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Delaware’s lethal injection protocol upheld

By Karl R. Keys, Esq.

The Third Circuit on Monday upheld Delaware’s lethal injection protocol, Robert W. Jackson, III v. Danberg. The panel’s opinion concludes: But whatever one?s personal feelings about the death penalty, no reasonable person disputes that the execution of a human being, no matter how heinous his or her crime, is a most solemn and weighty matter. The record before us reflects an occasional blitheness on Delaware?s part that, while perhaps not unconstitutional, gives us great pause. We remind Delaware not only of its constitutional obligation to ensure that the implementation of its new protocol does not run afoul of the Eighth Amendment?s proscription of cruel and unusual punishment, but also of its moral obligation to carry out executions with the degree of seriousness and respect that the state-administered termination of human life demands...continue to full post

Full post as published by Capital Defense Weekly on February 01, 2010 (boomark / email).