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HOW WE KILL: by Justice Sotomayor [Updated 2020]
Lawrence Koplow • August 20, 2018
The Degree of Civilization
If, as Dostoevsky said, the degree of civilization in a society can be judged by entering its prisons, then scrutinizing how we put someone to death must be just as revealing. Especially in the cases where you believe the person deserves to die.
The manner of how we deal with the people who do the most harm reveals the values we truly hold. Not just the values we claim to hold. Not just the ones we put on bumper stickers.
Billy Ray Irick committed one of the most vile crimes possible. He murdered and raped a child.
Seeking a Stay
When you hear Mr. Irick sought a stay of his execution your first reaction probability was this was just a frivoulis attempt, by a deperate man, to save himself. It probably was. However, it also raised an important issue worthy of our discussion…despite the heineous crimes committ by Mr. Irick.
On August 9, 2018, in Billy Ray Irick v. Tennessee a denial of his stay was published. In her dissent, Justice Stomayor was a significant voice in this important discussion.
How to Kill?
Unlike many death penalty challenges this particular issues not about guilt or innocence. This challenge was about how to kill a man. Who committed am almost unthinkable crime.
The State of Tennessee intended to execute Mr. Irick’s death sentence. The legal issue raised concerned the constitutionality of procedure the government sought to use in putting him to death. He claimed the process was “excruciating torture.”
Prior to the court’s ruling, there was related 10-day trial in the state court addressing the factual claims about the drugs to be used on Mr. Irick. There medical experts explained in detail how the three-drug cocktail Tennessee planned to inject into Irick’s veins would cause him to experience the sensations of drowning, suffocating, and being burned alive from the inside out.
Despite this evidence Mr. Irick’s request for a stay was denied.
"I Dissent"
Justice Sotomayer dissented. Her written dissent exemplifies the values that Dotoyeski claimed made use civilized.
- “If it turns out upon more sober appellate review that this case presents the question, I would grant certiorari to decide the important question whether the Constitution truly tolerates executions carried out by such quite possibly torturous means.”
- “I cannot in good conscience join in this ‘ rush to execute ’ without first seeking every assurance that our precedent permits such a result.”
- “If the law permits this execution to go forward in spite of the horrific final minutes that Irick may well experience, then we have stopped being a civilized nation and accepted barbarism . I dissent.”
What Kind of Society Are We?
Are we truly civilized? These are not easy questions to answer. I do not pretent to have the right answers.
What I know is …after the denial of his stay Mr. Irick was put to death by lethal injection. I assume the chemicals worked as they were intended. I assume Mr. Irick suffered as the experts told us he would.
What I ask you … what are our values? What should our bumper stickers say?
Lawrence Koplow is an attorney in Phoenix, Arizona. His practice focuses on the defense of DUI and Vehicular Crimes. He is also a published author concerning these areas of the law and a proud graduate of the University of Texas at Austin.
Follow Lawrence on Twitter (@lawkop)
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