Monday, October 29, 2007

Humane Executions

In recent months there have been challenges to lethal injection as a manner of execution. Most challenges have come from convicted criminals sentenced to such executions. The challenges ignore the fact the Constitution does not prohibit uncomfortable punishments nor does it require pain free punishments. The Eighth Amendment reads, Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

To understand where those who wrote and ratified the Constitution and its amendments were coming from we must understand common punishment of their time.

Common punishments at the time were stocks, branding, hanging, and "hang draw and quarter." Nonviolent crimes may have resulted in the convicted criminal being locked head and hands or feet in stocks for public humiliation and a little mistreatment by the public. Those convicted of capital crimes were usually either branded or hanged by the neck until they were dead. A second conviction for a capital crime of a branded person resulted in hanging, no questions asked. For especially heinous crimes or crimes such as treason the punishment was the hang draw and quarter. In this punishment, you were hanged until very nearly dead; then you were disemboweled and your private parts cut off, all while you were still conscious. A good executioner could do it very quickly, so that you did not die too early. The person being executed would then be pulled apart with four horses tied to his extremities, so as to execute him.

Now, compare that with lethal injection and the uncomfortable “prick” of a needle.

If we make "humane" the guiding principle for executions and require that executions be performed humanely I have a suggestion.

The Humane Slaughter Act of 1958 requires livestock, prior to being killed, be rendered insensible to pain, stunned into unconsciousness by a single blow or gunshot or an electrical, chemical or other means that is rapid and effective. Congress found that the use of humane methods prevents needless suffering. Thus we have the congressional approval of the use of the "captive bolt gun" to stun the animal into unconsciousness.

The captive bolt gun could be used to stun the convicted subject being executed making them insensible to pain or unconscious. The bolt is a heavy rod made of non-rusting alloys, such as stainless steel (there is no danger of the subject catching any cruel or unusual illnesses or rashes etc). The bolt is propelled forward by the discharge of a blank round, which is ignited by a firing pin (actuated by a trigger pull).

Being struck in the forehead and rendered insensible to pain the subject can then be safely and painlessly executed in any manner defined by the law. This will ensure a humane AND Constitutional execution.

If you do not believe this to be humane you might want to give up eating beef, pork, and lamb because in all probability this is how they get to your table.

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