The Death Penalty: Botched Executions - Cruel and Unusual?

Abstract

Do botched executions in the United States constitute cruel and unusual punishment to those condemned to the death penalty, thus violating the Eight Amendment of the Constitution? Or does the intent to be humane override any pain and suffering caused during delivery? The United States has the distinction of being one of the last developed western countries actively practicing the death penalty. It is not, however, practiced in every state. As 2018 ended, thirty states have the death penalty on the books including the federal government and the military. Three of these states though, Oregon (2011), Colorado (2013), and Pennsylvania (2015) have governor moratoriums. Twenty states, plus the District of Columbia, have either abolished the use of the death penalty or their state courts have overturned it. The United States during its history has basically used five different forms of capital punishment: Firing squad, Hanging, Gas chamber, Electric chair, and Lethal injection. Each of these methods, except for the firing squad, has been botched in its delivery. Botched refers to the method of execution being performed poorly causing unnecessary discomfort, suffering, or pain to the person being executed. Every new method came with the promise of being more humane, but each new method largely failed to deliver in this promise.