petitioners? proposed ?unnecessary risk? standard, as well as the dissent?s ?untoward? risk variation. See post, at 2, 11 (opinion of Ginsburg, J.) [footnote omitted] Instead, the proffered alternatives must effectively address a ?substantial risk of serious harm.? Farmer, supra, at 842. To qualify, the alternative procedure must be feasible, readily implemented, and in fact significantly reduce a substantial risk of severe pain. If a State refuses to adopt such an alternative in the face of these documented advantages, without a legitimate penological justification for adhering to its current method of execution, then a State?s refusal to change its method can be viewed as ?cruel and unusual? under the Eighth Amendment...continue to full post

Full post as published by Crime and Consequences on April 16, 2008 (boomark / email).