Lethal injection procedure violates Montana constitution, judge rules
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September 19, 2012
Montana: Judge Jeffrey M. Sherlock ruled last week that Montana's procedure of lethal injection, which has been implemented since 1976, is in violation of the state's constitution. In the beginning of his written decision Judge Sherlock points out that "The case does not challenge the constitutionality of the death penalty - it only concerns the protocol used by the State of Montana."
The ruling went in favor of the two plaintiffs who are inmates on death row for murder. The decision, however, does not prevent them from receiving the death penalty. The inmates only wish that the penalty be administered in a "more humane and painless fashion."[1]
The protocol
The current execution protocol calls for the administration of sodium pentothal, pancuronuim bromide, and potassium chloride. Each agent serves to lesson or prevent the subject from feeling pain, but if administered incorrectly or in the wrong order it could cause burning and severe pain. Judge Sherlock found there to be to an increase of risk of error or confusion with the three drug process. Considering this and other aspects of the process, Sherlock ruled that the protocol violated Article II, sections 4 and 22 of the Montana Constitution.[1]
| “ | Section 4: The dignity of the human being is inviolable. No person shall be denied the equal protection of the laws. Neither the state nor any person, firm, corporation, or institution shall discriminate against any person in the exercise of his civil or political rights on account of race, color, sex, culture, social origin or condition, or political or religious ideas.
Section 22: Excessive bail shall not be required, or excessive fines imposed, or cruel and unusual punishments inflicted.[2] |
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The ruling has put an effective hold on Montana executions until the state can create a new protocol.[3]
See also
- News: Arkansas Supreme Court strikes down state's execution law, June 22, 2012
- News: Federal Judge denies preliminary injunction delaying execution, February 24th, 2012
- News: Legality of Nebraska's purchase of lethal injection drug questioned, January 11, 2012
- News: Governor Kitzhaber puts hold on Oregon executions, November 25, 2011
- News: North Carolina high court ends one legal challenge to capital punishment, October 13, 2011
- News: South Dakota man's death penalty case moves closer to execution, August 15, 2011
- News: Ohio will temporarily stop executions, July 19, 2011
- News: Texas execution of Mexican national results in international uproar, July 15, 2011
- News: Opponents of death penalty appeal to Oregon Supreme court to reverse ruling, June 13, 2011
Footnotes
- ↑ 1.0 1.1 Cause No. BDV-2008-303: Rodney Allen Smith and William J. Gollehon v. State of Montana, Dept. of Corrections
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ The Washington Post, "Montana judge strikes down state execution method," September 9, 2012
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