Jun 30, 2015|
The court decided to uphold the lethal injection method, casting aside comments from death row inmates and opponents that the injection causes horrible death.
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This line of attack that lethal injections themselves are cruel and unusual. Amounts to an assault on the death penalty itself and that's what Justice Alito sought that's what he rejected. In this case justice Stephen Breyer who's been on the court. And now more than twenty years essentially said he doesn't think there's any way to fix the death penalty to make it not. Cruel and unusual and it thinks it's time for the court. To rule it unconstitutional. Altogether. This is the boston.com. Morning show on the voice of Boston PM 680 WRK. Well. Thanks very welcome back everyone yes yesterday we can't remember. I decision from the supreme court of course today is June 30 the last day since I believe it's June 30 no let them and that you've got. Not a good we are usually set at a generic but I never said that once about January. You're doing cartwheels but boy to day just can't believe this is gone so quickly. Supreme graduated about a number of rulings as we said but come one that I think all of us here in this room. That was really fascinating was this this lethal injection issue so joining us to talk a little bit more maybe explaining to us is professor but I'm not there. He's from the northeastern Moscow. And professor thank you so much for joining us this morning it's good to have you in our conversation. Pleasure. So assumed actually brought about by roommates and I think that was the part that first caught my high. Whether it left through death row inmates per this is challenging the use through the first drug in the three. Three drug. Cocktail at the very few states that still execute. Employee. Two. Kill someone. And this is a drug that data only use. Because. Pharmaceutical Conn companies around the world. I was used to provide. Provision stronger drug. The one that's been tested. For the purpose of June people. Felix so it's called the presumably would lose. It's less severe anxiety drug routes use stood for short term mode crept in since surgery. That's never really been scientifically tested for the U. Pursued volunteer which is. Two. Totally different side this per person. So who don't feel horrible burning sensations. Other planes which go along with the second and third for. And that's what do you inmates were hurt were challenging. And the Supreme Court basically so they're very hard far. No room to. Established that glued to this drug or any drugs for example or there that situation. As cruel and unusual punishment which is prohibited by these are them. Professor were you surprised that it was so unusual when the lord justices read their opinions. I actually read their opinions and dissents out loud from the bench that happens very rarely that tells you how strongly they felt about a right pad. Blue moon really is usually just to lose announced the result and and be depressed that's the opinion in the world finds out. Where in the justice is. Read part of their opinions civilian court. That usually means it's a big case this happens every every turn up court. And the real surprise here at bow. He's not so much ruling on the particular issue the drugs. But that tour the US citizens. Justice Breyer as you mentioned earlier than. Ruth Ginsburg who joined him. Have joined the parade of justices and former justices who think the death penalty. Is unconstitutional. But that was not expected. And so what I. More than usual unfair or adjustments to make that kind of comment on the bench correct. What's unusual is this week not the issue in the case right he would issue in the case was move would be. Cruelty towards our services using this particular. A form of execution. And we're. It was barbed. Director and it would close contests so you can. Start been lurking behind. The issue of course is that it is whether or not. You can now. I capital punishment at all. And the less dedicated chip as news showed us that this soon kind of (%expletive) going on in this country. Seven states have abolished the death penalty. In the union. The last decade. And the fuel and if you were. This sense physician advised juries. And who have just his brother says he felt it was no longer. Reliable. Thing to. Kill people. On. You saw operations that we passed. We're speaking with professor Michael Meltzer for me and northeastern law school. And you've got to join our conversation would love to have you with 6172666868. Cents or member. Professor let's go back to this drug for just a moment sure that they weren't specific case. There was and mobile and Oklahoma. Who spent 43 minutes dying. England grimacing in pain that was second only particular case and since that time had that drug been suspended. Yes exactly. You know what what happened was very good pitcher grow wasn't working as planned didn't serve they see. Decided to stop the process. And it is plainly beating date was. That's suffering terribly. And so they accept the process that he died anyway it's from me just this side effects of war has to happen. It's another case in Arizona were similar thing happened it didn't botched executions. Are consistently over the years. Some use of this drug according to the state of Florida. They're perfectly. Do it it works without a problem. But it really can do a contested matter. And what did the majority of the Supreme Court. It was established what some say that you have to prove. More. Than these it's true the burden of proof is on them and it's a very high winds and the particular reason. It's it's because the court record. Heard yesterday and in the inmates to show that there wasn't another method of execution. That was. Accessible when the doors you can get that rubber up the spread. And who worked better done. And that is a kind of odd result because the eighth amendment says you can execute people assert more it. A cool way. In. Doesn't burden or pattern to pass on on the you have you made suit until goodnight children. Right right. So will this drive be put back into use some of these executions. Until begin in states like Oklahoma Arizona man wouldn't even Missouri and Ohio. Certainly you certainly do this correctly. It is clean. There's no reason why the after the court decision. District I can't be used. If there. Abu. Results like the one you described. Some news you missed it will be back in court concluded it's a matter of popes from its predecessor literally. We're the borrowers whose whose very very. I took a big point here. This this fire just this is still want the death penalty were still feel it and it can it go. Assembled in the middle messer. There's no way that whoever ago in bands and forward believe that it's. Its usefulness is who no longer constitutional. And and it's really indicated that the court. And others that favor. For the justices to world's. Actions and then capital punishment but that's the direction. Things are going don't want consent. Professor thank you prefer being a part of this conversation this morning to fascinating conversation and one certainly will continue professor Michael Meltzer. The northeastern Roth thank you so very much yeah. It was very interesting that the court is swinging and that can get that those two justices would see that as he was saying that off from the bench and that was not a subject matter that they were really being. Charged with onward Justice Scalia when he responded to Justice Breyer and his dissent for the death penalty calling gobble the cook for. I was last I mean it'd just as safe gobbledygook ranking isn't that the truth in. I have bad person for saying I don't really care what nobody. A prisoner in Oklahoma who was gasping for air for 25 minutes now. Underwent the reason you receive the death panel that's correct that's correct. And then it moves through against it often will argue. That was there a very innocent people on death row I think thanks to DNA more than not there there are not. There are not innocent people on death throwing more now on an Oprah so like I I would hope that. Did that is the case to implement their panel that in many cases out there today that the you could say he's definitely innocent because of the dinner.