Miscellaneous

Cruel, Unusual, and Impossible?

By Anne Skove, Esq.

While Callahan, et al, wait for the SCOTUS to make up its mind regarding the constitutionality of lethal injection, one state court of last resort has issued an opinion regarding the electric chair.

Nebraska's high court, in State v. Mata (S-05-1268), held the chair constituted "cruel and unusual punishment," and hence is unconstitutional. The court added: "it is the hallmark of a civil society that we punish cruelty without practicing it."

But, how will this Nebraskan defendant be put to death? Lethal injections around the country are on hold pending the outcome of the Supreme Court's decision about their constitutionality. Does that leave firing squad? Some other method?

Or are we close to a point where, although capital punishment in theory may yet pass constitutional muster, there is no non-cruel and usual method by which it can be accomplished, making the death penalty de facto (as opposed to de jure) unconstitutional?

Interesting times. The tough-on-crime-ness rampant in the 80s and 90s is falling apart at the seams rather suddenly.

See State Court Says Electric Chair Unconstitutional, Reuters (February 8, 2008).

Full post as published by court-o-rama.org on February 08, 2008 (boomark / email).