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Your Lethal Injection Bill: A fight to the death over an expensive yellow jacket
24 St. Thomas Law Rev. 248 (2012)
  • Woody R Clermont
Abstract
This article reviews in a detailed fashion, the legal prohibition of "cruel and unusual" punishment along with a full history of capital punishment. From the Magna Carta to the English Bill of Rights of 1689, to the various bills of rights developed early on in the American colonies, the United States drew its understanding of the constitutional proscription from a enlightened sense of rejecting the barbaric and inhumane. From the earliest cases raising Eighth Amendment claims, the Court focused on particular methods of execution such as the firing squad and the electric chair to determine whether they were too cruel to pass constitutional muster. However, with an enlightened understanding also comes a great societal cost. Fiscal sense dictates that the draining expenses associated with the death penalty process not only distort economic decisions, but are antiproductive and make local state economies inefficient. This article particularly looks at the litigation concerning lethal injections, and the recent substitution of pentobarbital into the death cocktail. The ultimate question becomes: considering the recent turn of economic events, can we continue to maintain the death penalty when life imprisonment without parole may prove to be more cost efficient?
Disciplines
Publication Date
Spring 2012
Citation Information
Woody R Clermont. "Your Lethal Injection Bill: A fight to the death over an expensive yellow jacket" 24 St. Thomas Law Rev. 248 (2012)
Available at: http://works.bepress.com/woody_clermont/9/