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If he did what he was accused & convicted of (and it sure seems that way) then I have little problem personally with him having some troubles on the way out ......... guy is a monster who inflicted great harm to others
However, the law of the land is created to provide even handed punishment while maintaining the rights of citizens. There are recourses when rights are not followed.
If they did botch the execution I think there is basis for a lawsuit - but I don't think it could be much of one. The guy was getting put to death. So it's not like there is survivorship or any of those issues from any accident - the guy was going to die regardless. Anyone in that room was going to watch him die regardless which will amount to some level of pain & suffering - likewise just knowing that your dad was getting put down for his actions without actually seeing it.
Even if they botched it a little it still worked and worked relatively quickly. It's not like a failed electric chair where they had to reschedule it a week later and leave someone half fried.
I don't think I could justify much in the way of damages here
As I analyze it there is no basis for a lawsuit at all. We do have constitutional rights guaranteed to us by the Bill of Rights. One of those rights is the right not to be subjected to "cruel and unusual punishment" under the Eighth Amendment. Arguably, a botched execution could produce a great deal of pain and could be a basis for such a claim.
The problem is though that such a suit under the Civil Rights act requires that the state (and its officials) act "maliciously". Malice can be something done intentionally. It can also be done something done so recklessly that one can infer malice. The state categorically did not intentionally try to cause this man to die in a cruel or unusual manner. The idea was that he would fall asleep and die painlessly. Nor, could recklessness be inferred. The state went through a very involved process trying to locate the proper chemicals and drugs to carry this execution out in a painless manner.
For these reasons, I expect the case to thrown out of court pretty quickly.
I will say this:
1. Regardless of the merits of the lawsuit, I can't believe its this difficult to find a simple way--relatively painless way--to execute a condemned criminal. Sometimes, I wonder if its a result of too many people being involved in the process and/or too many protocols being followed. There simply has to be a way to do this without all these kinds of issues. By way of example, I've had surgical procedures and diagnostic tests done after being put to sleep with anesthesia like Propofol. I felt nothing. I remembered nothing until I woke up. If this can be done everyday for patients in a medical setting, something similar has to be available to put condemned people to death.
2. I have no use for people who say "so what if the guy suffered". The man was sentenced to death. He was not sentenced to a slow or lingering death or to be tortured. What the victim felt in comparison is not relevant. The state cannot and should not be in the business of torturing people. So, while the state is not responsible in this instance because it did not do anything intentionally wrong, it doesn't change the fact that we should work out an execution protocol that doesn't lead to these kinds of problems again.
2. I have no use for people who say "so what if the guy suffered". The man was sentenced to death. He was not sentenced to a slow or lingering death or to be tortured. What the victim felt in comparison is not relevant. The state cannot and should not be in the business of torturing people. So, while the state is not responsible in this instance because it did not do anything intentionally wrong, it doesn't change the fact that we should work out an execution protocol that doesn't lead to these kinds of problems again.
Should we change the law to say that an execution should take no longer than 30 seconds and anything longer is cruel and unusual punishment? Should inmates be given a hallucinogenic drug so they see blue skies and pink ponies while they die? It's true the law applies to everyone, but as you say, extreme diligence went into the selection of drugs used in this case and in your opinion malice was not intended. The authorities should determine what went wrong and fix it.
Because I don't know the law, I'd like to see your analysis of legal precedent if any that involves settling a lawsuit with the family of an executed criminal. Surely there have been a few cases of electrocutions or hangings going "wrong"? Did families sue in those cases?
Our job are to remove criminals from society, nothing more nothing less. I agree, let the criminal suffer but then we put ourselves down to that level. We are better than that.
For cases like this, I fully believe we should bring back either public lynchings, or the guillotine.
Nothing like a good beheading to twart rulebreakers!
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