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United States Supreme Court
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April 16, 2008

Baze v. Rees

Win
Legal Topic
Death penalty: Lethal injection

Summary

U.S. Supreme Court case to review a legal challenge to Kentucky's lethal injection protocol by two double-murderers facing execution. Ralph Baze shot and killed a county sheriff and his deputy in 1992. Thomas Bowling shot and killed a Lexington couple and wounded their two-year-old son in 1990. In a federal lawsuit, they, along with several anti-death penalty groups, claim that the lethal injection process used in 37 states is unconstitutionally cruel and unusual punishment. CJLF joined the case to argue that the Constitution does not guarantee condemned murderers a painless execution and that, properly administered, the lethal injection process is painless. Procedures now in place in Kentucky and elsewhere are sufficient to minimize the chance of error. The Foundation also argues that the delays caused by legal challenges to a method of execution that pro-criminal groups insisted was humane 20 years ago, adds to the pain and suffering of the families of murder victims and denies justice to the law-abiding public. The Supreme Court agreed, and executions should resume shortly in most states. [CJLF brief in PDF.]

Issue Tags

Amicus brief
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