Capital punishment in the US needs to be debated on its own merits and may
eventually go the way of Canada. Until then, a humane society needs to
choose the most humane method of employing itGunshot, not Lethal
Injections, Is Most Humane
------------------------------

By Michael Fumento
<http://canadafreepress.com/members/1/MichaelFumento/74> *May
3, 2017*

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Lethal injection executions, back in the news, just aren’t working. For a
variety of reasons. While they are bloodless (so is strangulation,
starvation, and being broken on the wheel), it appears they often are not
painless. They most certainly are not quick, sometimes taking hours. They
arguably violate the Hippocratic Oath in having a doctor perform them, yet
you hardly want an amateur to perform them. And drug companies don’t want
their products associated with causing death. Go figure!

So that’s it, right? The U.S. is out of tricks. (Canada abolished the death
penalty long ago.) Or so capital punishment opponents would like us to
think, as a backdoor means of ending the entire institution in the U.S. But
while there may be serious moral grounds for ending executions to consider,
it’s not logical to ban it strictly on grounds that there’s no form that’s
totally painless, bloodless, and quick. Presumably the victims of the
perpetrators did not die in such a manner.

Still, executions in an advanced society should be as humane as possible.
And there is a method that incredibly is allowed by only two
states—precisely because it’s the most humane.

It’s death by gunshot. And its virtues drive capital punishment opponents
nuts.

“Reinstatement of executions by firing squad would constitute an
embarrassing step backward,” National Association of Criminal Defense
Lawyers, President Theodore Simon said two years ago.
<https://www.nacdl.org/NewsReleases.aspx?id=36656> “It’s inconsistent with
the ‘evolving standards of decency that mark the progress of a maturing
society,’ he said, and violates the 8th Amendment prohibition of cruel and
unusual punishment.

Curious he doesn’t even seem to know that in 1878 the Supreme Court ruled
<http://caselaw.findlaw.com/us-supreme-court/99/130.html> firing squads did
not violate the 8th Amendment. The rest is just sophistry. If you have to
die violently, death by gunshot is the way to go. And yet the traditional
firing squad can be improved upon.

When a firing squad execution goes wrong it’s inherently due to movement on
either or both sides. Either the prisoner moves or the shooters, from lack
of skill or nervousness, miss the mark. To reduce this you can have more
shooters, but it’s still not foolproof.

The better method comprises strapping the subject into a chair too tightly
to even wiggle while a SINGLE weapon is also locked in on the heart using a
rifle rest. Neither target nor firearm can move. Probably the ideal weapon
would be the M-82A1 sniper rifle <https://barrett.net/firearms/model82a1>,
using.50 caliber BMG
<http://www.cip-bobp.org/homologation/uploads/tdcc/tab-i/50-browning-en.pdf>
ammunition. That means it’s a half inch wide.

When I saw that rifle in Iraq I was told it was primarily for destroying
the engine block of a rushing vehicle suspected of carrying explosives. The
round would thoroughly rupture the heart, with presumably a split second of
pain and instant unconsciousness
<https://fivethirtyeight.com/features/is-the-firing-squad-more-humane-than-lethal-injection/>
followed
quickly by brain death
<http://archives.chicagotribune.com/1938/11/01/page/8/article/slayers-heart-triples-beat-as-he-faces-death#text>
from lack of oxygen.

Yes, there’s some blood. Which nobody need see but the shooter (and even
the shooting can be triggered remotely) and those who handle the body.
(Hanging, conversely, produces no blood—unless the subject is weighted too
heavily in which case the head pops off. Not enough and the subject
strangles. Terrific.)

Which would subjects prefer? It’s not academic to them. The last two men
executed in the U.S. had a choice between hanging and firing squad, Gary
Gilmore and Ronnie Garner. Both chose gunshot. As Garner explained
<http://www.deseretnews.com/article/470713/INMATE-THREATENS-TO-SUE-IF-STATE-WONT-LET-HIM-DIE-BY-FIRING-SQUAD.html>,
“It’s so much easier…and there’s no mistakes.”
SUPPORT FROM THE HIGH COURT

In February, the Supreme Court rejected an appeal
<https://www.supremecourt.gov/opinions/16pdf/16-602_n758.pdf> from an
Alabama prisoner who argued that lethal injection violated the
Constitutional prohibition against cruel and unusual punishment; like
Gilmore and Garner he wanted a firing squad. The court had to reject that,
because Alabama isn’t one of those two states that allows it. But Justice
Sonia Sotomayor, in a furious and lengthy dissent
<https://www.supremecourt.gov/opinions/16pdf/16-602_n758.pdf>, made the
case for gunshots. “In addition to being near instant, death by shooting
may also be comparatively painless,” she wrote. “Condemned prisoners . . .
might find more dignity in an instantaneous death rather than prolonged
torture on a medical gurney.”

 She also expressed in, well, rather graphic detail the horrors not just of
botched executions with the other forms of capital punishment used in the
United States but indeed those that proceed *normally*, such as the
electric chair and the gas chamber. And she cited the data on botched
executions. There have only been 134 by firing squad since 1870, according
to one source
<https://fivethirtyeight.com/features/is-the-firing-squad-more-humane-than-lethal-injection/>,
but the number botched appears to be zero.

Locking in both prisoner and weapon would ensure zero.

Yet curiously, only Utah and Oklahoma
<http://www.sltrib.com/news/2324630-155/utah-governor-signs-55-bills-into>
even allow death by firing squad and then only as a back-up to lethal
injection. They’ll get this more humane form only over the dead bodies of
capital punishment foes, who quite literally see agonizing deaths as
serving their purpose. Gilmore had to fight off
<http://www.biography.com/people/gary-gilmore-11730320> the ACLU and the
National Association of Colored People get his preferred method of
execution. He twice attempted suicide during the drawn-out process. Now
*that’s* cruel and unusual.

Capital punishment in the US needs to be debated on its own merits and may
eventually go the way of Canada. Until then, a humane society needs to
choose the most humane method of employing it.

http://tinyurl.com/kl46lbc




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