SCOTUS sides with inmate who wants to die by firing squad

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ASPartOfMe
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23 Jun 2022, 10:42 am

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The Supreme Court on Thursday ruled in favor of a death row inmate in Georgia who is challenging the state's lethal injection protocol and seeks to die by firing squad -- a method not currently authorized in the state.

The court said the inmate could bring the challenge under a federal civil rights law that allows individuals to seek remedies when their Constitutional rights are violated. The decision could make it easier for inmates to challenge their potential execution method.

The 5-4 majority opinion was written by Justice Elena Kagan, with Justice Amy Coney Barrett penning a dissent joined by Justices Clarence Thomas, Samuel Alito and Neil Gorsuch.

Kagan said that the law at issue, Section 1983, "broadly authorizes suit against state officials for the deprivation of any rights secured by the Constitution."

"Read literally," she said, "that language would apply to all of a prisoner's constitutional claims."

Barrett, in her dissent, countered: "An inmate can use §1983 actions to challenge many, if not most, aspects of prison administration. But when a challenge would prevent a State from enforcing a conviction or sentence, the more rigorous, federalism-protective requirements of habeas apply."

Although Barrett noted that she "understand[s] the impulse" for prisoners to use civil rights suits rather than habeas petitions to bring such claims given the obstacles to the latter, she concluded that the proper forum for such challenges are state, rather than federal, court.


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cyberdad
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23 Jun 2022, 5:07 pm

The one time he probably wished he lived in an authoritarian dictatorship.



Sweetleaf
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23 Jun 2022, 5:54 pm

Both options sound terrible, I have to admit.

I have to admit I am curious though are any inmates sentenced to die like panicky when the day comes? Seems some movie depictions it's like they have accepted their fate and are kind of complacent. But I am wondering if the reality is they gotta drag the person they are executing kicking and screaming to be strapped into the lethal injection bed.


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23 Jun 2022, 6:35 pm

Why not? Makes about as much difference as picking chocolate over raspberry.

I can see the appeal. If you have to die why not die like a soldier in battle? Facing your executioners while they are forced to look at you, and to aim and shoot rifles at you...rather than die by chemical means like a cow in a slaughter house?



Last edited by naturalplastic on 23 Jun 2022, 6:39 pm, edited 1 time in total.

cyberdad
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23 Jun 2022, 6:38 pm

Sweetleaf wrote:
Both options sound terrible, I have to admit.

I have to admit I am curious though are any inmates sentenced to die like panicky when the day comes? Seems some movie depictions it's like they have accepted their fate and are kind of complacent. But I am wondering if the reality is they gotta drag the person they are executing kicking and screaming to be strapped into the lethal injection bed.


No matter how mentally prepared you are, the moment of death is a terrifying prospect. That's the moment when you realise that all the years of your life are going to be snuffed out in a matter of seconds. You are literally going to be thrown into a void and however religious you are, you become honest with yourself and have no clue whether you cease existing.



cyberdad
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23 Jun 2022, 6:39 pm

naturalplastic wrote:
Why not? Makes about as much difference as picking chocolate over raspberry.

I can see the appeal. If you have to die why not die like a soldier in battle? Facing your executioners while they shoot rifles at you...rather than die by chemical means like a cow in a slaughter house?


I think the dude doesn't want a long drawn out death and bullets might seem quicker than lethal injection (which does cause convulsion and prolonged pain in some inmates)



naturalplastic
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23 Jun 2022, 6:44 pm

cyberdad wrote:
naturalplastic wrote:
Why not? Makes about as much difference as picking chocolate over raspberry.

I can see the appeal. If you have to die why not die like a soldier in battle? Facing your executioners while they shoot rifles at you...rather than die by chemical means like a cow in a slaughter house?


I think the dude doesn't want a long drawn out death and bullets might seem quicker than lethal injection (which does cause convulsion and prolonged pain in some inmates)


Lethal injection is supposed to be painless. Fall asleep, and never wake up. Granted it doesnt always work as advertised. Firing squad is thought of as being archaic.



cyberdad
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23 Jun 2022, 6:52 pm

naturalplastic wrote:
Firing squad is thought of as being archaic.


It is, and depending on where the bullet ends up hitting you it can be painful. It might be the inmate has a phobia about needles or the thought of getting injected.



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23 Jun 2022, 7:19 pm

cyberdad wrote:
naturalplastic wrote:
Firing squad is thought of as being archaic.


It is, and depending on where the bullet ends up hitting you it can be painful. It might be the inmate has a phobia about needles or the thought of getting injected.


More afraid of needles than of bullets?

My own thought resulted from a thought experiment I did once years ago. First I asked myself "which means of execution is the most humane?". Then I asked myself "which would i prefer for myself?". To my own surprise I came up with two different answers. That in general gas would be the most painless (in theory). But for myself- firing squad was the least unappealing for the reasons I stated above. I was much younger then so dying like a soldier facing guns at Pickett's Charge, or in the charge of the Light Brigade, had some romantic appeal I suppose.



cyberdad
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23 Jun 2022, 8:51 pm

naturalplastic wrote:
\That in general gas would be the most painless (in theory). .


Yes I would have thought anaesthetic nitrogen gas would have been the most humane way to put somebody down. Not sure why the state chooses painful methods like lethal injection or the electric chair.

But this dude wants firing squad? perhaps he wasn't to go out in a blaze of glory



Texasmoneyman300
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23 Jun 2022, 10:54 pm

ASPartOfMe wrote:
CNN
Quote:
The Supreme Court on Thursday ruled in favor of a death row inmate in Georgia who is challenging the state's lethal injection protocol and seeks to die by firing squad -- a method not currently authorized in the state.

The court said the inmate could bring the challenge under a federal civil rights law that allows individuals to seek remedies when their Constitutional rights are violated. The decision could make it easier for inmates to challenge their potential execution method.

The 5-4 majority opinion was written by Justice Elena Kagan, with Justice Amy Coney Barrett penning a dissent joined by Justices Clarence Thomas, Samuel Alito and Neil Gorsuch.

Kagan said that the law at issue, Section 1983, "broadly authorizes suit against state officials for the deprivation of any rights secured by the Constitution."

"Read literally," she said, "that language would apply to all of a prisoner's constitutional claims."

Barrett, in her dissent, countered: "An inmate can use §1983 actions to challenge many, if not most, aspects of prison administration. But when a challenge would prevent a State from enforcing a conviction or sentence, the more rigorous, federalism-protective requirements of habeas apply."

Although Barrett noted that she "understand[s] the impulse" for prisoners to use civil rights suits rather than habeas petitions to bring such claims given the obstacles to the latter, she concluded that the proper forum for such challenges are state, rather than federal, court.

I tend to agree with the inmate because I would prefer to be shot by a 30-06 loaded with deer hunting ammo in the torso instead of lethal injection.I am very afraid of needles.Maybe I feel this way because I am a hunter.



naturalplastic
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24 Jun 2022, 3:27 am

cyberdad wrote:
naturalplastic wrote:
\That in general gas would be the most painless (in theory). .


Yes I would have thought anaesthetic nitrogen gas would have been the most humane way to put somebody down. Not sure why the state chooses painful methods like lethal injection or the electric chair.

But this dude wants firing squad? perhaps he wasn't to go out in a blaze of glory


Lethal injection IS painless (like gas). Or its supposed to be in theory. Except for that little pin prick of the needle (theyve stuck me in the mouth with greater numbers of bigger and more scary looking needles for root canals).

But like gas- it isnt always painless. Supposedly things can go wrong.



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25 Jun 2022, 12:54 am

cyberdad wrote:
No matter how mentally prepared you are, the moment of death is a terrifying prospect.


It's not much of a bother after the first time. :eye:



naturalplastic
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25 Jun 2022, 9:28 am

Texasmoneyman300 wrote:
ASPartOfMe wrote:
CNN
Quote:
The Supreme Court on Thursday ruled in favor of a death row inmate in Georgia who is challenging the state's lethal injection protocol and seeks to die by firing squad -- a method not currently authorized in the state.

The court said the inmate could bring the challenge under a federal civil rights law that allows individuals to seek remedies when their Constitutional rights are violated. The decision could make it easier for inmates to challenge their potential execution method.

The 5-4 majority opinion was written by Justice Elena Kagan, with Justice Amy Coney Barrett penning a dissent joined by Justices Clarence Thomas, Samuel Alito and Neil Gorsuch.

Kagan said that the law at issue, Section 1983, "broadly authorizes suit against state officials for the deprivation of any rights secured by the Constitution."

"Read literally," she said, "that language would apply to all of a prisoner's constitutional claims."

Barrett, in her dissent, countered: "An inmate can use §1983 actions to challenge many, if not most, aspects of prison administration. But when a challenge would prevent a State from enforcing a conviction or sentence, the more rigorous, federalism-protective requirements of habeas apply."

Although Barrett noted that she "understand[s] the impulse" for prisoners to use civil rights suits rather than habeas petitions to bring such claims given the obstacles to the latter, she concluded that the proper forum for such challenges are state, rather than federal, court.

I tend to agree with the inmate because I would prefer to be shot by a 30-06 loaded with deer hunting ammo in the torso instead of lethal injection.I am very afraid of needles.Maybe I feel this way because I am a hunter.


Youre gonna die anyway. So why fear a needle?



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25 Jun 2022, 10:21 am

Dillogic wrote:
cyberdad wrote:
No matter how mentally prepared you are, the moment of death is a terrifying prospect.


It's not much of a bother after the first time. :eye:


Yes I guess this is one pathway where there are no practice runs.



TwisterUprocker
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25 Jun 2022, 9:45 pm

Executions should be done Russian style, bullet to the back of the head.