Published on Texas District & County Attorneys Association (http://www.tdcaa.com)
Baze v. Rees - SCOTUS

Kentucky's lethal injection protocol does not violate the 8th Amendment's ban on cruel and unusual punishment because it ooes not create a substantial or objectively intolerable risk of serious harm. The three-drug protocol is not objectively intolerable because it is widely employed by the federal government and other states. Also, the risk of an inadequate initial dose and IV problems are not so substantial or imminent to violate the 8th Amendment because of the safeguards in place. In addition, there is no feasible, alternative method that can be readily implemented which can significantly reduce the risk of severe pain. Baze v. Rees, No. 07–5439 [1].

Source URL: http://www.tdcaa.com/node/2465

Links:
[1] http://www.supremecourtus.gov/opinions/07pdf/07-5439.pdf