glass
louisiana
argued
decided
april
rehearing
denied
june
see
petition
writ
certiorari
louisiana
petition
writ
certiorari
denied
justice
brennan
justice
marshall
joins
dissenting
denial
certiorari
petitioner
jimmy
glass
condemned
death
causing
pass
body
person
convicted
current
electricity
sufficient
intensity
cause
death
application
continuance
current
body
person
convicted
person
dead
west
glass
contends
electrocution
causes
gratuitous
infliction
unnecessary
pain
suffering
comport
evolving
standards
human
dignity
glass
louisiana
method
officially
sponsored
execution
therefore
violates
eighth
fourteenth
amendments
pet
cert
louisiana
held
claim
must
summarily
rejected
pursuant
clearly
established
principles
law
observed
event
claim
wholly
lacking
medical
scientific
merit
adhere
view
death
penalty
circumstances
cruel
unusual
punishment
prohibited
eighth
fourteenth
amendments
gregg
georgia
brennan
dissenting
therefore
grant
certiorari
vacate
glass
death
sentence
event
one
reasons
adhere
view
belief
physical
mental
suffering
inherent
method
execution
uniquely
degrading
human
dignity
combined
arbitrariness
capital
punishment
imposed
trend
enlightened
opinion
availability
less
severe
penological
alternatives
death
penalty
always
unconstitutional
furman
georgia
even
thought
otherwise
however
vote
grant
certiorari
glass
petition
presents
important
unsettling
question
cuts
heart
eighth
amendment
cruel
unusual
punishments
clause
question
demands
measured
judicial
consideration
officially
sponsored
executions
carried
since
decision
gregg
georgia
supra
means
electrocution
since
gregg
number
condemned
prisoners
contended
electrocution
cruel
barbaric
method
extinguishing
human
life
per
se
compared
available
means
execution
case
claims
uniformly
summarily
typically
strength
opinion
kemmler
authorized
state
new
york
proceed
first
electrocution
years
ago
kemmler
however
grounded
number
constitutional
premises
long
since
rejected
factual
assumptions
appear
withstood
test
experience
believe
time
come
measure
electrocution
contemporary
eighth
amendment
principles
electrocution
means
killing
criminals
first
authorized
new
york
legislature
resulted
lengthy
investigation
identify
humane
practical
method
known
modern
science
carrying
effect
sentence
death
capital
cases
kemmler
supra
rejected
constitutional
attack
new
york
statute
william
kemmler
scheduled
first
person
put
death
electrocution
emphasized
eighth
amendment
applicable
decision
state
courts
sustaining
validity
act
state
constitution
reexaminable
dicta
also
followed
historical
interpretation
cruel
unusual
punishment
clause
governed
executions
carried
federal
government
suggesting
constitutionality
particular
means
execution
determined
reference
contemporary
norms
time
bill
rights
adopted
see
addition
approvingly
observed
state
concluded
within
easy
reach
electrical
science
day
generate
apply
person
convict
current
electricity
known
sufficient
force
certainly
produce
instantaneous
therefore
painless
death
emphasis
added
state
federal
courts
recurrently
cite
kemmler
conclusively
resolved
electrocution
constitutional
method
extinguishing
life
accordingly
factual
legal
consideration
issue
unnecessary
see
supra
kemmler
clearly
antiquated
authority
well
established
eighth
amendment
applies
fourteenth
amendment
see
gregg
georgia
opinion
stewart
powell
stevens
jj
robinson
california
moreover
long
ago
rejected
kemmler
historical
interpretation
cruel
unusual
punishments
clause
emphasizing
instead
prohibitions
clause
confine
penalties
punishment
inflicted
stuarts
weems
ime
works
changes
brings
existence
new
conditions
purposes
therefore
principle
vital
must
capable
wider
application
mischief
gave
birth
clause
thus
expansive
vital
character
draw
meaning
evolving
standards
decency
mark
progress
maturing
society
trop
dulles
plurality
opinion
accordingly
eighth
amendment
claims
must
evaluated
light
contemporary
human
knowledge
robinson
california
supra
rather
reliance
factual
premises
may
longer
accurate
sure
legislative
decisions
concerning
appropriate
forms
punishment
entitled
considerable
deference
common
constitutional
guarantees
evident
legislative
judgments
alone
determinative
eighth
amendment
standards
since
amendment
intended
safeguard
individuals
abuse
legislative
power
gregg
georgia
supra
opinion
stewart
powell
stevens
jj
see
also
weems
supra
constitution
contemplates
end
judgment
brought
bear
question
acceptability
challenged
punishment
guided
objective
factors
maximum
possible
extent
coker
georgia
plurality
opinion
thus
firmly
within
historic
process
constitutional
adjudication
courts
consider
discriminating
evaluation
available
evidence
whether
particular
means
carrying
death
penalty
barbaric
unnecessary
light
currently
available
alternatives
furman
georgia
powell
dissenting
objective
factors
courts
evaluate
constitutionality
challenged
method
punishment
first
foremost
eighth
amendment
prohibits
unnecessary
wanton
infliction
pain
gregg
georgia
supra
opinion
stewart
powell
stevens
see
also
coker
georgia
supra
plurality
opinion
punishment
excessive
nothing
purposeless
needless
imposition
pain
suffering
louisiana
ex
rel
francis
resweber
traditional
humanity
modern
law
forbids
infliction
unnecessary
pain
execution
death
sentence
never
accepted
proposition
notions
deterrence
retribution
might
legitimately
served
infliction
pain
beyond
minimally
necessary
terminate
individual
life
thus
explaining
obvious
unconstitutionality
ancient
practices
disembowelling
alive
drawing
quartering
public
dissection
burning
alive
stake
crucifixion
breaking
wheel
emphasized
eighth
amendment
forbids
inhuman
barbarous
methods
execution
go
beyond
mere
extinguishment
life
cause
torture
lingering
death
kemmler
beyond
debate
amendment
proscribes
forms
unnecessary
cruelty
cause
gratuitous
terror
pain
disgrace
wilkerson
utah
otto
eighth
amendment
protection
dignity
man
trop
dulles
supra
plurality
opinion
extends
beyond
prohibiting
unnecessary
infliction
pain
extinguishing
life
civilized
standards
example
require
minimization
physical
violence
execution
irrespective
pain
violence
might
inflict
condemned
see
royal
commission
capital
punishment
report
hereinafter
royal
commission
report
similarly
basic
notions
human
dignity
command
state
minimize
mutilation
distortion
condemned
prisoner
body
ibid
principles
explain
eighth
amendment
prohibition
barbaric
practices
drawing
quartering
see
wilkerson
utah
supra
otto
evaluating
constitutionality
challenged
method
capital
punishment
courts
must
determine
whether
factors
discussed
unnecessary
pain
violence
inherent
method
punishment
louisiana
ex
rel
francis
resweber
supra
emphasis
added
single
unforeseeable
accident
carrying
execution
establish
method
execution
unconstitutional
cf
estelle
gamble
thus
louisiana
ex
rel
francis
resweber
supra
allowed
state
proceed
second
effort
electrocute
prisoner
mechanical
failure
interrupted
first
attempt
emphasized
initial
failure
unforeseeable
accident
justice
frankfurter
concurrence
stressed
failure
innocent
misadventure
different
case
presented
however
confronted
series
abortive
attempts
eighth
amendment
requires
much
humanly
possible
chosen
method
execution
minimize
risk
unnecessary
pain
violence
mutilation
method
execution
satisfy
causes
torture
lingering
death
significant
number
cases
kemmler
unnecessary
cruelty
inheres
method
execution
method
violates
cruel
unusual
punishments
clause
ii
contemporary
courts
summarily
rejected
constitutional
challenges
electrocution
evidence
respecting
method
killing
people
tested
adversarial
truthfinding
process
considerable
empirical
evidence
eyewitness
testimony
however
correct
appear
demonstrate
electrocution
violates
every
one
principles
set
forth
evidence
suggests
death
electrical
current
extremely
violent
inflicts
pain
indignities
far
beyond
mere
extinguishment
life
ibid
witnesses
routinely
report
switch
thrown
condemned
prisoner
cringes
leaps
straps
amazing
strength
hands
turn
red
white
cords
neck
stand
like
steel
bands
prisoner
limbs
fingers
toes
face
severely
contorted
force
electrical
current
powerful
prisoner
eyeballs
sometimes
pop
rest
cheeks
prisoner
often
defecates
urinates
vomits
blood
drool
body
turns
bright
red
temperature
rises
prisoner
flesh
swells
skin
stretches
point
breaking
sometimes
prisoner
catches
fire
particularly
perspires
excessively
witnesses
hear
loud
sustained
sound
like
bacon
frying
sickly
sweet
smell
burning
flesh
permeates
chamber
smell
frying
human
flesh
immediate
neighbourhood
chair
sometimes
bad
enough
nauseate
even
press
representatives
present
meantime
prisoner
almost
literally
boils
temperature
brain
approaches
boiling
point
water
postelectrocution
autopsy
performed
liver
hot
doctors
said
touched
human
hand
body
frequently
badly
burned
violence
killing
prisoners
electrical
current
frequently
explained
away
assumption
death
circumstances
instantaneous
painless
assumption
however
fact
open
serious
question
matter
sharp
conflict
expert
opinion
throughout
century
number
distinguished
electrical
scientists
medical
doctors
argued
available
evidence
strongly
suggests
electrocution
causes
unspeakable
pain
suffering
current
flows
along
restricted
path
body
destroys
tissue
confronted
path
meantime
vital
organs
may
preserved
pain
great
us
imagine
induced
sufferer
time
stands
still
excruciating
torture
seems
last
eternity
rota
renowned
french
electrical
scientist
concluded
extensive
research
every
case
electrocution
death
inevitably
supervenes
may
long
excruciatingly
painful
space
time
death
supervenes
varies
according
subject
greater
physiological
resistance
others
believe
anyone
killed
electrocution
dies
instantly
matter
weak
subject
may
certain
cases
death
come
even
though
point
contact
electrode
body
shows
distinct
burns
thus
particular
cases
condemned
person
may
alive
even
conscious
several
minutes
without
possible
doctor
say
whether
victim
dead
method
execution
form
torture
although
open
question
whether
extent
individual
feels
pain
upon
electrocution
serious
dispute
numerous
cases
death
far
instantaneous
whether
shoddy
technology
poorly
trained
personnel
inherent
differences
physiological
resistance
condemned
prisoners
electrical
current
see
supra
inescapable
fact
history
electrocution
country
characterized
repeated
failures
swiftly
execute
resulting
need
send
recurrent
charges
condemned
prisoners
ensure
deaths
first
electrocution
required
multiple
attempts
death
cultural
lore
filled
examples
tempted
electrocutions
restaged
discovered
condemned
tenaciously
clung
life
attending
physicians
routinely
acknowledge
electrocutions
must
often
repeated
order
ensure
death
difficult
imagine
procedures
constitute
anything
less
death
installments
form
torture
rival
burning
stake
louisiana
ex
rel
francis
resweber
burton
dissenting
pattern
death
installments
means
confined
bygone
decades
one
eyewitness
account
alabama
electrocution
john
louis
evans
april
first
jolt
volts
electricity
passed
evans
body
lasted
thirty
seconds
sparks
flames
erupted
electrode
tied
evans
left
leg
body
slammed
straps
holding
electric
chair
fist
clenched
permanently
electrode
apparently
burst
strap
holding
place
large
puff
greyish
smoke
sparks
poured
hood
covered
evans
face
overpowering
stench
burnt
flesh
clothing
began
pervading
witness
room
two
doctors
examined
evans
declared
dead
electrode
left
leg
refastened
sic
evans
administered
second
thirty
ond
jolt
electricity
stench
burning
flesh
nauseating
smoke
emanated
leg
head
doctors
examined
evans
doctors
reported
heart
still
beating
still
alive
time
asked
prison
commissioner
communicating
open
telephone
line
governor
george
wallace
grant
clemency
grounds
evans
subjected
cruel
unusual
punishment
request
clemency
denied
third
charge
electricity
thirty
seconds
duration
passed
evans
body
doctors
pronounced
dead
execution
john
evans
took
fourteen
minutes
similarly
scene
georgia
electrocution
alpha
otis
stephens
last
december
first
charge
electricity
administered
today
alpha
otis
stephens
georgia
electric
chair
failed
kill
struggled
breathe
eight
minutes
second
charge
carried
death
sentence
murdering
man
interrupted
burglary
seconds
mask
placed
head
first
charge
applied
causing
body
snap
forward
fists
clench
body
slumped
current
stopped
two
minutes
later
shortly
afterward
witnesses
saw
struggle
breathe
six
minutes
allowed
body
cool
doctors
examine
stephens
took
breaths
two
doctors
examined
said
alive
second
charge
administered
stephens
conductor
electricity
georgia
prison
official
said
thus
considerable
evidence
death
electrocution
causes
far
mere
extinguishment
life
kemmler
evidence
correct
raise
substantial
question
whether
electrocution
violates
eighth
amendment
several
respects
first
electrocution
appears
inflict
unnecessary
wanton
pain
cruelty
cause
torture
lingering
death
least
significant
number
cases
gregg
georgia
opinion
stewart
powell
stevens
jj
kemmler
supra
second
physical
violence
mutilation
accompany
method
execution
seem
violate
basic
dignity
man
trop
dulles
plurality
opinion
finally
even
electrocution
invariably
produce
pain
indignities
apparent
pattern
abortive
attempts
lingering
deaths
suggests
method
execution
carries
unconstitutionally
high
risk
causing
atrocities
louisiana
ex
rel
francis
resweber
frankfurter
concurring
see
also
supra
features
electrocution
seem
inherent
method
punishment
render
per
se
cruel
unusual
therefore
forbidden
eighth
amendment
louisiana
ex
rel
francis
resweber
supra
moreover
commentators
medical
experts
urged
currently
available
means
forms
lethal
gas
purpose
extinguishing
life
surer
swifter
less
violent
humane
manner
several
state
legislatures
abandoned
electrocution
favor
lethal
injection
reasons
one
architects
change
emphasized
resulted
precisely
recognition
electric
chair
barbaric
torture
device
electrocution
gruesome
ritual
rejected
electrocution
favor
use
lethal
gas
arguments
humanity
dignity
method
officially
sponsored
executions
constitutional
contradiction
terms
see
supra
moreover
significant
evidence
executions
lethal
least
administered
gas
chamber
least
administered
lethal
injections
risks
pain
indignity
prolonged
suffering
concluded
death
penalty
abstract
consistent
evolving
standards
decency
mark
progress
maturing
society
trop
dulles
plurality
opinion
courts
avoid
eighth
amendment
proscription
unnecessary
wanton
infliction
pain
carrying
penalty
simply
relying
century
precedents
appear
rested
inaccurate
factual
assumptions
longer
embody
meaning
amendment
gregg
georgia
supra
opinion
stewart
powell
stevens
reasons
set
forth
urgent
question
whether
electrocution
fact
humane
method
extinguishing
human
life
instead
nothing
less
contemporary
technological
equivalent
burning
people
stake
footnotes
eighth
amendment
provides
excessive
bail
shall
required
excessive
fines
imposed
cruel
unusual
punishments
inflicted
emphasis
added
see
american
civil
liberties
union
census
mar
prevalence
electrocution
see
also
death
penalty
america
bedau
hereinafter
bedau
gardner
executions
eighth
amendment
assessment
methods
inflicting
capital
punishment
ohio
see
sullivan
dugger
order
spinkellink
wainwright
cert
denied
dix
newsome
nd
mitchell
hopper
supp
sd
supp
op
sub
nom
ross
hopper
aff
part
vacated
part
grounds
sub
nom
spencer
zant
aff
part
rev
part
grounds
mccorquodale
balkcom
nd
aff
part
rev
part
rehearing
cert
denied
ruiz
state
ark
cert
denied
booker
state
cert
denied
godfrey
francis
cert
denied
state
shaw
cert
denied
martin
commonwealth
see
report
commission
investigate
report
humane
practical
method
carrying
effect
sentence
death
capital
cases
transmitted
legislature
state
new
york
see
generally
bedau
lawes
life
death
sing
sing
hereinafter
lawes
teeters
hang
neck
hereinafter
teeters
beichman
first
electrocution
commentary
contemporary
observers
described
electrical
execution
law
means
ensure
euthanasia
electricity
concluded
challenged
statute
reviewable
determine
whether
enactment
within
legitimate
sphere
legislative
power
state
observance
general
rules
prescribed
systems
jurisprudence
see
also
mcelvaine
brush
see
also
estelle
gamble
methods
punishment
trangress
contemporary
idealistic
concepts
dignity
civilized
standards
humanity
decency
otherwise
cruel
unusual
punishments
clause
rendered
little
good
advice
trop
dulles
plurality
opinion
ts
general
principles
little
value
converted
precedent
impotent
lifeless
formulas
weems
see
furman
georgia
burger
dissenting
dominant
theme
eighth
amendment
debates
ends
criminal
laws
justify
use
measures
extreme
cruelty
achieve
see
also
brennan
concurring
powell
dissenting
approve
method
implementation
death
sentence
found
involve
unnecessary
cruelty
light
presently
available
alternatives
louisiana
ex
rel
francis
resweber
burton
dissenting
taking
human
life
unnecessarily
cruel
means
shocks
fundamental
instincts
civilized
man
possible
constitutional
procedure
people
consideration
execution
shall
instantaneous
substantially
painless
punishment
shall
reduced
nearly
possible
death
issue
resweber
whether
repeated
attempts
electrocute
person
unconstitutional
whether
electrocution
per
se
cruel
unusual
punishment
plurality
obviously
believed
electrocution
abstract
constitutionally
forbidden
even
dissent
assumed
electrocution
generally
instantaneous
painless
present
constitutional
difficulties
burton
dissenting
emphasized
procedural
contexts
eighth
amendment
requires
feasible
measures
taken
minimize
risk
mistakes
administering
capital
punishment
see
zant
stephens
eddings
oklahoma
concurring
see
also
royal
commission
report
importance
determining
method
execution
likely
avoid
mishaps
details
concerning
actual
process
electrocution
widely
known
primarily
executions
carried
private
witnesses
pictures
allowed
newspaper
accounts
newspaper
requirements
taste
sparing
detail
hearings
et
al
subcommittee
house
committee
judiciary
hereinafter
hearings
see
also
furman
georgia
supra
brennan
concurring
camus
reflections
guillotine
resistance
rebellion
death
man
enjoys
coffee
reading
justice
done
spit
least
detail
technical
aspects
electrocution
briefly
stated
authorities
bind
condemned
wooden
chair
leather
straps
affix
electrodes
shaven
head
right
leg
partially
cover
face
mask
switch
thrown
initial
voltage
amperage
sent
hurtling
prisoner
body
voltage
amperage
subsequently
lowered
reapplied
various
intervals
prisoner
dead
lawes
hearings
subcommittee
criminal
laws
procedures
senate
committee
judiciary
hereinafter
hearings
statement
clinton
duffy
former
warden
san
quentin
lawes
hearings
see
also
teeters
figure
chair
gives
one
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lurch
straps
every
muscle
contracting
straining
seen
mouth
crimson
quoting
amos
squire
sing
sing
prison
lawes
duff
handbook
hanging
hereinafter
duff
force
blow
condemned
prisoner
receives
easily
understood
realized
amount
electricity
transferred
mechanical
power
equivalent
per
minute
enough
electrical
energy
light
lights
average
home
lawes
hearings
statement
clinton
duffy
see
also
rubin
cruel
unusual
punishment
death
penalty
crime
delinquency
addition
force
current
strong
sometimes
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ruptures
prisoner
heart
duff
tyler
electrocution
spectator
sport
fact
apr
see
also
hearings
statement
clinton
duffy
gardner
ohio
supra
hearings
statement
clinton
duffy
see
also
bishop
executions
legal
ways
death
rubin
crime
delinquency
supra
see
also
hearings
teeters
tyler
fact
supra
one
veteran
observer
commented
greenhorns
sit
first
row
sit
behind
smell
bad
see
generally
hearings
statement
clinton
duffy
bedau
teeters
rubin
crime
delinquency
supra
duff
lawes
hearings
statement
clinton
duffy
electrodes
making
contact
may
reach
temperature
high
enough
melt
copper
degrees
fahrenheit
average
body
temperature
neighbourhood
degrees
fahrenheit
lawes
bedau
hearings
statement
clinton
duffy
lawes
teeters
hearings
note
death
penalty
cases
rev
one
knows
whether
electrocuted
individuals
retain
consciousness
dead
hearings
see
also
bedau
general
introduction
capital
punishment
mccafferty
ed
scott
history
capital
punishment
teeters
quoting
nicola
tesla
quoted
duff
see
also
lawes
resisting
power
human
body
high
requires
voltage
comparatively
large
small
depending
entirely
upon
resistance
contacts
force
amount
current
circuit
body
contacts
constitutes
resistance
see
duff
experience
proves
human
beings
vary
enormously
powers
resistance
electrocution
depends
upon
strength
current
upon
voltage
pressure
hence
several
shocks
may
required
produce
medical
experts
reasonably
define
death
means
doctors
stand
stethoscopes
ready
apply
victim
chest
given
one
doses
current
emphasis
original
see
generally
teeters
beichman
commentary
supra
george
westinghouse
founder
westinghouse
electric
company
thought
job
better
axe
voices
death
xxxii
mackey
ed
hereinafter
voices
death
new
york
press
asserted
age
burning
stake
past
age
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wire
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beichman
supra
another
newspaper
editorialized
improbable
first
prove
last
spitzka
celebrated
expert
present
unhesitatingly
pronounced
experiment
failure
declared
belief
law
repealed
experiments
made
electricity
means
execution
teeters
note
harvard
law
review
time
suggested
judicial
approval
electrocution
might
well
changed
light
subsequent
experiment
elliott
agent
death
hereinafter
elliott
see
generally
bedau
duff
pritchard
history
capital
punishment
teeters
gardner
ohio
supra
hearings
robert
elliott
sing
sing
time
electrocutioner
described
memoirs
number
failed
attempts
electrocute
prisoners
see
especially
elliott
fred
heart
larger
person
electrocuted
time
still
beating
alive
one
thing
put
chair
pass
current
body
dead
describing
execution
another
condemned
prisoner
six
shocks
necessary
pronounced
dead
noted
instance
phenomenon
occurred
ethel
rosenberg
electrocuted
treason
five
consecutive
attempts
required
finally
died
fourth
shock
guards
removed
one
two
straps
two
doctors
applied
stethoscopes
satisfied
dead
executioner
came
switchboard
small
room
feet
chair
another
asked
doctors
nodded
guards
replaced
straps
fifth
time
electricity
applied
duff
emphasis
original
see
also
howells
state
manslaughter
voices
death
imagined
electricity
fail
kill
instantly
much
less
criminal
become
state
peculiar
care
ineffectually
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froth
mouth
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bonds
writhings
agony
almost
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give
smell
burning
flesh
invited
guest
often
made
sick
stomach
loathsome
atrocious
fact
yet
happened
execution
death
sentences
since
consecration
electric
chair
hallowed
office
axe
noose
screw
happened
often
least
become
used
reading
tranquilly
accepted
generally
managed
reconcile
record
frothing
burning
writhing
learning
scientific
gentleman
educated
electrician
side
wall
made
right
discharging
another
thousand
two
thousand
volts
body
erring
brother
putting
finally
misery
amos
squires
years
officiating
doctor
electrocutions
conducted
sing
sing
observed
current
cut
doctor
stethoscope
listens
listens
grow
fainter
fainter
brief
interval
passes
switch
thrown
contact
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doctor
listens
seldom
pulse
time
teeters
emphasis
added
see
also
often
takes
several
shocks
high
voltage
finally
convince
attending
often
must
rely
executioner
give
victim
actually
dead
louisiana
execution
willie
francis
remains
notorious
example
botched
manner
many
electrocutions
conducted
see
generally
berkson
concept
cruel
unusual
punishment
prettyman
death
sheriff
harold
resweber
described
first
attempted
electrocution
follows
electrocutioner
turned
switch
willie
francis
lips
puffed
groaned
jumped
chair
came
floor
apparently
switch
turned
twice
condemned
man
yelled
let
breath
sic
burton
dissenting
another
witness
gave
account
aborted
attempt
saw
electrocutioner
turn
switch
saw
lips
puff
swell
body
tensed
stretched
heard
one
charge
yell
man
outside
juice
saw
willie
francis
dying
one
outside
yelled
back
giving
willie
francis
cried
let
breath
sic
took
hood
eyes
unstrapped
boy
really
got
shock
turned
machine
ibid
affidavit
russell
canan
june
attached
pet
cert
cols
times
see
bedau
gardner
ohio
supra
see
also
royal
commission
report
gardner
ohio
supra
quoting
texas
ben
grant
see
hearings
hearings
teeters
gardner
ohio
supra
see
chaney
heckler
rev
royal
commission
report
gardner
ohio
supra