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The South Carolina Supreme Court has ruled that the state’s death penalty, which includes a firing squad, lethal injection, and the electric chair, is legal. This decision paves the way for the resumption of executions in South Carolina after more than a decade.
South Carolina Supreme Court Rules State Death Penalty Including Firing Squad is Legal
The South Carolina Supreme Court has ruled that the state’s death penalty, which now includes a firing squad along with lethal injection and the electric chair, is legal. This landmark decision opens the door to resuming executions in a state that has not carried out an execution since 2011. The ruling, delivered on Wednesday, saw all five justices agree on at least part of the decision, although there was some disagreement on specific methods of execution.
Details of the Ruling
The ruling is significant as it confirms the legality of three execution methods: lethal injection, the electric chair, and the firing squad. Associate Justice John Few, writing for the majority, emphasized that the law’s provision of multiple execution methods reflects an effort to minimize pain and ensure a humane process. Few stated, “Choice cannot be considered cruel because the condemned inmate may elect to have the State employ the method he and his lawyers believe will cause him the least pain.”
However, two justices expressed reservations about the firing squad and the electric chair. One justice argued that the electric chair constitutes cruel and unusual punishment, which is prohibited by the Constitution. Despite these differing opinions, the overall consensus upheld the state’s death penalty laws.
Background and Legal Context
South Carolina has a long history with the death penalty, having executed 43 inmates since the death penalty was reinstated in the United States in 1976. Nearly all of these inmates chose lethal injection. However, since 2011, the state has faced difficulties in obtaining the necessary drugs for lethal injections, primarily due to pharmaceutical companies refusing to sell the drugs if they could be publicly identified. This impasse led to the expiration of the state’s lethal injection drug supplies.
In response, South Carolina lawmakers authorized the creation of a firing squad in 2021, providing inmates with a choice between this method and the electric chair. Inmates subsequently sued, arguing that both options constituted cruel and unusual punishment.
Shield Law and Lethal Injection Protocols
To address these concerns, the South Carolina Legislature passed a shield law in the spring of 2023. This law allows the state to keep the suppliers of lethal injection drugs confidential. In September, the state announced it had acquired the sedative pentobarbital and would switch from a three-drug lethal injection protocol to a single-drug method. The Supreme Court permitted inmates to argue that the shield law was overly secretive by not disclosing the potency, purity, and stability of the lethal injection drugs.
Current Status and Implications
South Carolina currently has 32 inmates on death row. Of these, eight inmates have exhausted their traditional appeals, although two of them are awaiting competency hearings. The timing of when executions might resume remains unclear, as legal challenges could continue.
The state has argued that all three methods—lethal injection, electrocution, and firing squad—comply with existing death penalty protocols. Grayson Lambert, a lawyer for Governor Henry McMaster’s office, noted that courts have never required executions to be instantaneous or painless.
Opposition and Concerns
Lawyers for the inmates have raised significant concerns about the potential pain associated with the execution methods. Circuit Judge Jocelyn Newman previously halted executions by electric chair or firing squad, citing expert testimony that these methods could cause severe pain. For instance, experts testified that the electric chair, built in 1912, could “cook” a prisoner’s body with 2,000 volts of electricity, while a firing squad could result in intense pain if the shooters missed the heart.
On the issue of the shield law, inmate attorneys argued for the necessity of transparency regarding the lethal injection drugs. They stressed the importance of knowing the regular supplier of the drug, its shelf life, and the guidelines for testing the drug’s potency and purity. If the drug is too weak, inmates might suffer without dying; if too strong, it could cause severe pain.
Historical and Future Context
South Carolina used to execute an average of three inmates per year, with over 60 inmates on death row during its peak. However, the number has dwindled due to successful appeals and natural deaths, reducing the death row population to 32. Prosecutors have sent only three new prisoners to death row in the past 13 years. Rising costs, the difficulty in obtaining lethal injection drugs, and more vigorous defenses have led prosecutors to accept guilty pleas and life sentences without parole more frequently.
Conclusion
The South Carolina Supreme Court’s ruling marks a pivotal moment in the state’s handling of the death penalty. While the decision to include a firing squad as an execution method is controversial, it reflects ongoing efforts to address the complexities and challenges of capital punishment. As South Carolina moves forward, the legal and ethical debates surrounding the death penalty are likely to continue, shaping the future of justice and punishment in the state.
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