We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
IF AT FIRST YOU DON'T SUCCEED: CONSTITUTIONAL CHALLENGES TO SECOND EXECUTION ATTEMPTS.
- Authors
Wilson, Kristina
- Abstract
In states where the death penalty is still legal, lethal injection is the preferred method of execution, despite the fact that it has the highest rate of error of any execution method used in the United States. Increased media attention on lethal injection errors and death penalty issues in general has illuminated a number of issues that the Supreme Court has thus far declined to address. The Court's hesitance to hear death penalty challenges has resulted in a number of unanswered questions. This Note attempts to address one of those unanswered questions--if a prisoner survives a botched execution, what constitutional challenges might the prisoner raise? Using Rommell Broom's case as a proxy, this Note predicts the relative success or failure of a similarly situated defendant's claims brought pursuant to the Eighth and Fifth Amendments. Although it is likely that challenges brought by survivors of botched executions will be unsuccessful, increased litigation in this area may compel the Supreme Court to finally acknowledge the growing practical and legal issues associated with the implementation of the death penalty.
- Subjects
CAPITAL punishment; LETHAL injection (Execution); LEGAL status of prisoners; CRUEL &; unusual punishment; UNITED States. Constitution. 8th Amendment; DOUBLE jeopardy
- Publication
Wake Forest Law Review, 2018, Vol 53, Issue 1, p211
- ISSN
0043-003X
- Publication type
Article