baze
et
al
rees
commissioner
kentucky
department
corrections
et
argued
january
decided
april
lethal
injection
used
capital
punishment
federal
government
least
including
kentucky
use
combination
three
drugs
first
sodium
thiopental
induces
unconsciousness
given
specified
amounts
thereby
ensures
prisoner
experience
pain
associated
paralysis
cardiac
arrest
caused
second
third
drugs
pancuronium
bromide
potassium
chloride
among
things
kentucky
lethal
injection
protocol
reserves
qualified
personnel
least
one
year
professional
experience
responsibility
inserting
intravenous
iv
catheters
prisoner
leaving
others
mix
drugs
load
syringes
specifies
warden
deputy
warden
remain
execution
chamber
observe
prisoner
watch
iv
problems
execution
team
administers
drugs
another
room
mandates
determined
warden
deputy
prisoner
unconscious
within
seconds
sodium
thiopental
delivery
new
dose
given
secondary
injection
site
second
third
drugs
administered
petitioners
convicted
murderers
sentenced
death
kentucky
state
filed
suit
asserting
commonwealth
lethal
injection
protocol
violates
eighth
amendment
ban
cruel
unusual
punishments
state
trial
held
extensive
hearings
entered
detailed
factfindings
conclusions
law
ruling
minimal
risk
various
petitioners
claims
improper
administration
protocol
upholding
constitutional
kentucky
affirmed
holding
protocol
violate
eighth
amendment
create
substantial
risk
wanton
unnecessary
infliction
pain
torture
lingering
death
held
judgment
affirmed
affirmed
chief
justice
roberts
joined
justice
kennedy
justice
alito
concluded
kentucky
lethal
injection
protocol
satisfies
eighth
amendment
pp
constitute
cruel
unusual
punishment
execution
method
must
present
substantial
objectively
intolerable
risk
serious
harm
state
refusal
adopt
proffered
alternative
procedures
may
violate
eighth
amendment
alternative
procedure
feasible
readily
implemented
fact
significantly
reduces
substantial
risk
severe
pain
pp
upheld
capital
punishment
constitutional
see
gregg
georgia
risk
pain
inherent
even
humane
execution
method
prospect
error
following
required
procedure
constitution
demand
avoidance
risk
pain
petitioners
contend
eighth
amendment
prohibits
procedures
create
unnecessary
risk
pain
kentucky
urges
approve
test
used
pp
held
eighth
amendment
forbids
punishments
torture
others
line
unnecessary
cruelty
wilkerson
utah
disemboweling
beheading
quartering
dissecting
burning
alive
share
deliberate
infliction
pain
sake
pain
observing
also
unishments
cruel
involve
torture
lingering
death
something
inhuman
barbarous
mere
extinguishment
life
emphasized
electrocution
statute
upholding
passed
effort
devise
humane
method
reaching
result
kemmler
pp
although
conceding
execution
kentucky
procedures
humane
constitutional
performed
properly
petitioners
claim
significant
risk
procedures
properly
followed
particularly
sodium
thiopental
properly
administered
achieve
intended
effect
resulting
severe
pain
chemicals
administered
subjecting
individuals
substantial
risk
future
harm
cruel
unusual
punishment
conditions
presenting
risk
sure
likely
cause
serious
illness
needless
suffering
give
rise
sufficiently
imminent
dangers
helling
mckinney
prevail
claim
must
present
substantial
risk
serious
harm
objectively
intolerable
risk
harm
farmer
brennan
example
held
isolated
mishap
alone
violate
eighth
amendment
louisiana
ex
rel
francis
resweber
event
regrettable
suggest
cruelty
substantial
risk
serious
harm
pp
petitioners
primary
contention
risks
identified
eliminated
adopting
certain
alternative
procedures
allowing
condemned
prisoner
challenge
state
execution
method
merely
showing
slightly
marginally
safer
alternative
finds
support
cases
embroil
courts
ongoing
scientific
controversies
beyond
expertise
substantially
intrude
role
state
legislatures
implementing
execution
procedures
petitioners
proposed
unnecessary
risk
standard
rejected
favor
farmer
substantial
risk
serious
harm
test
effectively
address
substantial
risk
proffered
alternative
procedure
must
feasible
readily
implemented
fact
significantly
reduce
substantial
risk
severe
pain
state
refusal
adopt
alternative
face
documented
advantages
without
legitimate
penological
justification
current
execution
method
viewed
cruel
unusual
pp
petitioners
carried
burden
showing
risk
pain
maladministration
concededly
humane
lethal
injection
protocol
failure
adopt
untried
untested
alternatives
constitute
cruel
unusual
punishment
pp
uncontested
failing
proper
dose
sodium
thiopental
render
prisoner
unconscious
substantial
constitutionally
unacceptable
risk
suffocation
administration
pancuronium
bromide
pain
potassium
chloride
however
difficult
regard
practice
objectively
intolerable
fact
widely
tolerated
probative
conclusive
regard
consensus
among
federal
government
adopted
lethal
injection
specific
combination
kentucky
uses
pp
light
safeguards
kentucky
protocol
puts
place
risks
administering
inadequate
sodium
thiopental
dose
identified
petitioners
substantial
imminent
amount
eighth
amendment
violation
charge
kentucky
employs
untrained
personnel
unqualified
calculate
mix
adequate
dose
answered
state
trial
finding
substantiated
expert
testimony
minimal
risk
improper
mixing
manufacturers
thiopental
package
insert
instructions
followed
likewise
iv
line
problems
alleged
petitioners
establish
sufficiently
substantial
risk
iv
team
members
must
least
one
year
relevant
professional
experience
presence
warden
deputy
warden
execution
chamber
allows
watch
iv
problems
insufficient
dose
initially
administered
primary
iv
site
additional
dose
given
secondary
site
last
two
drugs
injected
pp
kentucky
failure
adopt
petitioners
proposed
alternatives
demonstrate
state
execution
procedure
cruel
unusual
kentucky
continued
use
protocol
viewed
posing
objectively
intolerable
risk
state
adopted
method
petitioners
proffered
study
showing
equally
effective
manner
imposing
death
sentence
petitioners
contend
kentucky
omit
pancuronium
bromide
serves
therapeutic
purpose
suppressing
muscle
movements
reveal
inadequate
administration
sodium
thiopental
state
trial
specifically
found
thiopental
serves
two
purposes
preventing
involuntary
convulsions
seizures
unconsciousness
thereby
preserving
procedure
dignity
hastening
death
petitioners
assert
protocol
used
routinely
veterinarians
putting
animals
sleep
bar
veterinarians
using
neuromuscular
paralytic
agent
like
pancuronium
bromide
arguments
overlook
legitimate
interest
providing
quick
certain
death
event
veterinary
practice
animals
appropriate
guide
humane
practices
humans
petitioners
charge
kentucky
protocol
lacks
systematic
mechanism
bispectral
index
monitor
blood
pressure
cuff
electrocardiogram
monitoring
prisoner
anesthetic
depth
expert
testimony
shows
proper
thiopental
obviates
concern
prisoner
sufficiently
sedated
proposed
alternatives
presents
concerns
pp
justice
stevens
concluded
instead
ending
controversy
case
generate
debate
constitutionality
protocol
specifically
justification
use
pancuronium
bromide
also
justification
death
penalty
wishing
decrease
risk
future
litigation
delay
executions
invalidate
protocol
well
reconsider
continued
use
pancuronium
bromide
moreover
although
experience
demonstrates
imposing
penalty
constitutes
pointless
needless
extinction
life
negligible
social
public
returns
conclusion
justify
refusal
respect
precedents
upholding
death
penalty
establishing
framework
evaluating
constitutionality
particular
execution
methods
petitioners
evidence
fails
prove
kentucky
protocol
violates
eighth
amendment
pp
justice
thomas
joined
justice
scalia
concluded
plurality
formulation
governing
standard
finds
support
original
understanding
cruel
unusual
punishments
clause
previous
cases
casts
constitutional
doubt
methods
execution
injects
matters
institutional
capacity
resolve
historical
practices
leading
clause
inclusion
bill
rights
views
early
commentators
constitution
cases
see
wilkerson
utah
demonstrate
execution
method
violates
eighth
amendment
deliberately
designed
inflict
pain
judged
standard
easy
case
undisputed
kentucky
adopted
lethal
injection
protocol
effort
make
capital
punishment
humane
add
elements
terror
pain
disgrace
death
penalty
petitioners
challenge
must
fail
pp
justice
breyer
concluded
found
either
record
readily
available
literature
sufficient
grounds
believe
kentucky
lethal
injection
method
creates
significant
risk
unnecessary
suffering
although
death
penalty
serious
risks
wrong
person
may
executed
unwarranted
animus
victims
race
example
may
play
role
convicted
find
death
row
many
years
penalty
lawfulness
petitioners
proof
evidence
giving
rise
legitimate
concern
show
kentucky
execution
method
amounts
cruel
unusual
punishmen
pp
roberts
announced
judgment
delivered
opinion
kennedy
alito
joined
alito
filed
concurring
opinion
stevens
filed
opinion
concurring
judgment
scalia
filed
opinion
concurring
judgment
thomas
joined
thomas
filed
opinion
concurring
judgment
scalia
joined
breyer
filed
opinion
concurring
judgment
ginsburg
filed
dissenting
opinion
souter
joined
ralph
baze
thomas
bowling
tioners
john
rees
commissioner
kentucky
department
corrections
et
al
writ
certiorari
kentucky
april
chief
justice
roberts
announced
judgment
delivered
opinion
justice
kennedy
justice
alito
join
like
federal
government
kentucky
chosen
impose
capital
punishment
certain
crimes
true
respect
federal
government
kentucky
altered
method
execution
time
humane
means
carrying
sentence
progress
led
use
lethal
injection
every
jurisdiction
imposes
death
penalty
petitioners
case
convicted
double
homicide
acknowledge
lethal
injection
procedure
applied
intended
result
humane
death
nevertheless
contend
lethal
injection
protocol
unconstitutional
eighth
amendment
ban
cruel
unusual
punishments
risk
protocol
terms
might
properly
followed
resulting
significant
pain
propose
alternative
protocol
one
concede
adopted
state
never
tried
trial
held
extensive
hearings
entered
detailed
findings
fact
conclusions
law
recognized
methods
legal
execution
satisfactory
oppose
death
penalty
moral
religious
societal
grounds
concluded
kentucky
procedure
complies
constitutional
requirements
cruel
unusual
punishment
app
state
affirmed
agree
petitioners
carried
burden
showing
risk
pain
maladministration
concededly
humane
lethal
injection
protocol
failure
adopt
untried
untested
alternatives
constitute
cruel
unusual
punishment
judgment
affirmed
middle
century
hanging
universal
form
execution
campbell
wood
blackmun
dissenting
denial
certiorari
quoting
state
frampton
denno
getting
death
executions
constitutional
iowa
rev
counting
territories
employed
hanging
method
execution
following
recommendation
commission
empaneled
governor
find
humane
practical
method
known
modern
science
carrying
effect
sentence
death
new
york
became
first
state
authorize
electrocution
form
capital
punishment
glass
louisiana
brennan
dissenting
denial
certiorari
denno
supra
followed
suit
motivated
belief
electrocution
less
painful
humane
hanging
malloy
south
carolina
electrocution
remained
predominant
mode
execution
nearly
century
although
several
methods
including
hanging
firing
squad
lethal
gas
use
one
time
brief
fordham
university
school
law
et
al
amici
curiae
hereinafter
fordham
brief
following
hiatus
executions
ended
decision
gregg
georgia
however
state
legislatures
began
responding
public
calls
reexamine
electrocution
means
assuring
humane
death
see
banner
death
penalty
american
history
legislators
oklahoma
consulting
head
anesthesiology
department
university
oklahoma
college
medicine
introduced
first
bill
proposing
lethal
injection
state
method
execution
see
brief
petitioners
fordham
brief
total
adopted
lethal
injection
exclusive
primary
means
implementing
death
penalty
making
far
prevalent
method
execution
also
method
used
federal
government
see
et
seq
ed
supp
app
brief
amicus
curiae
lethal
injection
protocol
used
federal
bureau
prisons
least
including
kentucky
use
combination
three
drugs
lethal
injection
protocols
see
workman
bredesen
first
drug
sodium
thiopental
also
known
pentathol
barbiturate
sedative
induces
deep
comalike
unconsciousness
given
amounts
used
lethal
injection
app
second
drug
pancuronium
bromide
also
known
pavulon
paralytic
agent
inhibits
movements
paralyzing
diaphragm
stops
respiration
potassium
chloride
third
drug
interferes
electrical
signals
stimulate
contractions
heart
inducing
cardiac
arrest
ibid
proper
administration
first
drug
ensures
prisoner
experience
pain
associated
paralysis
cardiac
arrest
caused
second
third
drugs
kentucky
replaced
electrocution
lethal
injection
acts
ch
kentucky
statute
specify
drugs
categories
drugs
used
execution
instead
mandating
every
death
sentence
shall
executed
continuous
intravenous
injection
substance
combination
substances
sufficient
cause
death
rev
stat
ann
west
prisoners
sentenced
option
electing
either
electrocution
lethal
injection
lethal
injection
default
case
petitioners
prisoner
refuses
make
choice
least
days
scheduled
execution
invalidates
kentucky
lethal
injection
method
kentucky
law
provides
method
execution
revert
electrocution
shortly
adoption
lethal
injection
officials
working
kentucky
department
corrections
set
developing
written
protocol
comply
requirements
kentucky
protocol
called
injection
grams
sodium
thiopental
milligrams
pancuronium
bromide
milliequivalents
potassium
chloride
result
litigation
department
chose
increase
amount
sodium
thiopental
grams
grams
app
injections
members
execution
team
flush
intravenous
iv
lines
milligrams
saline
prevent
clogging
lines
precipitates
may
form
residual
sodium
thiopental
comes
contact
pancuronium
bromide
protocol
reserves
responsibility
inserting
iv
catheters
qualified
personnel
least
one
year
professional
experience
currently
kentucky
uses
certified
phlebotomist
emergency
medical
technician
emt
perform
venipunctures
necessary
catheters
one
hour
establish
primary
secondary
peripheral
intravenous
sites
arm
hand
leg
foot
inmate
personnel
responsible
mixing
solutions
containing
three
drugs
loading
syringes
kentucky
execution
facilities
consist
execution
chamber
control
room
separated
window
witness
room
warden
deputy
warden
remain
execution
chamber
prisoner
strapped
gurney
execution
team
administers
drugs
remotely
control
room
five
feet
iv
tubing
determined
warden
deputy
warden
visual
inspection
prisoner
unconscious
within
seconds
following
delivery
sodium
thiopental
primary
iv
site
new
dose
thiopental
administered
secondary
site
injecting
pancuronium
potassium
chloride
addition
assuring
first
dose
thiopental
successfully
administered
warden
deputy
warden
also
watch
problems
iv
catheters
tubing
physician
present
assist
effort
revive
prisoner
event
stay
execution
statute
however
physician
prohibited
participating
conduct
execution
except
certify
cause
death
rev
stat
ann
electrocardiogram
ekg
verifies
death
prisoner
app
one
kentucky
prisoner
eddie
lee
harper
executed
since
commonwealth
adopted
lethal
injection
reported
problems
harper
execution
petitioners
ralph
baze
thomas
bowling
convicted
two
counts
capital
murder
sentenced
death
kentucky
upheld
convictions
sentences
direct
appeal
see
baze
commonwealth
cert
denied
bowling
commonwealth
cert
denied
exhausting
state
federal
collateral
remedies
baze
bowling
sued
three
state
officials
franklin
circuit
commonwealth
kentucky
seeking
kentucky
lethal
injection
protocol
declared
unconstitutional
bench
trial
trial
received
testimony
approximately
witnesses
including
numerous
experts
upheld
protocol
finding
minimal
risk
various
claims
improper
administration
protocol
app
appeal
kentucky
stated
method
execution
violates
eighth
amendment
creates
substantial
risk
wanton
unnecessary
infliction
pain
torture
lingering
death
applying
standard
affirmed
granted
certiorari
determine
whether
kentucky
lethal
injection
protocol
satisfies
eighth
amendment
hold
ii
eighth
amendment
constitution
applicable
due
process
clause
fourteenth
amendment
see
robinson
california
provides
xcessive
bail
shall
required
excessive
fines
imposed
cruel
unusual
punishments
inflicted
begin
principle
settled
gregg
capital
punishment
constitutional
see
joint
opinion
stewart
powell
stevens
necessarily
follows
must
means
carrying
risk
pain
inherent
method
execution
matter
humane
prospect
error
following
required
procedure
clear
constitution
demand
avoidance
risk
pain
carrying
executions
petitioners
claim
rather
contend
eighth
amendment
prohibits
procedures
create
unnecessary
risk
pain
brief
petitioners
specifically
argue
courts
must
evaluate
severity
pain
risked
likelihood
pain
occurring
extent
alternative
means
feasible
either
modifying
existing
execution
procedures
adopting
alternative
procedures
ibid
petitioners
envision
quantum
risk
necessary
make
eighth
amendment
claim
vary
according
severity
pain
availability
alternatives
reply
brief
petitioners
risk
must
significant
trigger
eighth
amendment
scrutiny
see
brief
petitioners
reply
brief
petitioners
kentucky
responds
unnecessary
risk
standard
tantamount
requirement
adopt
alternative
carrying
execution
standard
commonwealth
contends
cast
recurring
constitutional
doubt
procedure
adopted
brief
respondents
instead
kentucky
urges
approve
test
used
courts
never
invalidated
state
chosen
procedure
carrying
sentence
death
infliction
cruel
unusual
punishment
wilkerson
utah
upheld
sentence
death
firing
squad
imposed
territorial
rejecting
argument
sentence
constituted
cruel
unusual
punishment
noted
difficulty
defin
ing
exactness
extent
constitutional
provision
provides
cruel
unusual
punishments
shall
inflicted
rather
undertake
effort
wilkerson
simply
noted
safe
affirm
punishments
torture
others
line
unnecessary
cruelty
forbidden
eighth
amendment
way
example
cited
cases
england
terror
pain
disgrace
sometimes
superadded
sentence
condemned
embowelled
alive
beheaded
quartered
instances
public
dissection
murder
burning
alive
contrast
observed
firing
squad
routinely
used
method
execution
military
officers
forbidden
punishments
common
deliberate
infliction
pain
sake
pain
superadd
ing
pain
death
sentence
torture
like
carried
principles
kemmler
rejected
opportunity
incorporate
eighth
amendment
challenge
first
execution
electrocution
carried
state
new
york
passing
question
however
observed
unishments
cruel
involve
torture
lingering
death
punishment
death
cruel
within
meaning
word
used
constitution
implies
something
inhuman
barbarous
something
mere
extinguishment
life
noted
new
york
statute
adopting
electrocution
method
execution
passed
effort
devise
humane
method
reaching
result
ibid
petitioners
claim
lethal
injection
proper
administration
particular
protocol
adopted
kentucky
constitute
cruel
wanton
infliction
pain
quite
contrary
concede
performed
properly
execution
carried
kentucky
procedures
humane
constitutional
brief
petitioners
counsel
petitioners
admitted
oral
argument
proper
administration
first
drug
sodium
thiopental
eliminates
meaningful
risk
prisoner
experience
pain
subsequent
injections
pancuronium
potassium
chloride
see
tr
oral
arg
app
testimony
petitioners
expert
sodium
thiopental
properly
administered
protocol
virtually
every
case
humane
death
instead
petitioners
claim
significant
risk
procedures
properly
followed
particular
sodium
thiopental
properly
administered
achieve
intended
effect
resulting
severe
pain
chemicals
administered
cases
recognize
subjecting
individuals
risk
future
harm
simply
actually
inflicting
pain
qualify
cruel
unusual
punishment
establish
exposure
violates
eighth
amendment
however
conditions
presenting
risk
must
sure
likely
cause
serious
illness
needless
suffering
give
rise
sufficiently
imminent
dangers
helling
mckinney
emphasis
added
explained
prevail
claim
must
substantial
risk
serious
harm
objectively
intolerable
risk
harm
prevents
prison
officials
pleading
subjectively
blameless
purposes
eighth
amendment
farmer
brennan
simply
execution
method
may
result
pain
either
accident
inescapable
consequence
death
establish
sort
objectively
intolerable
risk
harm
qualifies
cruel
unusual
louisiana
ex
rel
francis
resweber
plurality
upheld
second
attempt
executing
prisoner
electrocution
mechanical
malfunction
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first
attempt
principal
opinion
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ccidents
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man
blame
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accident
suggestion
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give
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eighth
amendment
violation
justice
frankfurter
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separate
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process
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electrocution
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concurring
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present
eighth
amendment
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situation
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demonstrate
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intolerable
risk
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see
farmer
words
isolated
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give
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eighth
amendment
violation
precisely
event
regrettable
suggest
cruelty
procedure
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rise
substantial
risk
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harm
much
petitioners
case
rests
contention
identified
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risk
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eliminated
adopting
alternative
procedures
protocol
dispenses
use
pancuronium
potassium
chloride
additional
monitoring
trained
personnel
ensure
first
dose
sodium
thiopental
adequately
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given
cases
said
nature
risk
harm
actionable
eighth
amendment
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prisoner
successfully
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method
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merely
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support
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scientific
controversies
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state
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bell
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petitioners
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standard
well
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risk
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see
post
opinion
ginsburg
instead
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farmer
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justification
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method
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state
refusal
change
method
viewed
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iii
applying
standards
facts
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note
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regard
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intolerable
fact
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sanction
capital
punishment
adopted
lethal
injection
preferred
method
execution
federal
government
uses
lethal
injection
well
see
supra
broad
consensus
goes
method
execution
also
specific
combination
used
kentucky
thirty
well
federal
government
use
series
sodium
thiopental
pancuronium
bromide
potassium
chloride
varying
amounts
see
supra
state
uses
ever
used
alternative
protocol
belatedly
urged
petitioners
consensus
probative
conclusive
respect
aspect
alternatives
proposed
petitioners
order
meet
heavy
burden
showing
kentucky
procedure
cruelly
inhumane
gregg
joint
opinion
stewart
powell
stevens
jj
petitioners
point
numerous
aspects
protocol
contend
create
opportunities
error
claim
hinges
improper
administration
first
drug
sodium
thiopental
uncontested
failing
proper
dose
sodium
thiopental
render
prisoner
unconscious
substantial
constitutionally
unacceptable
risk
suffocation
administration
pancuronium
bromide
pain
injection
potassium
chloride
see
tr
oral
arg
agree
state
trial
state
however
petitioners
shown
risk
inadequate
dose
first
drug
substantial
reject
argument
eighth
amendment
requires
kentucky
adopt
untested
alternative
procedures
petitioners
identified
petitioners
contend
risk
improper
administration
thiopental
doses
difficult
mix
solution
form
load
syringes
protocol
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establish
rate
injection
lead
failure
iv
possible
iv
catheters
infiltrate
surrounding
tissue
causing
inadequate
dose
delivered
vein
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facilities
training
kentucky
reliable
means
monitoring
anesthetic
depth
prisoner
sodium
thiopental
administered
brief
petitioners
risk
sodium
thiopental
improperly
prepared
petitioners
contend
kentucky
employs
untrained
personnel
unqualified
calculate
mix
adequate
dose
especially
light
omission
volume
concentration
amounts
written
protocol
state
trial
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specifically
found
manufacturers
instructions
reconstitution
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thiopental
followed
minimal
risk
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mixing
despite
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testimony
layperson
difficulty
performing
task
app
say
finding
clearly
erroneous
see
hernandez
new
york
plurality
opinion
particularly
finding
substantiated
expert
testimony
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task
reconstituting
powder
sodium
thiopental
solution
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ot
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inject
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powder
shake
powder
dissolves
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instructions
package
insert
tr
apr
likewise
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problems
related
iv
lines
establish
sufficiently
substantial
risk
harm
meet
requirements
eighth
amendment
kentucky
put
place
several
important
safeguards
ensure
adequate
dose
sodium
thiopental
delivered
condemned
prisoner
significant
written
protocol
requirement
members
iv
team
must
least
one
year
professional
experience
certified
medical
assistant
phlebotomist
emt
paramedic
military
corpsman
app
kentucky
currently
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personnel
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experience
establishing
iv
catheters
inmates
kentucky
prison
population
tr
oral
arg
moreover
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team
members
along
rest
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year
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procedures
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siting
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catheters
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iv
team
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backup
lines
prepare
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sets
lethal
injection
drugs
execution
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measures
ensure
insufficient
dose
sodium
thiopental
initially
administered
primary
line
additional
dose
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backup
line
last
two
drugs
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iv
team
one
hour
establish
primary
backup
ivs
length
time
trial
found
excessive
rather
necessary
contrary
petitioners
claim
using
iv
inserted
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fifteen
minutes
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attempts
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iv
almost
certain
unreliable
brief
petitioners
event
merely
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team
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team
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team
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risk
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infiltration
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presence
warden
deputy
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execution
chamber
prisoner
allows
watch
signs
iv
problems
including
infiltration
three
commonwealth
medical
experts
testified
identifying
signs
infiltration
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even
average
person
swelling
result
app
see
kentucky
protocol
specifically
requires
warden
redirect
flow
chemicals
backup
iv
site
prisoner
lose
consciousness
within
seconds
light
safeguards
say
risks
identified
petitioners
substantial
imminent
amount
eighth
amendment
violation
kentucky
failure
adopt
petitioners
proposed
alternatives
demonstrate
commonwealth
execution
procedure
cruel
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first
petitioners
contend
kentucky
switch
protocol
protocol
using
single
dose
sodium
thiopental
barbiturate
brief
petitioners
alternative
proposed
state
courts
result
left
without
findings
effectiveness
petitioners
protocol
despite
scattered
references
trial
testimony
sole
use
sodium
thiopental
pentobarbital
preferred
method
execution
see
reply
brief
petitioners
event
commonwealth
continued
use
protocol
viewed
posing
objectively
intolerable
risk
state
adopted
method
petitioners
proffered
study
showing
equally
effective
manner
imposing
death
sentence
see
app
plaintiffs
presented
scientific
study
indicating
better
method
execution
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injection
indeed
state
tennessee
reviewing
execution
procedures
rejected
proposal
adopt
protocol
using
sodium
thiopental
state
concluded
alternative
take
longer
method
required
dosage
sodium
thiopental
less
predictable
variable
used
sole
mechanism
producing
death
workman
appendix
need
endorse
accuracy
conclusions
note
simply
comparative
efficacy
method
execution
well
established
kentucky
failure
adopt
constitutes
violation
eighth
amendment
petitioners
also
contend
kentucky
omit
second
drug
pancuronium
bromide
serves
therapeutic
purpose
suppressing
muscle
movements
reveal
inadequate
administration
first
drug
state
trial
however
specifically
found
pancuronium
serves
two
purposes
first
prevents
involuntary
physical
movements
unconsciousness
may
accompany
injection
potassium
chloride
app
commonwealth
interest
preserving
dignity
procedure
especially
convulsions
seizures
misperceived
signs
consciousness
distress
second
pancuronium
stops
respiration
hastening
death
ibid
kentucky
decision
include
drug
offend
eighth
petitioners
protocol
contend
untested
used
routinely
veterinarians
putting
animals
sleep
moreover
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kentucky
bar
veterinarians
using
neuromuscular
paralytic
agent
like
pancuronium
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expressly
like
kentucky
specifically
directing
use
drug
like
sodium
pentobarbital
see
brief
kevin
concannon
et
al
amici
curiae
pancuronium
cruel
animals
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cruel
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inmate
whatever
rhetorical
force
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workman
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comparison
animal
euthanasia
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dutch
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tr
apr
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guide
humane
practices
humans
petitioners
also
fault
kentucky
protocol
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mechanism
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anesthetic
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prisoner
petitioners
scheme
qualified
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equipment
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index
bis
monitor
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pressure
cuff
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brief
petitioners
outset
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reemphasize
proper
dose
thiopental
obviates
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prisoner
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sedated
experts
testified
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agreed
point
risks
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adopt
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monitoring
procedures
thus
even
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risks
posed
alleged
inadequacies
kentucky
procedures
designed
ensure
delivery
thiopental
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hamilton
jones
per
curiam
taylor
crawford
kentucky
expert
testified
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pressure
cuff
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assessing
level
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introduction
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app
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medical
community
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endorse
use
bis
monitor
measures
brain
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american
society
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brown
beck
michael
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need
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bis
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readings
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argument
entire
procedure
given
kentucky
law
see
rev
stat
ann
american
society
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ethical
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brief
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post
petitioners
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avoid
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tests
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inmate
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odors
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administering
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third
drugs
sodium
thiopental
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effect
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risk
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steps
kentucky
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ensure
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first
drug
moreover
scenario
dissent
posits
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level
unconsciousness
allegedly
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detection
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procedure
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post
indication
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whether
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post
record
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supra
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inmate
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baze
parker
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people
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morality
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frankfurter
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eighth
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farmer
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kentucky
adopted
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believed
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protocol
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eighth
amendment
finally
alternative
petitioners
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whenever
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cruel
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society
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stevens
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past
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punishment
reason
suppose
today
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judgment
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kentucky
procedure
consistent
eighth
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ralph
baze
thomas
bowling
petitioners
john
rees
commissioner
kentucky
department
corrections
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al
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justice
alito
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plurality
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write
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without
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justice
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opinion
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means
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injection
constitutional
means
execution
see
gregg
georgia
joint
opinion
stewart
powell
stevens
jj
assessing
punishment
selected
democratically
elected
legislature
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measure
presume
validity
lethal
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federal
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thought
humane
method
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petitioners
contend
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ethical
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medical
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petitioners
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truog
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medical
ethics
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harvard
medical
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application
identified
justice
stewart
excessiveness
identified
justices
brennan
marshall
subsequent
years
number
decisions
relied
premise
death
different
every
form
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error
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cases
see
gardner
florida
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cases
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kansas
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kemp
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sentence
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defendants
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rev
risinger
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rate
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defendants
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eighth
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furman
white
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iv
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regard
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interpreted
chief
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justice
ginsburg
persuaded
evidence
adduced
petitioners
fails
prove
kentucky
lethal
injection
protocol
violates
eighth
amendment
accordingly
join
judgment
ralph
baze
thomas
bowling
petitioners
john
rees
commissioner
kentucky
department
corrections
et
al
writ
certiorari
kentucky
april
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scalia
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choice
fifth
amendment
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jury
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amendment
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sess
see
also
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powell
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writing
professor
hugo
bedau
friend
death
penalty
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mavericks
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gave
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interpretation
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law
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penalty
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furman
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punishment
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stevens
hand
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four
years
later
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ii
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research
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crimes
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powell
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penalty
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practice
product
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vast
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people
kansas
marsh
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atkins
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marks
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baze
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rees
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al
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certiorari
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thomas
justice
scalia
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concurring
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agree
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kentucky
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ion
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clear
eighth
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penalty
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ubiquity
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penalty
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see
banner
death
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american
history
hereinafter
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noting
late
century
death
penalty
standard
penalty
serious
crimes
constitution
express
provision
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punishment
see
amdt
requiring
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person
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early
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practice
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range
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associated
murder
blackstone
commentaries
hereinafter
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good
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cruel
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johnson
dictionary
english
language
defining
cruel
mean
leased
hurting
others
inhuman
void
pity
wanting
compassion
savage
barbarous
unrelenting
webster
american
dictionary
english
language
defining
cruel
isposed
give
pain
others
body
mind
willing
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torment
vex
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eighth
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patrick
henry
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lack
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eighth
amendment
barbarous
cruel
punishments
inflicted
less
enlightened
countries
eighth
amendment
infliction
cruel
unusual
punishments
also
prohibited
various
barbarous
cruel
punishments
inflicted
laws
countries
profess
behind
enlightened
nations
earth
civilization
refinement
furnish
sufficient
reasons
express
prohibition
breaking
wheel
flaying
alive
rending
asunder
horses
various
species
horrible
tortures
inflicted
inquisition
maiming
mutilating
scourging
death
wholly
alien
spirit
humane
general
constitution
oliver
rights
american
citizen
reprint
barbaric
punishments
prohibited
eighth
amendment
joseph
story
thought
provision
wholly
unnecessary
free
government
since
scarcely
possible
department
government
authorize
justify
atrocious
conduct
story
commentaries
constitution
ii
consistent
original
understanding
cruel
unusual
punishments
clause
cases
repeatedly
taken
view
framers
intended
prohibit
torturous
modes
punishment
akin
formed
historical
backdrop
eighth
amendment
see
estelle
gamble
primary
concern
drafters
proscribe
ous
methods
punishment
weems
white
dissenting
may
doubted
indeed
questioned
one
cruel
punishments
bill
rights
provided
atrocious
sanguinary
inhuman
punishments
inflicted
past
upon
persons
criminals
view
permeated
cases
thrice
considered
challenge
modern
method
execution
thrice
rejected
challenge
time
emphasizing
eighth
amendment
aimed
methods
execution
purposely
designed
inflict
pain
first
case
wilkerson
utah
rejected
contention
death
firing
squad
cruel
unusual
reviewed
various
modes
execution
catalogued
blackstone
repeating
observation
atrocious
crimes
circumstances
terror
pain
disgrace
sometimes
superadded
found
safe
affirm
punishments
torture
mentioned
blackstone
others
line
unnecessary
cruelty
forbidden
eighth
amendment
unanimous
difficulty
concluding
death
firing
squad
fal
within
category
ibid
similarly
kemmler
unanimously
rejected
challenge
electrocution
interpreted
eighth
amendment
prohibit
punishments
manifestly
cruel
unusual
burning
stake
crucifixion
breaking
wheel
like
punishments
cruel
involve
torture
lingering
death
punishment
death
cruel
within
meaning
word
used
constitution
implies
something
inhuman
barbarous
something
mere
extinguishment
life
finally
louisiana
ex
rel
francis
resweber
rejected
petitioner
contention
eighth
amendment
prohibited
louisiana
subjecting
second
attempt
electrocution
first
attempt
failed
executioner
threw
switch
presumably
mechanical
difficulty
death
result
plurality
opinion
characterizing
abortive
attempt
accident
suggestion
malevolence
plurality
opinion
concluded
fact
petitioner
ha
already
subjected
current
electricity
make
subsequent
execution
cruel
constitutional
sense
execution
cruelty
constitution
protects
convicted
man
cruelty
inherent
method
punishment
necessary
suffering
involved
method
employed
extinguish
life
humanely
fact
unforeseeable
accident
prevented
prompt
consummation
sentence
seems
us
add
element
cruelty
subsequent
execution
purpose
inflict
unnecessary
pain
unnecessary
pain
involved
proposed
execution
iii
light
consistent
understanding
cruel
unusual
punishments
clause
forbidding
purposely
torturous
punishments
surprising
even
ardent
abolitionist
constrained
acknowledge
unbroken
line
interpreters
held
original
understanding
intent
framers
eighth
amendment
proscribe
unusual
modes
execution
compound
simple
infliction
death
added
cruelties
indignities
bedau
courts
constitution
capital
punishment
surprising
plurality
willingness
discard
unbroken
line
authority
favor
standard
finds
support
original
understanding
eighth
amendment
cases
disclaimers
notwithstanding
threaten
transform
courts
boards
inquiry
charged
determining
practices
executions
ruling
supplanted
another
round
litigation
touting
new
improved
methodology
ante
never
suggested
method
execution
cruel
unusual
within
meaning
eighth
amendment
simply
involves
risk
pain
whether
substantial
unnecessary
untoward
reduced
adopting
alternative
procedures
good
reason
strains
credulity
suggest
defining
characteristic
burning
stake
disemboweling
drawing
quartering
beheading
like
involved
risks
pain
eliminated
using
alternative
methods
execution
quite
plainly
defined
punishments
designed
inflict
torture
way
enhancing
death
sentence
intended
produce
penalty
worse
death
accomplish
something
mere
extinguishment
life
kemmler
supra
evil
eighth
amendment
targets
intentional
infliction
gratuitous
pain
standard
cases
explicitly
implicitly
invoked
thus
find
necessary
wilkerson
conduct
comparative
analysis
death
firing
squad
opposed
hanging
method
execution
inquire
precise
procedures
used
execute
individual
firing
squad
order
determine
whether
involved
risks
pain
alleviated
adopting
different
procedures
enough
death
firing
squad
well
established
military
practice
plainly
fall
within
line
unnecessary
cruelty
punishments
described
blackstone
true
kemmler
one
searches
opinion
vain
comparative
analysis
electrocution
versus
methods
execution
observed
new
york
legislature
adopted
electrocution
order
replace
hanging
humane
practical
method
known
modern
science
carrying
effect
sentence
death
capital
cases
suggestion
thought
necessary
sift
voluminous
mass
evidence
taken
courts
effect
electricity
agent
death
order
confirm
electrocution
fact
involved
less
substantial
risks
pain
lingering
death
hanging
rejected
challenge
act
passed
effort
devise
humane
method
reaching
result
courts
bound
presume
legislature
possessed
facts
upon
took
action
treating
lower
decision
involving
adjudication
statute
repugnant
federal
constitution
found
conclusion
plainly
right
hesitation
denying
writ
error
likewise
resweber
confronted
dramatic
fashion
reality
electric
chair
involved
risks
error
malfunction
result
excruciating
pain
see
burton
dissenting
quoting
affidavits
petitioner
brief
recounting
unsuccessful
first
attempt
electrocution
petitioner
puffed
body
squirmed
tensed
jumped
chair
rocked
absent
malevolence
purpose
inflict
unnecessary
pain
concluded
constitution
prohibit
louisiana
subjecting
petitioner
risks
second
time
order
carry
death
sentence
plurality
opinion
frankfurter
concurring
see
also
furman
georgia
marshall
concurring
describing
resweber
holding
legislature
adopted
electrocution
humane
purpose
thwarted
desire
reduce
pain
suffering
cases
may
inadvertently
increased
suffering
one
particular
case
one
suggested
louisiana
required
implement
additional
safeguards
alternative
procedures
order
reduce
risk
second
malfunction
dissenters
resweber
insisted
absence
intent
inflict
pain
irrelevant
burton
dissenting
intent
executioner
lessen
torture
excuse
result
iv
aside
lacking
support
history
precedent
various
standards
proposed
case
suffer
flaws
least
cast
substantial
doubt
every
method
execution
lethal
injection
may
well
methods
execution
hanging
firing
squad
electrocution
lethal
gas
involve
risks
pain
eliminated
switching
lethal
injection
indeed
attacked
unconstitutional
reason
see
gomez
dist
northern
dist
stevens
dissenting
arguing
lethal
gas
violates
eighth
amendment
availability
humane
less
violent
methods
execution
namely
lethal
injection
glass
louisiana
brennan
dissenting
denial
certiorari
arguing
electrocution
violates
eighth
amendment
poses
risks
pain
alleviated
currently
available
means
execution
lethal
injection
campbell
wood
reinhardt
concurring
dissenting
arguing
hanging
violates
eighth
amendment
involves
risks
pain
mutilation
presented
lethal
injection
notion
eighth
amendment
permits
one
mode
execution
requires
anesthetized
death
squared
history
constitution
little
ironic
telling
lethal
injection
hailed
years
ago
humane
alternative
light
every
method
execution
deemed
unconstitutional
relic
past
subject
today
challenge
appears
constitution
evolving
even
faster
suspected
obvious
oppose
capital
punishment
policy
grounds
acceptable
end
point
evolution
exercise
raw
judicial
power
unsupported
text
history
constitution
even
contemporary
moral
consensus
strike
death
penalty
cruel
unusual
circumstances
meantime
though
next
best
option
seeking
abolish
death
penalty
embroil
litigation
concerning
adequacy
execution
procedures
far
putting
end
abusive
litigation
area
thereby
vindicating
small
measure
significant
interest
meting
sentence
death
timely
fashion
nelson
campbell
today
decision
sure
engender
litigation
point
risk
become
substantial
alternative
procedures
feasible
readily
implemented
reduction
risk
significant
penological
justifications
legitimate
questions
lower
courts
grapple
wake
today
decision
needless
say
left
nothing
resembling
rule
brings
yet
problem
standards
require
courts
resolve
medical
scientific
controversies
largely
beyond
judicial
ken
little
need
said
refer
various
opinions
filed
colleagues
today
competing
risk
standards
advanced
plurality
opinion
dissent
example
difference
lethal
injection
procedure
satisfies
eighth
amendment
one
may
well
come
one
judgment
respect
something
hairsplitting
whether
eyelash
stroke
necessary
ensure
inmate
unconscious
whether
instead
measures
already
provided
sufficient
assurance
unconsciousness
compare
post
ginsburg
dissenting
criticizing
kentucky
protocol
one
calls
inmate
name
shakes
brushes
eyelashes
test
reflex
applies
noxious
stimulus
gauge
response
ante
rejecting
dissent
criticisms
inmate
succeed
eighth
amendment
claim
simply
showing
one
step
state
take
failsafe
independently
adequate
measures
neither
authority
expertise
micromanage
administration
death
penalty
manner
simply
reason
believe
unelected
judges
without
scientific
medical
penological
training
better
suited
resolve
delicate
issues
surrounding
administration
death
penalty
state
administrative
personnel
specifically
charged
task
cf
ante
stevens
concurring
judgment
criticizing
use
protocol
majority
use
protocol
drugs
selected
unelected
department
correction
officials
specialized
medical
knowledge
without
benefit
expert
assistance
guidance
short
reject
unprecedented
unworkable
standard
require
courts
weigh
relative
advantages
disadvantages
different
methods
execution
different
procedures
implementing
given
method
execution
extent
comparative
element
inquiry
limited
whether
challenged
method
inherently
inflicts
significantly
pain
traditional
modes
execution
hanging
firing
squad
see
gray
lucas
burger
concurring
denial
certiorari
rejecting
eighth
amendment
challenge
lethal
gas
petitioner
shown
pain
terror
resulting
death
cyanide
gas
different
degree
nature
resulting
traditional
modes
execution
implicate
eighth
amendment
quoting
gray
lucas
hernandez
state
fact
lethal
gas
less
painful
humane
hanging
required
refute
completely
charge
constitutes
cruel
unusual
punishment
within
meaning
expression
used
eighth
amendment
judged
proper
standard
easy
case
undisputed
kentucky
adopted
lethal
injection
protocol
effort
make
capital
punishment
humane
add
elements
terror
pain
disgrace
death
penalty
undisputed
administered
properly
kentucky
lethal
injection
protocol
result
swift
painless
death
sixth
circuit
observed
rejecting
similar
challenge
tennessee
lethal
injection
protocol
situation
state
intent
anything
approaching
intent
inflict
unnecessary
pain
complaint
state
procedure
may
fail
executioners
may
make
mistake
implementing
workman
bredesen
risk
negligence
implementing
procedure
establish
cognizable
eighth
amendment
claim
kentucky
lethal
injection
protocol
designed
eliminate
pain
rather
inflict
petitioners
challenge
must
fail
accordingly
concur
judgment
affirming
decision
ralph
baze
thomas
bowling
petitioners
john
rees
commissioner
kentucky
department
corrections
et
al
writ
certiorari
kentucky
april
justice
breyer
concurring
judgment
assuming
lawfulness
death
penalty
petitioners
argue
kentucky
method
execution
lethal
injection
nonetheless
constitutes
constitutionally
forbidden
cruel
usual
punishmen
amdt
respect
review
claim
agree
justice
ginsburg
highlights
relevant
question
whether
method
creates
untoward
readily
avoidable
risk
inflicting
severe
unnecessary
suffering
post
dissenting
opinion
agree
relevant
factors
degree
risk
magnitude
pain
availability
alternatives
interrelated
must
considered
post
time
believe
legal
merits
kind
claim
presented
must
inevitably
turn
much
upon
wording
intermediate
standard
review
upon
facts
evidence
find
either
record
case
literature
subject
sufficient
evidence
kentucky
execution
method
poses
significant
unnecessary
risk
inflicting
severe
pain
petitioners
assert
brief
petitioners
respect
literature
examined
periodical
article
seems
first
brought
widespread
legal
attention
claim
lethal
injection
might
bring
unnecessary
suffering
see
ante
plurality
opinion
denno
lethal
injection
quandary
medicine
dismantled
death
penalty
ford
rev
collecting
cases
condemned
inmates
cited
lancet
study
article
leonidas
koniaris
teresa
zimmers
university
miami
school
medicine
others
appeared
april
issue
lancet
eminent
medical
journal
see
koniaris
zimmers
lubarsky
sheldon
inadequate
anaesthesia
lethal
injection
execution
lancet
hereinafter
lancet
study
authors
examined
autopsy
toxicology
results
executions
arizona
georgia
north
carolina
south
carolina
study
noted
lethal
injection
usually
consists
sequential
administration
barbiturate
sodium
thiopental
followed
injection
paralyzing
agent
pancuronium
bromide
drug
potassium
chloride
study
focused
effectiveness
first
drug
anaesthetizing
inmate
see
noted
four
used
grams
thiopental
kentucky
follows
similar
system
currently
uses
grams
sodium
thiopental
see
ante
plurality
opinion
although
sodium
thiopental
dose
say
grams
several
times
dose
used
ordinary
surgical
operations
authors
found
level
barbiturate
present
bloodstream
several
hours
death
lower
level
one
might
expect
find
operation
lancet
study
certain
qualifications
state
examined
instances
thiopental
concentrations
consistent
consciousness
fact
create
considerable
concern
given
related
likelihood
unexpressed
suffering
authors
suggest
among
things
inadequate
training
may
help
explain
results
lancet
study
however
may
seriously
flawed
september
issue
lancet
published
three
responses
first
one
initial
referees
jonathan
groner
children
hospital
columbus
ohio
claimed
low
level
thiopental
bloodstream
necessarily
mean
inadequate
dose
given
circumstances
likely
common
lethal
injections
thiopental
simply
diffuse
bloodstream
surrounding
tissues
see
inadequate
anaesthesia
lethal
injection
execution
lancet
long
pause
death
measurement
means
kind
diffusion
likely
occurred
see
ibid
reason
others
groner
said
initially
expressed
strong
support
article
become
concerned
key
finding
may
erroneous
lack
equipoise
study
ibid
second
correspondents
mark
heath
petitioners
expert
trial
donald
stanski
derrick
pounder
respectively
department
anesthesiology
columbia
university
stanford
university
school
medicine
university
dundee
kingdom
concluded
koniaris
colleagues
present
scientifically
convincing
data
justify
conclusion
large
proportion
inmates
experienced
awareness
lethal
injection
ibid
researchers
noted
blood
samples
taken
several
hours
days
inmates
deaths
postmortem
concentrations
thiopental
lipophilic
drug
diffuses
blood
tissue
relied
accurate
indicators
concentrations
blood
stream
life
ibid
see
also
ante
plurality
opinion
third
correspondents
robyn
weisman
jeffrey
bernstein
richard
weisman
university
miami
school
medicine
florida
poison
information
center
said
drug
concentrations
extremely
difficult
interpret
substantial
variability
results
depending
timing
anatomical
origin
specimen
physical
chemical
properties
drug
lancet
believed
original
finding
requires
assessment
ibid
authors
original
study
replied
defending
accuracy
findings
see
yet
neither
petition
certiorari
briefs
filed
including
seven
amici
curiae
briefs
supporting
petitioners
make
mention
lancet
study
published
petitioners
trial
light
fact
responses
original
study
judge
nonexpert
matters
give
lancet
study
significant
weight
literature
also
contains
detailed
article
subject
appeared
ohio
state
law
journal
author
professor
deborah
denno
examined
executions
lethal
injection
thiopental
used
see
legislatures
delegate
death
troubling
paradox
behind
state
uses
electrocution
lethal
injection
says
us
ohio
table
author
lists
botched
lethal
injection
executions
time
decision
gregg
georgia
see
denno
ohio
involved
problem
locating
suitable
vein
administer
chemicals
ibid
eleven
remaining
apparently
involved
strong
readily
apparent
physical
reactions
ibid
one
taking
place
illinois
described
involving
indication
appearing
calm
outside
due
paralyzing
drugs
inmate
suffered
excruciating
pain
author
adds
reports
faulty
equipment
inexperienced
personnel
ibid
article
professor
denno
testified
petitioners
trial
petitioners
rely
may
well
provide
cause
concern
administration
lethal
injection
materially
aid
petitioners
far
record
reveals
kentucky
courts
found
kentucky
use
trained
phlebotomists
presence
observers
prevent
kind
botched
executions
denno
table
documents
literature
also
casts
shadow
uncertainty
upon
ready
availability
alternatives
lethal
execution
methods
petitioners
argued
trial
example
kentucky
eliminate
use
paralytic
agent
pancuronium
bromide
preventing
outcry
mask
suffering
inmate
might
experiencing
inadequate
administration
anesthetic
see
brief
petitioners
reply
brief
petitioners
point
use
pancuronium
bromide
euthanize
animals
contrary
veterinary
standards
see
citing
brief
kevin
concannon
et
al
amici
curiae
see
also
concannon
brief
noting
kentucky
like
prohibits
use
neuromuscular
blocking
agents
euthanizing
animals
netherlands
however
use
pancuronium
bromide
recommended
purposes
lawful
assisted
suicide
see
ante
plurality
opinion
discussing
royal
dutch
society
advancement
pharmacy
recommendation
use
muscle
relaxant
pancuronium
addition
thiopental
see
also
kimsma
euthanasia
euthanizing
drugs
netherlands
reprinted
drug
use
assisted
suicide
euthanasia
battin
lipman
eds
discussing
use
neuromuscular
relaxants
one
might
ask
use
pancuronium
bromide
undesirable
netherlands
interested
practices
designed
bring
humane
death
recommend
use
similar
drugs
petitioners
pointed
netherlands
physicians
trained
anesthesiology
involved
assisted
suicide
case
kentucky
see
tr
oral
arg
important
difference
resolve
apparently
conflicting
views
inherent
propriety
impropriety
use
drug
extinguish
human
life
humanely
similarly
petitioners
argue
better
trained
personnel
clear
american
medical
association
ama
american
nursing
association
ana
rules
ethics
strongly
oppose
members
participation
executions
see
brief
american
society
anesthesiologists
amicus
curiae
citing
ama
code
medical
ethics
policy
capital
punishment
online
http
internet
materials
visited
apr
available
clerk
case
file
ana
position
statement
nurses
participation
capital
punishment
http
noting
nurses
participation
executions
viewed
contrary
fundamental
goals
ethical
traditions
profession
cf
rev
stat
ann
west
kentucky
prohibiting
physician
participating
conduct
execution
except
certify
cause
death
facts
suggest
finding
better
trained
personnel
may
difficult
might
first
blush
appear
find
record
case
stronger
evidence
petitioners
favor
literature
provides
untoward
readily
avoidable
risk
severe
pain
indeed
justice
ginsburg
accepted
believe
petitioners
strongest
claim
namely
kentucky
require
thorough
testing
unconsciousness
see
post
respect
matter
however
must
agree
plurality
justice
stevens
record
provides
little
reason
believe
measures
adopted
kentucky
make
significant
difference
upshot
find
either
record
readily
available
literature
seen
sufficient
grounds
believe
kentucky
method
lethal
injection
creates
significant
risk
unnecessary
suffering
death
penalty
course
brings
serious
risks
example
risks
executing
wrong
person
see
ante
stevens
concurring
judgment
risks
unwarranted
animus
respect
race
victims
may
play
role
see
ante
risks
convicted
find
death
row
many
years
perhaps
decades
come
see
smith
arizona
breyer
dissenting
denial
certiorari
risks
part
explain
penalty
controversial
lawfulness
death
penalty
us
petitioners
proof
evidence
giving
rise
legitimate
concern
show
kentucky
method
applying
death
penalty
amounts
cruel
unusual
punishmen
reasons
concur
judgment
ralph
baze
thomas
bowling
petitioners
john
rees
commissioner
kentucky
department
corrections
et
al
writ
certiorari
kentucky
april
justice
ginsburg
justice
souter
joins
dissenting
undisputed
second
third
drugs
used
kentucky
lethal
injection
protocol
pancuronium
bromide
potassium
chloride
cause
conscious
inmate
suffer
excruciating
pain
pancuronium
bromide
paralyzes
lung
muscles
results
slow
asphyxiation
app
potassium
chloride
causes
burning
intense
pain
circulates
throughout
body
use
pancuronium
bromide
potassium
chloride
conscious
inmate
plurality
recognizes
constitutionally
unacceptable
ante
constitutionality
kentucky
protocol
therefore
turns
whether
inmates
adequately
anesthetized
first
drug
protocol
sodium
thiopental
kentucky
system
constitutional
plurality
petitioners
shown
risk
inadequate
dose
first
drug
substantial
ante
dispose
case
swiftly
given
character
risk
stake
kentucky
protocol
lacks
basic
safeguards
used
confirm
inmate
unconscious
injection
second
third
drugs
vacate
remand
instructions
consider
whether
kentucky
omission
safeguards
poses
untoward
readily
avoidable
risk
inflicting
severe
unnecessary
pain
considered
constitutionality
specific
method
execution
three
prior
occasions
cases
decisions
cited
parties
amici
provide
little
guidance
standard
govern
petitioners
challenge
kentucky
lethal
injection
protocol
wilkerson
utah
held
death
firing
squad
rank
among
cruel
unusual
punishments
banned
eighth
amendment
ruling
endeavor
define
exactness
extent
constitutional
provision
provides
cruel
unusual
punishments
shall
inflicted
safe
affirm
stated
punishments
torture
others
line
unnecessary
cruelty
forbidden
next
kemmler
death
electrocution
assailed
method
reiterated
eighth
amendment
prohibits
torture
lingering
death
word
cruel
observed
implies
something
inhuman
something
mere
extinguishment
life
ibid
statements
however
made
en
passant
kemmler
actual
holding
eighth
amendment
apply
proposition
since
repudiated
see
robinson
california
finally
louisiana
ex
rel
francis
resweber
rejected
eighth
fourteenth
amendment
challenges
reelectrocution
following
earlier
attempt
failed
cause
death
plurality
opinion
case
first
stated
traditional
humanity
modern
law
forbids
infliction
unnecessary
pain
execution
death
sentence
next
sentence
varied
formulation
referred
rohibition
wanton
infliction
pain
ibid
clear
standard
determining
constitutionality
method
execution
emerges
decisions
moreover
age
opinions
limits
utility
aid
resolution
present
controversy
eighth
amendment
held
draw
meaning
evolving
standards
decency
mark
progress
maturing
society
atkins
virginia
quoting
trop
dulles
plurality
opinion
wilkerson
decided
years
ago
kemmler
years
ago
resweber
years
ago
whatever
little
light
prior
cases
might
shed
thus
dimmed
passage
time
phrases
tests
drawn
recent
decisions
example
gregg
georgia
speaking
capital
punishment
abstract
lead
opinion
said
eighth
amendment
prohibits
unnecessary
wanton
infliction
pain
joint
opinion
stewart
powell
stevens
jj
opinion
also
cautioned
death
sentence
imposed
sentencing
procedures
creat
substantial
risk
inflicted
arbitrary
capricious
manner
relying
gregg
earlier
decisions
kentucky
stated
execution
procedure
violates
eighth
amendment
creates
substantial
risk
wanton
unnecessary
infliction
pain
torture
lingering
death
petitioners
respond
courts
consider
severity
pain
risked
likelihood
pain
occurring
extent
alternative
means
feasible
brief
petitioners
emphasis
added
plurality
settles
somewhere
requiring
substantial
risk
serious
harm
considering
whether
feasible
readily
implemented
alternative
significantly
reduce
risk
ante
internal
quotation
marks
omitted
agree
petitioners
plurality
degree
risk
magnitude
pain
availability
alternatives
must
considered
part
ways
plurality
however
extent
substantial
risk
test
sets
fixed
threshold
first
factor
three
factors
interrelated
strong
showing
one
reduces
importance
others
lethal
injection
mode
execution
expected
instances
result
painless
death
rare
though
errors
may
consequences
mistake
condemned
inmate
consciousness
horrendous
effectively
undetectable
injection
second
drug
given
opposing
tugs
degree
risk
magnitude
pain
critical
question
see
whether
feasible
alternative
exists
proof
slightly
marginally
safer
alternative
plurality
notes
insufficient
ante
readily
available
measures
materially
increase
likelihood
protocol
cause
pain
state
fails
adhere
contemporary
standards
decency
declines
employ
measures
ii
kentucky
legislature
adopted
lethal
injection
method
execution
see
acts
ch
rev
stat
ann
west
lawmakers
left
development
lethal
injection
protocol
officials
department
corrections
officials
trial
found
given
task
without
benefit
scientific
aid
policy
oversight
app
kentucky
protocol
observed
copied
accepted
without
challenge
ibid
kentucky
conduct
independent
scientific
medical
studies
consult
medical
professionals
concerning
drugs
dosage
amounts
injected
condemned
instead
trial
noted
kentucky
followed
path
taken
simply
fell
line
behind
protocol
first
developed
oklahoma
see
also
ante
plurality
opinion
kentucky
protocol
begins
careful
measure
medical
professionals
may
perform
venipunctures
establish
intravenous
iv
access
members
iv
team
must
least
one
year
experience
certified
medical
assistant
phlebotomist
emergency
medical
technician
emt
paramedic
military
corpsman
app
ante
plurality
opinion
kentucky
iv
team
currently
two
members
phlebotomist
years
experience
emt
years
experience
app
members
practice
siting
catheters
ten
lethal
injection
training
sessions
held
annually
using
qualified
trained
personnel
establish
iv
access
however
kentucky
little
ensure
inmate
receives
effective
dose
sodium
thiopental
siting
catheters
iv
team
leaves
execution
chamber
point
forward
warden
deputy
warden
remain
inmate
neither
warden
deputy
warden
medical
training
warden
relies
visual
observation
determine
whether
inmate
appears
unconscious
kentucky
previous
execution
lethal
injection
warden
position
allowed
see
inmate
best
waist
peripheral
view
inmate
face
see
check
consciousness
occurs
injection
pancuronium
bromide
kentucky
protocol
include
automatic
pause
rapid
flow
drugs
basic
tests
determine
whether
sodium
thiopental
worked
one
calls
inmate
name
shakes
brushes
eyelashes
test
reflex
applies
noxious
stimulus
gauge
response
kentucky
monitor
effectiveness
sodium
thiopental
using
readily
available
equipment
even
though
inmate
already
connected
electrocardiogram
ekg
drop
blood
pressure
heart
rate
injection
sodium
thiopental
prove
inmate
unconscious
see
ante
plurality
opinion
signal
drug
entered
inmate
bloodstream
see
app
tr
may
kentucky
expert
testified
sodium
thiopental
cause
inmate
blood
pressure
become
low
app
precipitous
drop
blood
pressure
confir
drug
expected
effect
use
blood
pressure
cuff
ekg
record
shows
standard
care
surgery
requiring
anesthesia
consciousness
check
supplementing
warden
visual
observation
injection
second
drug
easily
implemented
reduce
risk
dreadful
pain
pancuronium
bromide
powerful
paralytic
prevents
voluntary
muscle
movement
injected
monitoring
inmate
consciousness
becomes
impractical
without
sophisticated
equipment
training
even
inmate
conscious
excruciating
pain
visible
recognizing
importance
window
first
second
drugs
adopted
safeguards
contained
kentucky
protocol
see
brief
criminal
justice
legal
foundation
amicus
curiae
florida
pauses
injection
first
second
drugs
warden
determine
consultation
inmate
indeed
unconscious
lightbourne
mccollum
per
curiam
internal
quotation
marks
omitted
warden
touching
inmate
eyelashes
calling
name
shaking
inmate
consciousness
remains
doubt
florida
medical
team
members
come
chemical
room
consult
assessment
inmate
ibid
entire
execution
person
inserted
iv
line
monitors
iv
access
point
inmate
face
closed
circuit
television
ibid
missouri
medical
personnel
must
examine
prisoner
physically
confirm
unconscious
using
standard
clinical
techniques
must
inspect
catheter
site
taylor
crawford
second
third
chemicals
injected
confirmation
prisoner
unconscious
period
least
three
minutes
elapsed
first
injection
thiopental
ibid
california
member
iv
team
brushes
inmate
eyelashes
speaks
shakes
halfway
point
completion
sodium
thiopental
injection
see
state
california
san
quentin
operational
procedure
execution
lethal
injection
online
http
alabama
member
execution
team
begin
saying
condemned
inmate
name
response
team
member
gently
stroke
condemned
inmate
eyelashes
response
team
member
pinch
condemned
inmate
arm
respondents
opposition
callahan
application
stay
execution
callahan
allen
internal
quotation
marks
omitted
indiana
officials
inspect
injection
site
administration
sodium
thiopental
say
inmate
name
touch
use
ammonia
tablets
test
response
noxious
nasal
stimulus
see
tr
preliminary
injunction
hearing
sd
ind
pp
online
http
hereinafter
timberlake
hearing
checks
provide
degree
assurance
missing
kentucky
protocol
first
drug
properly
administered
simple
essentially
costless
employ
yet
work
lower
risk
inmate
subjected
agony
conscious
suffocation
caused
pancuronium
bromide
searing
pain
caused
potassium
chloride
record
contains
explanation
kentucky
take
elementary
measures
risk
error
administering
sodium
thiopental
go
undetected
minimal
kentucky
urges
drug
mistakenly
injected
inmate
tissue
vein
awake
screaming
tr
oral
arg
see
also
brief
respondents
brief
state
texas
et
al
amici
curiae
argument
ignores
aspects
kentucky
protocol
render
passive
reliance
obvious
signs
consciousness
screaming
inadequate
determine
whether
inmate
experiencing
pain
first
kentucky
use
pancuronium
bromide
paralyze
inmate
means
able
scream
second
drug
injected
matter
much
pain
experiencing
kentucky
argument
therefore
appears
rest
assertion
sodium
thiopental
painful
injected
tissue
rather
vein
see
app
trial
made
finding
point
kentucky
cites
supporting
evidence
executions
known
sodium
thiopental
injected
inmate
soft
tissue
see
lightbourne
describing
execution
angel
diaz
second
inmate
may
receive
enough
sodium
thiopental
mask
obvious
signs
consciousness
without
receiving
dose
sufficient
achieve
surgical
plane
anesthesia
see
tr
apr
drug
injected
quickly
increase
blood
pressure
cause
inmate
veins
burst
small
amount
sodium
thiopental
administered
cf
app
describing
risk
blowout
kentucky
protocol
specify
rate
sodium
thiopental
injected
executioner
medical
training
pushes
drug
feel
five
feet
tubing
practice
sessions
unlike
actual
execution
resistance
catheter
see
thus
executioner
training
may
lead
push
drugs
fast
easiest
obvious
way
ensure
inmate
unconscious
execution
petitioners
argued
kentucky
check
consciousness
prior
injecting
pancuronium
bromide
brief
appellants
see
also
app
complaint
alleging
kentucky
protocol
require
execution
team
determine
condemned
inmate
unconscious
prior
administering
second
third
chemicals
address
petitioners
argument
therefore
remand
instructions
consider
whether
failure
include
readily
available
safeguards
confirm
inmate
unconscious
injection
sodium
thiopental
combination
elements
kentucky
protocol
creates
untoward
readily
avoidable
risk
inflicting
severe
unnecessary
pain
footnotes
currently
provide
capital
punishment
require
execution
lethal
injection
sole
method
see
rev
stat
ann
west
ark
code
ann
rev
stat
ann
stat
del
code
tit
supp
code
ann
comp
ch
west
ind
code
west
stat
ann
cum
supp
rev
stat
ann
west
la
stat
ann
west
md
crim
law
code
ann
lexis
supp
miss
code
ann
mont
code
ann
rev
stat
stat
ann
west
repealed
stat
ann
stat
ann
lexis
correc
law
ann
west
held
unconstitutional
people
lavalle
ohio
rev
code
ann
lexis
okla
tit
west
rev
stat
stat
tit
purdon
codified
laws
supp
code
ann
tex
code
crim
proc
art
vernon
supp
pamphlet
utah
code
ann
lexis
supp
wyo
stat
ann
nine
allow
lethal
injection
addition
alternative
method
electrocution
see
code
supp
stat
code
ann
code
ann
lexis
supp
hanging
see
rev
stat
ann
rev
code
lethal
gas
see
cal
penal
code
ann
west
mo
rev
stat
cum
supp
firing
squad
see
idaho
code
lexis
nebraska
state
whose
statutes
specify
electrocution
sole
method
execution
see
neb
rev
stat
nebraska
recently
struck
method
nebraska
constitution
see
state
mata
wl
although
undisputed
using
lethal
injection
adopted
protocol
first
developed
oklahoma
without
significant
independent
review
procedure
equally
undisputed
moving
lethal
injection
motivated
desire
find
humane
alternative
methods
see
fordham
brief
regard
kentucky
different
see
quoting
statement
state
representative
sponsored
bill
replace
electrocution
lethal
injection
kentucky
going
capital
punishment
needs
done
humane
manner
internal
quotation
marks
omitted
difficulties
inherent
approaches
exemplified
controversy
surrounding
study
lethal
injection
published
april
edition
british
medical
journal
lancet
examining
thiopental
concentrations
toxicology
reports
based
blood
samples
drawn
executed
inmates
study
concluded
executed
inmates
concentrations
expected
produce
surgical
plane
anaesthesia
concentrations
consistent
consciousness
koniaris
zimmers
lubarsky
sheldon
inadequate
anaesthesia
lethal
injection
execution
lancet
study
widely
cited
around
country
motions
stay
executions
briefs
merits
see
denno
lethal
injection
quandary
medicine
dismantled
death
penalty
ford
rev
collecting
cases
claimants
cited
lancet
study
shortly
lancet
study
appeared
peer
responses
seven
medical
researchers
criticized
methodology
supporting
original
conclusions
see
groner
inadequate
anaesthesia
lethal
injection
execution
lancet
researchers
noted
blood
samples
taken
several
hours
days
inmates
deaths
postmortem
concentrations
thiopental
compound
passively
diffuses
blood
tissue
relied
accurate
indicators
concentrations
life
authors
original
study
responded
defend
methodology
see
also
post
breyer
concurring
judgment
purport
take
sides
dispute
cite
confirm
best
practices
approach
calling
weighing
relative
risks
without
measure
deference
state
choice
execution
procedures
involve
courts
debatable
matters
far
exceeding
expertise
justice
thomas
agrees
courts
neither
authority
expertise
function
boards
inquiry
determining
best
practices
executions
see
post
opinion
concurring
judgment
quoting
opinion
post
contends
standard
adopt
inevitably
poses
concerns
view
concerns
effectively
addressed
threshold
requirement
reflected
cases
risk
serious
intolerable
risk
harm
see
supra
substantive
requirements
articulated
standard
petitioners
allude
alternative
chemical
combination
chemicals
replace
kentucky
protocol
brief
see
app
based
arguments
presented
clear
intended
refer
allegedly
less
painful
drugs
substitute
potassium
chloride
agent
see
likewise
alternatives
protocol
presented
kentucky
replaced
potassium
chloride
drugs
inducing
cardiac
arrest
omitted
pancuronium
bromide
added
analgesic
relieve
pain
see
brief
appellants
pp
justice
stevens
conclusion
risk
addressed
pancuronium
bromide
vastly
outweighed
risk
pain
issue
see
post
opinion
concurring
judgment
depends
course
magnitude
risk
pain
explained
risk
insignificant
light
safeguards
kentucky
adopted
resisting
point
dissent
rejects
expert
testimony
problems
intravenous
administration
sodium
thiopental
obvious
see
post
testimony
based
pain
result
injecting
first
drug
tissue
rather
vein
see
app
also
swelling
occur
see
see
also
neither
expert
conclusions
disputed
agree
justice
stevens
anything
opinion
undermines
remotely
addresses
validity
capital
punishment
see
post
fact
society
moved
progressively
humane
methods
execution
suggest
capital
punishment
longer
serves
valid
purposes
supposed
case
capital
punishment
stronger
imposed
predominantly
hanging
electrocution
footnotes
making
recommendation
general
understanding
among
veterinarians
risk
pain
sufficiently
serious
use
drug
proscribed
animal
life
terminated
post
american
veterinary
medical
association
avma
guidelines
take
pains
point
association
guidelines
interpreted
commenting
execution
humans
lethal
injection
avma
guidelines
euthanasia
june
online
http
footnotes
report
american
veterinary
medical
association
avma
panel
euthanasia
stated
combination
pentobarbital
neuromuscular
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agent
acceptable
euthanasia
agent
veterinary
med
assn
supplemental
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however
avma
clarified
statement
intended
recommendation
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syringe
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practice
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possibility
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take
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barbiturate
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conscious
avma
guidelines
euthanasia
plainly
state
application
barbiturate
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agent
potassium
chloride
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syringes
stages
discussed
report
several
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however
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brief
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use
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see
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kevin
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al
amici
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humane
society
also
declared
inhumane
use
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rhoades
humane
society
euthanasia
training
manual
see
also
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anesthetizing
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lethal
injection
animal
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fordham
urb
forthcoming
online
http
materials
visited
apr
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concluding
based
comprehensive
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animal
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laws
regulations
field
animal
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neuromuscular
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single
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prison
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reasons
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medical
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critical
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critical
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state
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statute
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colorado
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see
denno
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injection
quandary
medicine
dismantled
death
penalty
ford
rev
notably
oklahoma
medical
examiner
devised
protocol
disavowed
use
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asked
recent
interview
included
formula
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good
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eliminate
cohen
lethal
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creator
maybe
time
change
formula
http
officials
doc
advisory
paper
submitted
group
new
york
doctors
recommending
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supervisor
health
services
unit
informed
memo
colleague
pancuronium
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vocal
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stop
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death
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concerns
issue
may
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role
new
jersey
subsequent
decisions
create
new
jersey
death
penalty
study
commission
ultimately
abolish
death
penalty
similar
reasons
may
also
well
advised
reconsider
sufficiency
procedures
checking
inmate
consciousness
see
post
ginsburg
dissenting
justice
alito
correctly
points
royal
dutch
society
advancement
pharmacy
recommends
pancuronium
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second
two
drugs
used
cases
euthanasia
ante
concurring
opinion
netherlands
however
physicians
training
anesthesiology
involved
assisted
suicide
reasons
justice
alito
details
see
ante
physicians
similar
role
american
executions
trained
medical
personnel
administer
anesthesia
monitor
individual
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serious
risks
concern
presented
form
life
imprisonment
without
parole
majority
statutes
enacted
within
last
two
decades
see
note
matter
life
death
effect
statutes
capital
punishment
harv
rev
see
dieter
sentencing
life
americans
embrace
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death
penalty
apr
http
one
study
potential
capital
jurors
virginia
stated
knowing
existence
statutes
providing
life
without
possibility
parole
significantly
influence
sentencing
decision
another
study
significant
majority
potential
capital
jurors
georgia
said
likely
select
life
sentence
death
sentence
knew
defendant
ineligible
parole
least
years
see
note
harv
indeed
insight
drove
decision
simmons
south
carolina
capital
defendants
due
process
right
require
sentencing
juries
informed
ineligibility
parole
admittedly
recent
surge
scholarship
asserting
deterrent
effect
death
penalty
see
mocan
gittings
getting
death
row
commuted
sentences
deterrent
effect
capital
punishment
law
econ
adler
summers
capital
punishment
works
wall
street
journal
equal
greater
amount
scholarship
criticizing
methodologies
studies
questioning
results
see
fagan
death
deterrence
redux
science
law
causal
reasoning
capital
punishment
ohio
crim
donohue
wolfers
uses
abuses
empirical
evidence
death
penalty
debate
stan
rev
retribution
common
basis
support
death
penalty
recent
study
found
death
penalty
supporters
cited
eye
took
crime
reason
supporting
capital
punishment
another
cited
deserve
next
common
reasons
sav
ing
taxpayers
associated
prison
deterrence
cited
supporters
see
dept
justice
bureau
justice
statistics
sourcebook
criminal
justice
statistics
table
online
http
example
family
members
victims
oklahoma
city
bombing
called
government
timothy
mcveigh
inside
bomb
blow
walsh
one
arraigned
two
undergo
questioning
washington
post
apr
pp
commentators
time
noted
overwhelming
percentage
americans
felt
executing
mcveigh
enough
linder
political
verdict
mcveigh
death
enough
times
june
example
one
survivor
oklahoma
city
bombing
expressed
belief
lethal
injection
good
mcveigh
sarat
state
kills
capital
punishment
american
condition
similarly
one
mother
told
child
killer
die
lethal
injection
asked
feel
anything
hurt
pain
humane
compared
done
children
torture
put
kids
think
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body
whatever
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pain
emphasis
deleted
discussion
financial
costs
well
less
tangible
costs
death
penalty
see
kozinski
gallagher
death
ultimate
sentence
case
res
rev
discussing
inter
alia
burden
courts
lack
finality
victim
families
although
lack
finality
death
cases
may
seem
counterintuitive
kozinski
gallagher
explain
death
cases
raise
many
issues
far
complex
issues
criminal
cases
attacked
gusto
reviewed
vigor
courts
means
strong
possibility
conviction
sentence
reconsidered
seriously
reconsidered
five
ten
twenty
years
trial
one
wonder
worry
effect
families
victims
live
possibility
often
reality
retrials
evidentiary
hearings
stays
execution
decades
crime
footnotes
omitted
thus
conclude
left
limbo
machinery
immensely
expensive
chokes
legal
institutions
impeded
things
society
expects
courts
visits
repeated
trauma
victims
families
see
also
block
slow
death
times
mar
discussing
enormous
costs
burdens
judicial
system
resulting
death
penalty
argue
costs
consequence
judicial
insistence
unnecessarily
elaborate
lengthy
appellate
procedures
contrary
result
large
part
failure
apply
constitutionally
sufficient
procedures
time
initial
conviction
sentencing
knight
florida
breyer
dissenting
denial
certiorari
may
also
result
general
reluctance
put
large
numbers
defendants
death
even
sentence
death
imposed
cf
tempest
death
row
often
means
long
life
california
condemns
many
murderers
ever
executed
times
mar
noting
california
death
row
inmates
account
nation
total
death
row
population
state
accounts
nation
executions
event
certainly
fault
judges
nothing
ensure
compliance
constitutional
guarantees
prior
imposing
irrevocable
punishment
death
see
uttecht
brown
slip
stevens
dissenting
explaining
illions
americans
oppose
death
penalty
cross
section
virtually
every
community
country
includes
citizens
firmly
believe
death
penalty
unjust
nevertheless
qualified
serve
jurors
capital
cases
single
justice
furman
concluded
mention
deprivation
life
fifth
fourteenth
amendments
insulated
death
penalty
constitutional
challenge
five
justices
concurred
judgment
necessarily
rejected
argument
even
four
dissenters
explicitly
acknowledged
death
penalty
considered
impermissibly
cruel
time
framing
proceeded
evaluate
whether
anything
changed
intervening
years
nevertheless
rendered
capital
punishment
unconstitutional
furman
burger
joined
blackmun
powell
rehnquist
dissenting
see
also
unusual
punishments
process
law
static
concepts
whose
meaning
scope
sealed
time
writing
powell
joined
burger
blackmun
rehnquist
dissenting
indeed
guarantees
procedural
fairness
contained
fifth
fourteenth
amendments
resolve
substantive
questions
relating
separate
limitations
imposed
eighth
amendment
footnotes
gruesome
methods
execution
worst
punishments
framers
acquainted
surveying
various
superadd
itions
death
penalty
english
law
well
lesser
punishments
mutilation
dismembering
cutting
hand
ears
stigmatizing
offender
slitting
nostrils
branding
hand
cheek
blackstone
able
congratulate
countrymen
refinement
contrast
barbarism
continent
disgusting
catalogue
may
seem
afford
pleasure
english
reader
honor
english
law
compare
shocking
apparatus
death
torment
met
criminal
codes
almost
every
nation
europe
blackstone
footnotes
hanging
state
prior
mode
execution
electrocution
considered
less
barbarous
indeed
humane
way
administer
death
penalty
believed
time
result
instantaneous
consequently
painless
death
kemmler
internal
quotation
marks
omitted
also
ruled
kemmler
state
election
carry
death
penalty
electrocution
lieu
hanging
encountered
fourteenth
amendment
shoal
privilege
immunity
citizenship
entailed
discern
deprivation
due
process
plurality
deems
medical
standards
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part
drawn
different
context
ante
medical
professionals
monitor
blood
pressure
heart
rate
however
save
lives
also
reduce
risk
consciousness
otherwise
painful
procedures
considering
constitutionality
kentucky
protocol
depends
guarding
risk
see
supra
ante
plurality
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plurality
reluctance
consider
medical
practice
puzzling
one
advocating
wholesale
incorporation
medical
standards
eighth
amendment
kentucky
easily
monitor
inmate
blood
pressure
heart
rate
without
physician
involvement
medical
professionals
consider
monitoring
important
enough
make
standard
care
medical
practice
remain
persuaded
highly
instructive
petitioners
expert
testified
layperson
tell
visual
observation
paralyzed
inmate
conscious
difficult
even
professional
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kentucky
warden
candidly
admitted
honestly
know
look
keep
protocols
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available
see
brief
american
civil
liberties
union
et
al
amici
curiae
florida
expert
lightbourne
mccollum
per
curiam
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kentucky
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online
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indiana
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inmate
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hearing
length
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risk
inmate
receive
inadequate
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sodium
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warden
deputy
warden
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leaks
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ante
plurality
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line
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