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Lethal injection. |
Lethal
injection is now virtually the universal method of execution in the
Lethal
injection was first considered as a means of execution in 1888 when
The
British Royal Commission on Capital Punishment (1948-1953) also examined lethal
injection but decided against it, partly due to pressure from the BMA, who were
concerned about the ethics of doctors participating in executions.
A three
drug lethal injection protocol was proposed by Oklahoma Chief Medical Examiner
Jay Chapman in 1977. This was approved
by Dr. Stanley Deutsch, who at the time chaired the Anaesthesiology Department
of Oklahoma University Medical School and passed into law, replacing the state’s
electric chair which was derelict. Deutsch described a way to administer drugs
through an intravenous drip so as to cause death rapidly and without pain.
"Having been anaesthetised on several occasions with ultra short-acting
barbiturates and having administered these drugs for approximately 20 years, I
can assure you that this is a rapid, pleasant way of producing
unconsciousness," Deutsch wrote in February 1977.
Oklahoma
thus became the first to legislate for it in 1977. Texas introduced similar
legislation later in the same year to replace their electric chair and carried
out the first execution by this method on December 7th, 1982 when Charles
Brooks was put to death for the murder of second-hand car salesman, David
Gregory, in Huntsville, Texas in 1976. Brook's girlfriend, Vanessa Sapp,
witnessed the procedure which began at 12.07 a.m. He was certified dead at
12.16 a.m. There was no apparent problem and Brooks seemed to die quite easily.
At first he raised his head, clenched his fist and seemed to yawn or gasp
before passing into unconsciousness.
Thirty
five American states now use lethal injection either as their sole method or as
an option to one of the traditional methods. These being Alabama, Arizona, Arkansas,
California, Colorado, Connecticut, Delaware, Florida, Idaho, Illinois, Indiana,
Kansas, Kentucky, Louisiana, Maryland, Mississippi, Missouri, Montana,
Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Ohio,
Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas,
Utah, Virginia, Washington and Wyoming. Alabama offered lethal injection as an
option to electrocution from July 1st, 2002.
The
On
An
amendment to
During 2003,
US
Federal executions.
The
American Federal Bureau of Prisons has a $300,000 lethal injection facility at
the federal prison in Terre Haute, Indiana. The death house is located inside a
non-descript brick building outside the main penitentiary compound and consists
of 5 viewing rooms surrounding the execution chamber.
The chamber is a stark, hospital-like room lined with green tiles and bare
except for the large gurney equipped with 5 velcro restraints and a sink in one
corner. (see picture)
The intravenous tubes pass through a small opening in the wall and into the
executioner's room nearby. All but one room, the executioner's, are equipped
with large two-way windows with curtains. The executioner's room is fitted with
one-way glass. During an execution, prison officials will maintain an open
telephone line to the Justice Department in Washington. The President has sole
authority to grant a last minute clemency. Overhead, a camera linked to a
monitor inside the executioner's room, will watch the process to note whether
the prisoner suffers any pain during the procedure.
On the 11th of June 2001, Timothy McVeigh, (see picture) the
A prisoner found guilty after 1994 of a federal capital crime (of which there
are now over 60), in states that do not allow for lethal injection as a method
of execution, cannot legally be executed in Terre Haute. For those prisoners,
the federal government will "contract out" the executions and they
will use that state's normal method.
The
American military has also moved to lethal injection (from hanging) and now has
a facility in the basement of the military prison at Ft. Leavenworth, Kansas
which is currently housing 6 or 7 inmates.
Typical
American execution procedure.
Lethal
injection protocols vary from state to state.
Typically, the prisoner is strapped to a gurney (which is a wheeled hospital
style trolley bed) or a fixed execution table, rather like an operating theatre
table by leather or webbing straps over the body and legs. Click here for picture
of the
Their bare arms are strapped to boards projecting from the sides of the gurney.
Trained technicians then insert a 14 gauge catheter (the largest commercially
available needle) into a vein in each arm, a process that sounds much simpler
than it often is. Once the catheters are in place, they are flushed with 10ml
of a Heperin solution, to prevent clots forming inside the catheter, then a
1,000 ml bag of saline solution is connected to the catheter ends and the
prisoner is either wheeled into the execution chamber or the curtains
surrounding it are drawn back to allow the witnesses to see the procedure. When
the condemned person has made any final statement, the prison warden gives the
signal for the execution to begin and the technician(s), hidden from view
behind a two-way mirror, begins to manually inject the three chemicals
comprising typically of 15-50 cc of Sodium thiopental, 15-50 cc of Pavulon (the
generic name for Pancuronium bromide) and 15-50 cc of Potassium chloride. There
is a short interval between each chemical during which the saline solution
continues to flow in the IV line to prevent any chemical reaction which could
block it. Typically, the actual injections will take from 3 to 5 minutes to
complete.
All the
chemicals used in America are standard medical drugs. Sodium thiopental is a
short acting barbiturate which is used widely as an anaesthetic and causes
unconsciousness very quickly if injected into a vein. Pavulon is a muscle
relaxant that paralyses the diaphragm and thus arrests breathing whilst
Potassium chloride finishes the job by causing cardiac arrest. It is used in
cardiac surgery to stop the heart.
In most cases, the prisoner is unconscious about a minute after the Sodium
thiopental has been injected and is dead in around 8 minutes, with no obvious
signs of physical suffering. Since October 2003, concerns have surfaced in
American appeal courts about the use of Pancuronium bromide, which due to its
paralysing effects, could mask a prisoner’s suffering if they have not been
rendered fully unconscious by the initial injection of Sodium thiopental. The execution of Angel
Nieves Diaz in Florida on the 13th of December 2006 was badly botched as the
needle was found to have gone through his vein causing the chemicals to go into
his arm muscles and taking him 34 minutes to die. A second injection had to be given to kill
him and chemical burns were observed on his arm by the medical examiner
afterwards. State Governor Jeb Bush has
suspended further executions in Florida and lethal injection executions are
also suspended in California and Missouri with legal challenges being mounted
in several other states against their lethal injection protocols. In the state
of Kentucky, condemned prisoner Ralph Baze, successfully appealed against the
use of lethal injection on the grounds that it was a “cruel and unusual
punishment” which is therefore unconstitutional under the 8th Amendment. His case is due to be heard by the Supreme
Court on January 7th 2008. As a result
of the earlier ruling there have been no executions in the
In some
states, a fully automated lethal injection machine is used that runs off a
12-volt battery. It injects the chemicals in the right order and amount once
the catheters are in place. This considerably assists matters and avoids the
problems of mixing of the chemicals, which can lead to a reaction causing
precipitation, which makes them impossible to inject.
The machine has 6 syringes activated by mechanical plungers. Three syringes
hold the lethal drugs, the other 3 contain harmless saline solution. Two
buttons control the machine, one for the lethal syringes and one for the
identical looking harmless ones.
The two executioners each press a button, and the syringes release the drugs
into the IV line.
Multiple
executions.
In
Arkansas in 1994, prison officials citing the disruptive impact of executions
on staff and other prisoners and the high cost of "rehearsal time"
and overtime pay, took steps to reduce both problems by conducting multiple
executions. They carried out two unrelated executions on the night of May the
11th and a further 3 on August the 3rd of that year with 45 minutes interval
between them, so that the chamber could be cleared between each prisoner and to
allow prison officials time to replace needles and tubes used to administer the
injection. The sheet on the gurney was also changed between executions.
Texas has
also carried out multiple executions. On the 30th of January 1995, in that
state's first multiple execution in 44 years, 33 year old Clifton Russell was
put to death just after midnight and Willie Williams, 38, was injected about an
hour and a half later. Texas carried out a further double injection in 1997.
(Dorsie Johnson-Bey and Davis Losada on the 5th of June)
Is
lethal injection the humane alternative?
Execution
by lethal injection takes much longer from start to finish than any other
method, typically 30-45 minutes depending on the execution protocol and ease or
otherwise of locating a vein. In the U.K., a hanging took around 15 seconds to
carry out in the later part of the 20th century. For the majority of this time,
the condemned person is fully aware of what is happening to them and able to
experience their execution. They know that they will be dead at the end of it
and the fear of suffering (particularly in front of an audience) and of the
unknown, is strong in most of us. It is difficult to see, therefore, how it can
be considered more humane, as the prisoner is subjected to far more mental
anguish over a longer period.
It is fair to say that injection is much less dramatic than the electric chair
or hanging and probably easier for the staff and witnesses as it looks more
like a surgical procedure than an execution. But does it cause the prisoner
less suffering overall?
When all goes well, the only physical pain is the insertion of the catheters.
If the person's veins are easy to find, this can be done in a minute or so. The
catheters are connected to the saline drip and the prisoner is wheeled into the
execution chamber where they are in full view of the witnesses and journalists.
After they have made their final statement, the injection of the lethal
chemicals can begin and they may pass almost instantly from full consciousness
into unconsciousness or they may feel themselves becoming drowsy and know that
they are beginning to die.
In modern hanging, they are alive one second and unconscious the next (if
everything goes to plan). It is unlikely that they feel themselves slipping
into death.
Not
everyone is of the opinion that death by lethal injection is painless - Dr.
Edward Brunner, chairman of the Department of Anaesthesia at North-Western
University Medical School, submitted an affidavit on behalf of death row
inmates in Illinois in which he states that lethal injection, "create[s]
the substantial risk that prisoners will suffocate or suffer excruciating pain
during the three chemical injections but will be prevented by the paralytic
agent from communicating their distress." It is notable also that Albert
Pierrepoint, who was one of Britain's most prolific hangmen and who witnessed
an early lethal injection execution, considered that the process was
"sadistic," mainly due to the length of time it took to render the
prisoner unconscious.
In March
2008 America is waiting for a decision by the Supreme Court in the case of Baze
v Rees which is to decide if the present lethal injection protocol in Kentucky
violates the 8th Amendment that bans “cruel and unusual” punishment. There have been no executions in the USA
since September 2007 as a result of this case.
Kentucky’s protocol uses the same three drug cocktail that the other
states use and has only carried out one execution by injection, which appeared
to run smoothly, that of Eddie Harper in May 1999.
The
problems with injection.
One
of the main problems with lethal injection is the aqueous pressure in the executee's
veins. Veins have an internal pressure (blood pressure) which has to be
overcome to allow injection into them. A doctor, when giving a normal
intravenous (IV) injection, has to equal and then slightly exceed this
pressure. If he produces a pressure that is too great, he will rupture the
vein. The doctor accomplishes this through his training, fingertip dexterity
and experience built up from giving repeated injections. He feels the pressure
in the vein against the top of the plunger of the syringe. In the case of a
lethal injection, the volume of the fluid required to fill the plumbing of the
IV tubes running between the executioner's cubicle and the prisoner, means that
the syringes must be of 50-60 cc capacity. Syringes of this size are too big to
give any real feel to the person administering the injection. Thus, too much
pressure can easily be applied and a rupture of the vein may occur. This can
happen in the case of giving a non-lethal injection into the good healthy veins
in a normal person.
It is not unusual for the condemned prisoner to be a former intravenous drug
abuser, with delicate, collapsed veins that can stand far less overpressure.
This is also true of people who are insulin injecting diabetics. When a person
with normal veins is frightened, their veins contract and become hard to find.
Before insertion of the catheters, a good vein must be located. It is not
unusual for a "cut-down operation" to have to be performed to find a
usable (not necessarily suitable) vein. This entails a minor surgical procedure
on the arm, leg or groin carried out under local anaesthetic, using a
subcutaneously injected dose of Xylocaine or similar local anaesthetic,
administered by a medical technician. The public are seldom made aware of this
and the witnesses would not typically see any evidence of it during the
execution.
To
produce a quick and painless death it is vital that the chemicals are injected
into a vein, rather than an artery. Veins carry blood to the heart and arteries
away from the heart. The path of the chemicals (particularly the potassium
chloride) should be via the quickest route to the heart so as not to prolong
the execution. If an artery is used by mistake, instead of a vein, the blood
carrying the chemicals has to go the "long way round" significantly
increasing the time taken to stop the heart. The distinction between a vein and
an artery is not an easy one to make. Even a doctor can make a mistake! It is
clear from reading reports of executions that the time between commencing the injection
and certifying death varies a great deal.
Problematic
injections.
As
with the introduction of any new method, lethal injection has not been without
some seriously botched executions, some of which are examined below. It is
clearly, by no means a foolproof method, but perhaps the learning curve has now
been surmounted as reports of problems seem to have greatly reduced.
March
14th, 1984 James Autrey. Texas.
Autrey
took at least 10 minutes to die after the chemicals began to be injected.
Throughout much of those 10 minutes, he was fully conscious and complained of
pain. This was caused by the catheters clogging so delaying the transmission of
the chemicals. It is also probable that the needle either did not enter the
vein or passed through it. When the lethal chemicals enter the muscles instead,
they cause considerable pain.
March
13th, 1985. Stephen Peter Morin. Texas.
Technicians
had to probe both arms and legs with needles for 45 minutes before they found
the vein.
August
20th, 1986 Randy Woolls. Texas.
A
drug addict, Woolls, had to help the execution technicians find a good vein for
the execution.
June
24th, 1987 Elliot Johnson. Texas.
It
took 35 minutes to insert the catheter into his vein.
December
13th, 1988 Raymond Landry. Texas.
Pronounced
dead 40 minutes after being strapped to the execution gurney and 24 minutes
after the drugs first started flowing into his arms. Two minutes into the
execution, the catheter came out of Landry's vein, spraying the chemicals
across the room towards witnesses. The execution team had to reinsert the
catheter into the vein. The curtain was closed for 14 minutes so witnesses
could not observe the intermission.
May
24th, 1989. Stephen McCoy. Texas.
McCoy
had such a violent physical reaction to the drugs (heaving chest, gasping,
choking, etc.) that one of the witnesses (male) fainted, crashing into and
knocking over another witness. The Texas Attorney General admitted the inmate
"seemed to have somewhat stronger reaction," adding, "The drugs
might have been administered in a heavier dose or more rapidly."
September
12th, 1990. Charles Walker. Illinois.
According
to Dr. Edward A. Brunner, over 5 minutes after the activation of Illinois's
lethal injection machine and more than two minutes after the plungers had injected
the chemicals, Walker’s heart had not stopped, the Illinois Department of
Corrections officials ordered the viewing blinds closed. The witnesses were not
aware that Walker had not died and were not told that there was a problem.
Without removing Walker from the equipment, officials inspected the equipment
and discovered a kink in the intravenous line. They straightened out the line,
and a short time later Walker's heart stopped.
January
24th, 1992. Rickey Ray Rector. Arkansas.
It
took medical staff more than 50 minutes to find a suitable vein in Rector's
arm. Witnesses were not permitted to view this scene but reported hearing
Rector's loud moans throughout the process. During the ordeal, Rector tried to
help the medical personnel find a vein. Attendants were about to prepare a
"cut-down," when a vein in his right hand was finally discovered - an
hour after the procedure began. The administrator of the Arkansas Department of
Corrections medical programs said (paraphrased by a newspaper reporter),
"the moans did come as a team of two medical people that had grown to 5
worked on both sides of his body to find a vein."
March
10th, 1992. Robyn Lee Parks. Oklahoma.
Parks
had a violent reaction to the drugs. Two minutes after the drugs were
administered, the muscles in his jaws, neck, and abdomen began to react
spasmodically for approximately 45 seconds. Parks continued to gasp and
violently gag. Death came 11 minutes after the drugs were administered. Wayne
Greene a reporter on the Tulsa World newspaper described Park's
execution as looking "scary and ugly."
April
23rd, 1992. Billy Wayne White. Texas.
It
took 47 minutes for the prison staff to find a suitable vein, and White
eventually had to help them.
May
7th, 1992. Justin Lee May. Texas.
May
had an unusually violent reaction to the lethal drugs. According to Robert
Wernsman, a reporter for the Huntsville newspaper, The Item, May gasped,
coughed and reared against his heavy leather restraints, coughing once again
before his body froze. Associated Press reporter Michael Graczyk wrote,
"He went into a coughing spasm, groaned and gasped, lifted his head from
the death chamber gurney and would have arched his back if he had not been
belted down. After he stopped breathing, his eyes and mouth remained open."
May
10th, 1994. John Wayne Gacy. Illinois.
John
Wayne Gacy, who had tortured and murdered 33 young men and boys during the
1970’s, was executed by lethal injection at the Stateville penitentiary in
Joliet, Illinois.
After the injection began, one of the 3 lethal drugs clogged the tube leading
into Gacy's arm, and therefore stopped flowing. Blinds covering the window
through which witnesses observed the execution were then drawn. The clogged
tube was replaced with a new one, the blinds were opened and the execution
process resumed. Gacy actually took 18 minutes to die. Anaesthesiologists
blamed the problem on the inexperience of prison officials who were conducting
the execution, saying that proper procedures taught in IV 101 would have
prevented the error.
May
3rd, 1995. Emmitt Foster. Missouri.
Foster
was not pronounced dead until 30 minutes after the flow of chemicals began into
his arms. After 7 minutes, the blinds were closed to prohibit the witnesses
from viewing the scene. They were not
reopened until 3 minutes after death pronounced. According to the coroner who
pronounced death, the problem was caused by the tightness of the leather straps
that bound Foster to the execution gurney.
It was so tight that the flow of chemicals into the veins was restricted.
It was several minutes after a prison worker finally loosened the strap that
death was pronounced. The coroner entered the death chamber 20 minutes after
the execution began, noticed the problem, and told the officials to loosen the
strap so then the execution could proceed.
May
3rd, 2000. Christina Marie Riggs, Arkansas.
Christina
Marie Riggs was the first woman to be executed in the state of Arkansas. The
execution began 18 minutes late because of the difficulty in finding a suitable
vein to insert the catheters into. She agreed to have the catheters placed in
veins in her wrists. It is not unusual for the prisoner to have help staff in
this way.
December
13th, 2006. Angel Nieves Diaz, Florida.
Diaz
took 34 minutes to die and required a second injection when the needle went
through his vein rather than into it. His arms showed burn marks from the
chemicals.
Injections
on film.
Sharon
Stone's, "Last Dance," gives a good insight into what goes on as well
as examining many of the issues surrounding capital punishment in a balanced
and sensitive way.