Samuel Alito

Name: Baze v. Rees — Concurrence Alito
Author: Samuel Alito

Baze v. Rees — Concurrence Alito (2008)

Summary

“Baze v. Rees — Concurrence Alito”, published in 2008, is a work by Samuel Alito. It explores elements such as drug protocol, the Eighth Amendment and injection.

Quotes from Baze v. Rees — Concurrence Alito (Samuel Alito)

Samuel Alito, Baze v. Rees — Concurrence Alito (2008)

“ II In order to show that a modification of a lethal injection protocol is required by the Eighth Amendment, a prisoner must demonstrate that the modification would "significantly reduce a substantial risk of severe pain." Ante, at 52 (emphasis added) . Showing merely that a modification would result in some reduction in risk is insufficient. Moreover, an inmate should be required to do more than simply offer the testimony of a few experts or a few studies. Instead, an inmate challenging a method of execution should point to a well-established scientific consensus. ”

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Source: Wikisource

Samuel Alito, Baze v. Rees — Concurrence Alito (2008)

“ Every day, general anesthetics are administered to surgical patients in this country, and if the medical professionals who participate in these surgeries also participated in the anesthetization of prisoners facing execution by lethal injection, the risk of pain would be minimized. But the ethics rules of medical professionals—for reasons that I certainly do not question here—prohibit their participation in executions. ”

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Source: Wikisource

Samuel Alito, Baze v. Rees — Concurrence Alito (2008)

“ Lethal injection was adopted by the Federal Government and 36 States because it was thought to be the most humane method of execution, and petitioners here do not contend that lethal injection should be abandoned in favor of any of the methods that it replaced—execution by electric chair, the gas chamber, hanging, or a firing squad. Since we assume for present purposes that lethal injection is constitutional, the use of that method by the Federal Government and the States must not be blocked by procedural requirements that cannot practicably be satisfied. ”

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Source: Wikisource

Samuel Alito, Baze v. Rees — Concurrence Alito (2008)

“ Indeed, the medical authorities in the Netherlands, where assisted suicide is legal, have recommended against the use of a lethal dose of a barbiturate. An amicus supporting petitioners, Dr. Robert D. Truog, Professor of Medical Ethics and Anesthesiology at Harvard Medical School, has made the following comments about the use of a lethal dose of a barbiturate:
"A number of experts have said that 2 or 3 or 5 g [rams] of pentothal is absolutely going to be lethal. ”

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Source: Wikisource

Samuel Alito, Baze v. Rees — Concurrence Alito (2008)

“ The Court should not produce a de facto ban on capital punishment by adopting method-of-execution rules that lead to litigation gridlock.
Notes
↑ . In making this recommendation, he states that " [t] here is a general understanding among veterinarians that the risk of pain is sufficiently serious that the use of [this] drug should be proscribed when an animal's life is being terminated." Post, at 71. But the American Veterinary Medical Association (AVMA) guidelines take pains to point out that they should not be interpreted as commenting on the execution of humans by lethal injection. ”

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Source: Wikisource

Samuel Alito, Baze v. Rees — Concurrence Alito (2008)

“ My point in citing the Dutch study is not that a multidrug protocol is in fact better than a one-drug protocol or that it is advisable to use pancuronium bromide. Rather, my point is that public policy on the death penalty, an issue that stirs deep emotions, cannot be dictated by the testimony of an expert or two or by judicial findings of fact based on such testimony. ”

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Source: Wikisource

Samuel Alito, Baze v. Rees — Concurrence Alito (2008)

“ I think what they know is that it's actually very difficult to kill someone with just a big dose of a barbiturate. And, in fact, they report that in 6% of those cases, there were problems with completion. ”

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Source: Wikisource

Samuel Alito, Baze v. Rees — Concurrence Alito (2008)

“ We are further informed that " [t] he three factors are interrelated; a strong showing on one reduces the importance of the others." Ibid.
An "untoward" risk is presumably a risk that is "unfortunate" or "marked by or causing trouble or unhappiness." Webster's Third New International Dictionary 2513 (1971) ; Random House Dictionary of the English Language 1567 (1967) . This vague and malleable standard would open the gates for a flood of litigation that would go a long way toward bringing about the end of the death penalty as a practical matter. ”

Samuel Alito

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