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: StandDown Texas Project

Deborah Denno on the Baze Ruling

By standdown

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Fordham Law prof Deborah Denno, the leading scholar examining lethal injection issues, has this reaction to the Baze ruling:Baze v. Rees is a splintered plurality decision in which the Supreme Court puts forth an Eighth Amendment standard that an execution method must constitute a "substantial" or "objectively intolerable" risk of serious harm before it can be rendered a violation of the Eighth Amendment.  While the Court affirmed the constitutionality of Kentucky's lethal injection procedure, the evidence available in Kentucky was limited due to constraints on discovery and the fact that the state has conducted only one prior lethal injection execution.  Other states have far more information available concerning the problems with their particular procedures...continue to full post

Full post as published by StandDown Texas Project on April 16, 2008 (boomark / email).

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