Monday, October 12, 2009

Humane Death Penalty

In the news in recent months there have been various challenges to lethal injection as a manner of execution. Most challenges were by those sentenced to such executions. The challenges ignore the fact the Constitution does not prohibit uncomfortable punishments. The Eighth Amendment reads, Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

 

To understand where the people who wrote and approved the Constitution were coming from we must understand acceptable punishment at that time.

 

Common punishments at the time were branding, hanging, whipping and "hang draw and quarter." Those convicted of capital crimes were usually either branded or hanged by the neck until they were dead. A second capital conviction of a branded person resulted in hanging. 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 didn't 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.

 

Let us make "humane" the governing principle for executions. Executions must be performed humanely.

 

The Humane Slaughter Act of 1958 requires livestock 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 person being executed thus making them insensible to pain. The bolt is a heavy rod made of non-rusting alloys, such as stainless steel (thus there is no danger of the person being executed 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 person being executed can then be safely and painlessly executed in any manner defined by the governing authority. This will ensure a humane AND Constitutional execution. Just what the doctor ordered.

 

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