Secret Drugs, Agonizing Deaths
By MEGAN McCRACKEN and JENNIFER MORENO, NYT, APRIL 13, 2014
BERKELEY, Calif. — FACING a critical shortage of lethal injection drugs, prison officials in a number of states have recently engaged in an unseemly scramble to obtain new execution drugs, often from unreliable and even illegal sources. Not only does this trend raise serious questions about the constitutionality of executions, it also undermines the foundations of our democratic process. In the name of security, states are now withholding vital information about their death penalty procedures — from death row prisoners’ lawyers and from judges, whose stamp of approval they need to impose the ultimate sanction, as well as from the public, in whose name the sentence is carried out.
States have long shielded the identities of executioners, a reasonable policy that should not interfere with judicial review of execution procedures. But in the past year, Georgia, Missouri, Tennessee and other states have expanded the reach of their secrecy laws to include not just the execution drugs used, but even the pharmacies that supply them.
These laws hide the information necessary to determine if the drugs will work as intended and cause death in a humane manner. For states to conceal how they obtain the execution drugs, whether those purchases comply with the law and whether the drugs themselves are legitimate prevents courts from analyzing the legality and constitutionality of death penalty procedures. And that deprives the public of informed debate.
For more than 30 years, every state carrying out executions by lethal injection used the anesthetic thiopental, in combination with other drugs. In 2011, the American pharmaceutical firm Hospira stopped making thiopental. Departments of corrections at first responded by importing it from abroad, but the federal courts ruled that the Food and Drug Administration was prohibited from allowing in the unapproved drugs.
(More here.)
BERKELEY, Calif. — FACING a critical shortage of lethal injection drugs, prison officials in a number of states have recently engaged in an unseemly scramble to obtain new execution drugs, often from unreliable and even illegal sources. Not only does this trend raise serious questions about the constitutionality of executions, it also undermines the foundations of our democratic process. In the name of security, states are now withholding vital information about their death penalty procedures — from death row prisoners’ lawyers and from judges, whose stamp of approval they need to impose the ultimate sanction, as well as from the public, in whose name the sentence is carried out.
States have long shielded the identities of executioners, a reasonable policy that should not interfere with judicial review of execution procedures. But in the past year, Georgia, Missouri, Tennessee and other states have expanded the reach of their secrecy laws to include not just the execution drugs used, but even the pharmacies that supply them.
These laws hide the information necessary to determine if the drugs will work as intended and cause death in a humane manner. For states to conceal how they obtain the execution drugs, whether those purchases comply with the law and whether the drugs themselves are legitimate prevents courts from analyzing the legality and constitutionality of death penalty procedures. And that deprives the public of informed debate.
For more than 30 years, every state carrying out executions by lethal injection used the anesthetic thiopental, in combination with other drugs. In 2011, the American pharmaceutical firm Hospira stopped making thiopental. Departments of corrections at first responded by importing it from abroad, but the federal courts ruled that the Food and Drug Administration was prohibited from allowing in the unapproved drugs.
(More here.)
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