RIDGE RUNNER CHRONICLES: Will There Be More Executions by Firing Squad in the Future?
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On October 23, the US Supreme Court, by a vote of 6 to 3, denied a last minute plea by Anthony Boyd, a death-row inmate in Alabama, that he be executed by firing squad instead of by asphyxiation (with the use of nitrogen hypoxia). Alabama authorities in recent years had recurring botched executions while using lethal injections to execute prisoners. So nitrogen hypoxia exposure is the latest attempt in Alabama to comply with the Eighth Amendment to the US Constitution, which prohibits “cruel and unusual punishment”. Boyd’s lawyers argued that this method of execution was just as cruel and unusual as prior methods of execution because it unnecessarily prolongs the moment of death. Boyd requested that he be executed by firing squad but the majority of the Court ruled that the execution should proceed as scheduled, despite a rather moving dissent by Justice Sotomayor. In her dissent, Justice Sotomayor noted that if a firing squad were used, Boyd would be dead within seconds instead of minutes.
As it turns out, the execution of Boyd later the same day was a prolonged event, with Boyd being exposed to the nitrogen hypoxia for more than 30 minutes before he died. Observers said he gasped more than 200 times during the event, thereby giving credence to Justice Sotomayor’s dissenting opinion.
Today, 23 states still allow for executions following a death sentence. Over recent years, the traditional methods of executions—by electrocution and by lethal injection—have been legally challenged as constituting cruel and unusual punishment due to a number of “botched” executions. For a thorough discussion of the subject, check out www.deathpenaltyinfo.org and click on “botched executions”. You may be surprised to learn that the highest number of “botched” executions, on a percentage basis, occur with the use of “lethal injections”. The problem with lethal injections, as it turns out, is two fold: the personnel administering the injections are often medically incompetent to properly administer the injections and the chemicals used for the lethal injections are not readily available anymore. In fact, some chemical companies, such as Pfizer, refuse to supply chemicals such as pentobarbital if these chemicals are going to be used for an execution.
According to Professor Austin Sarat, an expert on the issue of executions, the only form of execution in recent years without any “botched” events is the firing squad. Utah, and more recently Idaho, South Carolina, Oklahoma and Missouri have enacted legislation allowing for execution by firing squad; Florida allows for “any means of execution” (including the firing squad) if lethal injection and electrocution are eventually ruled to be “cruel and usual punishment”. Other states still allowing executions are also now considering using the firing squad as an alternative choice because it seems to result in an instant death as compared to these other methods.
The subject of executions has always been and will always be a grisly topic. The current methods of execution do not begin to compare to the horrific choices used centuries ago, such as being boiled in oil, crucified, stoned, drowned or burned alive, but they are grisly just the same. But as long as people continue to commit horrific crimes, the death penalty is likely to continue as well in jurisdictions that have the death penalty.
As noted above, Utah and Idaho now have the firing squad. In case you are wondering, Bryan Kohlberger, who murdered the four Idaho college students, has pled guilty in exchange for a sentence of life imprisonment, thereby escaping the Idaho firing squad. Tyler Robinson, the accused killer of Charlie Kirk, might face a firing squad in Utah (if convicted and if he receives a death sentence) but only if the chemicals required for a lethal injection are not available at the time of his scheduled execution.
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■ Bill Hoagland has practiced law in Alton for more than 50 years, but he has spent more than 70 years hunting, fishing and generally being in the great outdoors. His wife, Annie, shares his love of the outdoor life. Much of their spare time is spent on their farm in Calhoun County. Bill can be reached at [email protected].
