Lethal Injection and the Problem of Constitutional Remedies

Abstract

Death row inmates around the country have challenged the constitutionality of the lethal injection procedures by which they will be executed. This litigation often turns up serious problems, which create a significant risk that the inmate will suffer an excruciating death in apparent violation of the Eighth Amendment's prohibition against "cruel and unusual punishment."1 With a few notable exceptions, however, courts have been reluctant to intervene, explicitly deferring to state officials responsible for these procedures and upholding the execution protocols.