ST. LOUIS — With lethal-injection drugs in short supply and new questions looming about their effectiveness, lawmakers in some death penalty states are considering bringing back relics of a more gruesome past: firing squads, electrocutions and gas chambers.
Most states abandoned those execution methods more than a generation ago in a bid to make capital punishment more palatable to the public and to a judicial system worried about inflicting cruel and unusual punishments that violate the Constitution.
But to some elected officials, the drug shortages and recent legal challenges are beginning to make lethal injection seem too vulnerable to complications.
“This isn’t an attempt to time-warp back into the 1850s or the wild, wild West or anything like that,” said Missouri state Rep. Rick Brattin, who this month proposed making firing squads an option for executions. “It’s just that I foresee a problem, and I’m trying to come up with a solution that will be the most humane yet most economical for our state.”
Brattin, a Republican, said questions about the injection drugs are sure to end up in court, delaying executions and forcing states to examine alternatives. It’s not fair, he said, for relatives of murder victims to wait years, even decades, to see justice served while lawmakers and judges debate execution methods.
Like Brattin, a Wyoming lawmaker this month offered a bill allowing the firing squad. Missouri’s attorney general and a state lawmaker have raised the notion of rebuilding the state’s gas chamber. And a Virginia lawmaker wants to make electrocution an option if lethal-injection drugs aren’t available.
If adopted, those measures could return states to the more harrowing imagery of previous decades, when inmates were hanged, electrocuted or shot to death by marksmen.
States began moving to lethal injection in the 1980s in the belief that powerful sedatives and heart-stopping drugs would replace the violent spectacles with a more clinical affair while limiting, if not eliminating, an inmate’s pain.
The total number of U.S. executions has declined in recent years — from a peak of 98 in 1999 to 39 last year. Some states have turned away from the death penalty entirely. Many have cases tied up in court. And those that carry on with executions find them increasingly difficult to conduct because of the scarcity of drugs and doubts about how well they work.
In recent years, European drug makers have stopped selling the lethal chemicals to prisons because they do not want their products used to kill.
At least two recent executions are also raising concerns about the drugs’ effectiveness. Last week, Ohio inmate Dennis McGuire took 26 minutes to die by injection, gasping repeatedly as he lay on a gurney with his mouth opening and closing. And on Jan. 9, Oklahoma inmate Michael Lee Wilson’s final words were, “I feel my whole body burning.”
Missouri threw out its three-drug lethal injection procedure after it could no longer obtain the drugs. State officials altered the method in 2012 to use propofol, which was found in the system of pop star Michael Jackson after he died of an overdose in 2009.
The anti-death penalty European Union threatened to impose export limits on propofol if it were used in an execution, jeopardizing the supply of a common anesthetic needed by hospitals across the nation. In October, Gov. Jay Nixon stayed the execution of serial killer Joseph Paul Franklin and ordered the Missouri Department of Corrections to find a new drug.
Days later, the state announced it had switched to a form of pentobarbital made by a compounding pharmacy. Like other states, Missouri has refused to divulge where the drug comes from or who makes it.
Missouri has carried out two executions using pentobarbital — Franklin in November and Allen Nicklasson in December. Neither inmate showed outward signs of suffering, but the secrecy of the process resulted in a lawsuit and a legislative inquiry.
Michael Campbell, assistant professor of criminal justice at the University of Missouri-St. Louis, said some lawmakers simply don’t believe convicted murderers deserve any mercy.
“Many of these politicians are trying to tap into a more populist theme that those who do terrible things deserve to have terrible things happen to them,” Campbell said.
Richard Dieter, executive director of the Death Penalty Information Center in Washington, D.C., cautioned that there could be a backlash.
“These ideas would jeopardize the death penalty because, I think, the public reaction would be revulsion, at least from many quarters,” Dieter said.
Some states already provide alternatives to lethal injection. Condemned prisoners may choose the electric chair in eight states: Alabama, Arkansas, Florida, Kentucky, Oklahoma, South Carolina, Tennessee and Virginia. An inmate named Robert Gleason Jr. was the most recent to die by electrocution, in Virginia in January 2013.
Arizona, Missouri and Wyoming allow for gas-chamber executions. Missouri no longer has a gas chamber, but Attorney General Chris Koster, a Democrat, and Missouri state Sen. Kurt Schaefer, a Republican, last year suggested possibility rebuilding one. So far, there is no bill to do so.
Delaware, New Hampshire and Washington state still allow inmates to choose hanging. The last hanging in the U.S. was Billy Bailey in Delaware in 1996. Two prisoners in Washington state have chosen to be hanged since the 1990s — Westley Allan Dodd in 1993 and Charles Rodman Campbell in 1994.
Firing squads typically consisting of five sharpshooters with rifles, one of which is loaded with a blank so the shooters do not know for sure who fired the fatal bullet. They have been used mostly for military executions.
Since the end of the Civil War, there have been three civilian firing squad executions in the U.S., all in Utah. Gary Gilmore uttered his famous final words, “Let’s do it” on Jan. 18, 1977, before his execution, which ended what amounted to a 17-year national moratorium on the death penalty. Convicted killers John Albert Taylor in 1996 and Ronnie Lee Gardner in 2010 were also put to death by firing squad.
Utah is phasing out its use, but the firing squad remains an option there for inmates sentenced prior to May 3, 2004.
Oklahoma maintains the firing squad as an option, but only if lethal injection and electrocution are deemed unconstitutional.
In Wyoming, Republican state Sen. Bruce Burns said death by firing squad would be far less expensive than building a gas chamber. Wyoming has only one inmate on death row, 68-year-old convicted killer Dale Wayne Eaton. The state has not executed anyone in 22 years.
Jackson Miller, a Republican in the Virginia House of Delegates, is sponsoring a bill that would allow for electrocution if lethal injection drugs are not available.
Miller said he would prefer that the state have easy access to the drugs needed for lethal injections. “But I also believe that the process of the justice system needs to be fulfilled.”
I read the opinion of one state executioner who stated that the firing squad was the most humane way of executing someone that he’d ever seen.
“Lethal injection” sounds a lot nicer to the TV idiots, but the victim is actually writhing in pain until he dies, and as this article states, that can take up to 26 minutes. The firing squad ends his life a lot more quickly.
BUT — I also fear that this may be a propaganda effort to get Americans used to the idea of our government putting bullets into people.
Why would there be a shortage of lethal injection drugs? Are there so many people being executed that a mass-produced chemical could be in short supply? Maybe they’re using it all up on the vanishing homeless.
“Here you go, bag-lady. Finish eating your biscuit, and then we’ll give you something that will help you sleep.”
“BUT — I also fear that this may be a propaganda effort to get Americans used to the idea of our government putting bullets into people.”
I agree with ya, JR. Like that last lethal injection incident where the guy was still alive and struggling before he died because the assholes injected him with the wrong chemical.
Watch them continue to have lethal injection “problems”. Once too many of them happen, they will create propaganda to say it is too dangerous and inhumane and switch it over to a firing squad. Then they will have an easier time and excuse to line up everyone for execution which is what they wanted to do in the first place. PROBLEM-REACTION-SOLUTION style.
“This isn’t an attempt to time-warp back into the 1850s or the wild, wild West or anything like that,” said Missouri state Rep. Rick Brattin, who this month proposed making firing squads an option for executions. “It’s just that I foresee a problem, and I’m trying to come up with a solution that will be the most humane yet most economical for our state.”
And there’s my point! Problem-Reaction-Solution!
Actually, I think the mention of the electric chair in this article is a red herring, as it would cost too much for them and would defeat the purpose with what they are trying to accomplish which is the quick depopulation and mass execution of the American people.
Probably the best all around way to execute (kill) convicted prisoners would be with the plastic bag and laughing gas.
I always wonder who is responsible for executing the wrong person. Wouldn`t that be the same as murder – pre-meditated murder at that when they execute the wrong person!! In that case, shouldn`t the judge, the DA, and anyone else involved be executed then?? There are a ton of wrongful convictions out there. Yea, Laws are made only for the law makers and that is it, and if I am wrong then why is it that they all never get arrested and sentenced just like the rest of us. That goes for these so called famous bastards and PTB that are getting away with murder, drug abuse/distrubution, child traficking/pedophilia perverts, ect. ect. They never ever seem to follow the same laws and sentencing as the rest of us all.
yes, Digger….. and therein lies my main objection to capital punishment. According to a NY Times article I read long ago, one out of every six people executed by the state is later found to be innocent. (of course, since this data came from the NY Times, it could very well be a lie that served their political purposes at the time).
But I also think it’s used to silence people. A life of busting rocks when you’re not in your cage is a fate far worse than death, and you can always cut him loose if he’s later found to be innocent, but it’s all too convenient for the state if they’re able to shut someone up whose knowledge could hurt them.
Many point to the cost of imprisonment as a reason to execute people, but as we see in our prisons of today, their incarceration may be profitable if you can get some work out of them, and anyone who is otherwise locked in a cage will be happy to get out for a little work during the day.
I didn`t think that it was that many – one out of six. It realy wouldn`t suprise me though. Oh Yes Jolly Roger,when I had to do my time I was shipped out to a minimum prison camp system because they did say that Iwas over sentenced for what they “found” me guilty of – the only reason that they found me guilty was because I kepted my mouth shut and they actually admitted it. Yea, we – about 25 other people had to clear DNR land clean up creeks and streams, ect. that the state DNR would have to otherwise do themselves. Yea, at that time we got paid .05 cents a hour for our work. Think of how much the DNR would have charged – It would have been a hell of a lot more than 5 cents to be sure. That was back in `73 or `74. Yes, most were there for being overly sentenced for what TPTB charged them with and there were some that – like myself – were not even guilty of the crime we were accused of. Yea, Nice fair and equal “just us” – justice – system eh.
when punishment like this is delt to the elite, then I will support it, until then The Rule of Law is lopsided and needs to be corrected with the blood of tyrants and traitors
“In recent years, European drug makers have stopped selling the lethal chemicals to prisons because they do not want their products used to kill.” Huh. I find that hard to believe. Had a friend who worked for a pharmaceutical company in Germany and she would beg to differ. She worked for them for 15 years and quit because her conscience got to her and now does her damndest to avoid anything lab created. I doubt that ANY drug company has such ethics as that is their true intention. Murder for hire only they kill the dumbasses that give them their money
Gee…electric chairs, gas chambers, firing squads as opposed to lethal injections….Kinda sounds a lot like Nazi Germany, doesn’t it?
History repeating itself. Fascism is alive and well in Amerika.
Yes it does doesn`t it NC
One word……….
Guillotines.