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The Road to Abolition?The Future of Capital Punishment in the United States$
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Charles J. Jr. Ogletree and Austin Sarat

Print publication date: 2009

Print ISBN-13: 9780814762172

Published to NYU Press Scholarship Online: March 2016

DOI: 10.18574/nyu/9780814762172.001.0001

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PRINTED FROM NYU Press SCHOLARSHIP ONLINE (www.nyu.universitypressscholarship.com). (c) Copyright University of NYU Press Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in NYSO for personal use.date: 27 September 2021

For Execution Methods Challenges, the Road to Abolition Is Paved with Paradox

For Execution Methods Challenges, the Road to Abolition Is Paved with Paradox

Chapter:
(p.183) 6 For Execution Methods Challenges, the Road to Abolition Is Paved with Paradox
Source:
The Road to Abolition?
Author(s):

Deborah W. Denno

Publisher:
NYU Press
DOI:10.18574/nyu/9780814762172.003.0006

This chapter examines recent challenges to lethal injection methods in relation to debates about the death penalty in the United States. In particular, it considers how lethal injection challenges have contributed to the reduction in the number of executions and suggests that the oft-perceived link between execution methods litigation and the potential abolition of the death penalty is a double-edged sword. While lethal injection challenges may encourage “deeper reflection” about the death penalty in general, the chapter argues that such reflection leads judges to uphold methods of execution. To prove its case, the chapter cites the Supreme Court ruling in Baze v. Rees regarding the constitutionality of Kentucky's execution protocols. Finally, it discusses some of the lessons learned from lethal injection challenges.

Keywords:   lethal injection, death penalty, United States, execution, litigation, abolition of death penalty, Supreme Court, Baze v. Rees, constitutionality, Kentucky

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