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"Dying in Vein: Is subjecting an inmate to a failed execution cruel and unusual punishment?"

By Douglas A. Berman

The title of this post is the headline of this new piece appearing on-line at Newsweek.  Here is how it begins: Can a vein save a convicted killer?  It the case of Romell Broom ? it might. Broom was sentenced to death for raping and murdering 14-year-old Tryna Middleton on Sept. 21, 1984. Broom isn't supposed to be alive to witness the 25th anniversary of Middleton's death ? but he is.  Last Tuesday, the execution team at the Southern Ohio Correctional Facility spent several hours trying unsuccessfully to find a viable vein for a lethal injection. Now, Ohio is faced with the difficult task of determining whether it can try to execute Broom a second time, after it botched the first attempt. Related posts on botched Broom execution attempt: Ohio struggling, legally and practically, with effort to execute offender More on Ohio's execution troubles and what could happen next Details on the botched Ohio execution attempt, issue spotting, and seeking predictions UK advocate saying botched Ohio execution attempt should be US turning point on death penalty Notable reactions in national and local papers in response to Ohio's "unexecuted" Will (and when and how will) SCOTUS have to weigh in on Ohio's desire to try execution again? Latest litigation update surrounding Ohio's unexecuted and re-execution plans (UPDATED with stay details) Specifics and predictions concerning stay of Ohio's effort to re-execute Broom continue to full post

Full post as published by Sentencing Law and Policy on September 21, 2009 (boomark / email).