this post was submitted on 28 Feb 2024
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[–] [email protected] 112 points 8 months ago (3 children)

Dear Supreme Court Originalists:

The Eighth Amendment to the U.S. Constitution:

Excessive bail shall not be required, nor excessive fines imposed, ••nor cruel and unusual punishments inflicted.**

I want them to explain exactly why this isn't cruel.

[–] [email protected] 53 points 8 months ago (2 children)

The supreme Court ruled that due to the wording, the punishment must be both cruel and unusual. This is for sure cruel, but it's not weird enough

[–] [email protected] 29 points 8 months ago (1 children)

Literally nothing is unusual if u do it enough times.

[–] [email protected] 24 points 8 months ago

That was my argument but after three attempts she told me we had to turn off The Muppets Take Manhattan.

[–] [email protected] 19 points 8 months ago

And the way they determine "unusual" is by doing this absolutely ahistoric, arbitrary polling of current policy. They cherry pick whatever statistics serve the politics of the person writing the decision.

e.g., when ruling whether it was "unusual" to execute people with cogitative disabilities (Atkins v. Virginia), they did a tally of how many states allowed execution in these cases vs did not but deliberately omitted how many states do not allow ANY executions. Then concluded that slightly more states allow executions of the mentally unfit than don't even though it was absolutely incontestable fact that the vast majority of states did not allow this kind of execution.

Ignore that the ruling technically banned those executions... because it factually didn't, since it left it up to states to define cognitive disability however they pleased and the behavior of the kill-happy states was not affected by the ruling.

[–] [email protected] 36 points 8 months ago (2 children)

When I was really sick and needed regular blood tests, I'd have some nurses take at least a half-dozen stabs at me before getting a usable vein. We're talking both arms and then moving to the top of the hand.

It happens. I wouldn't call it cruel or a form of punishment, as they weren't purposely trying to make my life miserable.

It's mildly annoying as the patient, and I'm sure a little embarrassing for the person with the needle.

[–] [email protected] 13 points 8 months ago (11 children)

Did you know it was going to kill you if it worked? Because that would be the cruel part. Imagine knowing, for days, maybe even months after your last appeal that you were going to die. You know the exact date and time. You know nothing you can do will stop it.

How is that not cruel?

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[–] [email protected] 12 points 8 months ago (1 children)

Reasons aside, they were killing this man. Sounds pretty cruel when you add that little caveat.

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[–] [email protected] 19 points 8 months ago

"I can't define it, but I know it when i see it."

Follow up ruling:

"I cant see it."

[–] [email protected] 36 points 8 months ago (3 children)

Couldn't find anyone who knew what they were doing, huh? Not many medical professionals out there that want to be involved in murdering people.

[–] [email protected] 17 points 8 months ago

I suspect that you don't want the people willing to do this actually to do this.

[–] [email protected] 6 points 8 months ago

Doctors will not perform lethal injection. It goes against the Hippocratic Oath:"First do no harm"

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[–] [email protected] 26 points 8 months ago* (last edited 8 months ago) (9 children)

Im not a fan of the death penalty, but how the fuck do you mess up injecting someone.

[–] [email protected] 37 points 8 months ago (1 children)

More than likely it's not being performed by anyone with any real medical training.

I work in healthcare, I don't know anyone in my field who would think executions are something they would be willing to apply their skills towards.

[–] [email protected] 4 points 8 months ago (1 children)

I bet some phlebotomists could be convinced.

[–] [email protected] 4 points 8 months ago (1 children)

Yeah, but they're typically only trained to take blood. You wouldn't want one trying to insert an IV on ya or anything.

[–] [email protected] 4 points 8 months ago* (last edited 8 months ago) (1 children)

Better than someone with no "real medical training."

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[–] [email protected] 27 points 8 months ago (1 children)

Doctors, by oath, cannot conduct lethal injections or assist in any executions. What this means is that these jobs are usually passed onto people with no medical background (because if you had a medical background, why the fuck would you be working for the justice system?). Could you find the proper vein to insert a LI line into? I couldn't.

[–] [email protected] 14 points 8 months ago

Some prisons do employ doctors. But they're generally just treating prisoners, not helping with this kind of thing.

However it has been revealed at times that there's been at least a handful of physicians who have helped with lethal injections. To be clear, every code of ethics, medical board, and every professional physician organization roundly condemns any participation in these. Some states like Georgia have specifically made laws preventing medical boards in their state from disciplining physicians who do so if it's found out (as any medical board likely would try to do).

Often it is passed to people with no medial experience as you said, but there have been at least a handful of healthcare workers who have participated in them at times. How widespread it is isn't super clear, as anyone involved for the most part has tried to keep it secret, and the prison system has no desire to reveal this either.

And I think it's incredibly damaging to society and trust with health care workers as a whole to have these death penalty states trying to involve health care workers in this, even if only a tiny handful have actually done so. If they're really intent on continuing this barbaric practice just make it a firing squad, leave medical workers out of it. I'd personally favor just getting rid of the death penalty altogether. Not worth it for so many reasons.

https://deathpenaltyinfo.org/stories/lethal-injection-and-physicians-state-law-vs-medical-ethics

[–] [email protected] 12 points 8 months ago

There are plenty of reasons that your veins may not be suitable, and it can be as simple as dehydration.

[–] [email protected] 12 points 8 months ago (2 children)

It can really tricky to locate a vein on some people, especially if they are dehydrated (and this inmate might know this). A competent person with medical training and experience can always find a vein, but I would conjecture the prison system hires barely qualified folks for this job.

[–] [email protected] 6 points 8 months ago (1 children)

Are medical doctors actually allowed to be prison executioners?

[–] [email protected] 7 points 8 months ago

I think it violates their code of ethics and they might lose their license. I guess the prison could hire a doctor or nurse who already lost their license for other reasons.

Whole thing is a shit show.

[–] [email protected] 4 points 8 months ago

As someone who's been stuck several times before the person with medical training taps in the next person, who also needs several tries, it is not my experience that you can always find a vein (unless I'm just really unlucky and the hospital employs a lot of incompetent people). Sometimes a nurse can get blood out on the first try, but sometimes they're sticking both arms and moving onto my hands and I end up with two arms covered in bruises the next day. Sometimes they go get a pediatric needle and that helps. Last time, we called in the "IV Team" who used an ultrasound to place my IV. Some of us just have difficult veins.

[–] [email protected] 11 points 8 months ago

Went to the ER one time with severe sinus pain. Nurses spent 30 minutes trying to insert an iv. They used an ultrasound machine and everything. I was so fucking miserable, my mom begged them to just stop. All I needed was some steroids and to go home. I was probably dehydrated from being there, and I'm hard to stick anyway.

[–] [email protected] 11 points 8 months ago* (last edited 8 months ago)

They don't give these people any training. Sticking someone, especially if they have scarred veins or are dehydrated, is difficult. Doubly so if you have no idea what the fuck you're doing

[–] [email protected] 10 points 8 months ago

Well, the type of drugs used for lethal injections can't be done like vaccines and the technique needs a level of skill to actually get the vein. They obviously chose someone who was unskilled.

[–] [email protected] 6 points 8 months ago

Poor health and maybe even dehydration of the prisoner to be executed can make veins inaccessible. It took a considerable number of sticks to get my IV in for a colonoscopy because the preparation left me dehydrated.

[–] [email protected] 5 points 8 months ago

how the fuck do you mess up injecting someone.

It does happen (I mean, not even talking about lethal injection). People do miss veins.

Eight times seems kind of overkill, though.

[–] [email protected] 16 points 8 months ago (2 children)

Can you imagine the strain on a person to come to terms with facing your final moments and an execution. Then the trauma of being strapped to a table facing certain death, then having to go through 8 failed attempts to kill you. Then go back to a cell and come to terms with facing the ordeal all over again. America is fucked up.

[–] [email protected] 9 points 8 months ago (2 children)

I'm not saying that it was on purpose, but either way it's a mock execution. What happened to just shooting people? That seems like a pretty solid solution.

[–] [email protected] 3 points 8 months ago

Also cheaper too.

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[–] [email protected] 3 points 8 months ago (1 children)

Pumping the cell with carbon dioxide without the prisoner knowing when it was happening. They'd go to sleep (or stay asleep) and never wake up. Painless stress free death.

But you know "gas chambers" bad

[–] [email protected] 4 points 8 months ago

Pumping the cell with carbon dioxide

I think you mean "monoxide".

Breathing in carbon dioxide is nasty.

Shake a soda bottle when it's somewhat empty and then open it and take a breathe.

It's definitely something you'd notice, and most certainly not painless or stress free.

Euthanasia chambers use just nitrogen. The air is already 80% nitrogen, so breathing it is completely unnoticeable, you'll just become hypoxic with the lack of oxygen.

But euthanasia is quite different from killing someone. Wanting to sleep off vs being forced to die, essentially.

Capital punishment is rather archaic.

[–] [email protected] 10 points 8 months ago (3 children)

Did they gets some rando off the street to insert the IV needle? That's shit even every nurse can do.

[–] [email protected] 8 points 8 months ago (2 children)

You'd be surprised, some people's veins are what a phlebotomist would call "rolly" and move when they attempt to insert the needle. someone else can probably explain better than me.

[–] [email protected] 5 points 8 months ago

I'm a phlebotomist and this is correct, there's also many other factors that can result in missing a vein, dehydration being the biggest factor and even just the size of the vein.

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[–] [email protected] 5 points 8 months ago

Essentially.

Medical ethics prevent actual medical professionals from participating in executions. So they make random prison employees do it. So it's often botched.

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