Crimescribe

So, the State of South Carolina (previously responsible for executing then exonerating 14-year old George Stinney)   is considering dusting off Old Sparky. Difficulties in obtaining lethal injection drugs have caused a backlog on Death Row. South Carolina has numerous condemned inmates, wants to start executing them, but can’t obtain the legally-approved means to do it.

A number of drug companies (Pfizer among others), no longer sell drugs for the purpose of executing people. Negative publicity has affected their bottom line, so it’s simply unprofitable to keep doing so. European drug companies also face the European Union’s declared opposition to the death penalty and have felt pressured into withdrawing their supply.

One of the reasons for introducing lethal injection in the first place was, its supporters claimed, to provide a more humane (or less inhumane) method to replace the gas chambers, gallows, firing squads and electric chairs once so popular in dispensing death on demand. This also helped sidestep legal challenges to executions, particularly those citing the 8th Amendment outlawing cruel and unusual punishment. That wasn’t a problem for the pro-execution lobby, either.

That discussing more humane methods allows some legislators and supporters to evade discussing executions per se is no great secret. From the pro lobby point of view it’s often easier to avoid debating abolition simply by diverting attention to killing them nicely instead. A debatable concept if ever there was one, but a useful dodge when needed.

Despite lethal injection being introduced (allegedly) to make death more humane, it seems several states are quite willing to discuss reinstating the same methods they cited as outdated and passe. As its boosters claimed at the time, lethal injection would do away with horrific spectacles like those of James Wells in Arkansas’s electric chair or Donald Harding in Arizona’s gas chamber. Botches like that of Clayton Lockett in Oklahoma have already proved it every bit as unreliable a method as any other. Prisoners still die, granted, but not always quickly, cleanly or humanely.

Part of South Carolina’s problem (aside from the drug boycott) lies in its own execution laws. Lethal injection is the norm unless an inmate specifically chooses electrocution and (rather inconveniently) inmates aren’t choosing to ride the lightning. Unless they do, lethal injection is the only available method under State law.

The  combination of the drug shortage and intransigent inmates has led Republican State Senator William Timmons to champion a return to Sparky’s revenge instead. The idea is currently in committee at the State Senate and will be discussed further. Timmons is also pushing for a ‘shield law’ to stop identification of drug companies supplying lethal injection drugs in an effort to encourage new suppliers.

South Carolina is the latest in a long line of States to reinstate defunct methods or consider doing so. Virginia’s Governor vetoed restoring the electric chair, but allowed secretly importing execution drugs instead. Tennessee has already returned Old Sparky to active service. One Missouri legislator called for a return to their gas chamber. Oklahoma is considering using a nitrogen gas chamber instead of cyanide.

Nebraska was caught trying import generic drugs not approved by the Federal Drug Administration, as was Arizona. Other States including Ohio and Texas have been warned about similar efforts.The thought of an inmate giggling their way into the grave does seem off-putting at best. The irony of killing to protect the sanctity of human life and uphold the law by breaking it seems lost on them. By cloaking drug suppliers in anonymity the ‘shield law’ makes such abuses easier.

The attitude of the pro-death lobby seems to be hardening under pressure from abolitionists and increasing public opposition. From once touting lethal injection as more  humane than electrocution, gas, shooting or hanging,  the new attitude is blunter and more hard-line;

‘If we can’t kill in the way we touted as better, we’ll simply kill with something worse.’