Argument: Georgia's refusal to reveal information about its methods and processes in lethal injections violates due process rights.
Evidence:
- Georgia's use of non-FDA approved drugs in recent lethal injections caused two death row inmates to experience "significant pain and suffering," and caused another inmate to experience "tremendous suffering" according to witnesses.
- Georgia is gathering its chemicals from non-FDA regulated sources- posing tremendous risks to those who are put to death.
- (Side note) Mr. Warren Hill, the inmate in question in this particular case, shouldn't even be allowed to be executed, as he has been deemed mentally retarded and is protected against injection by the Supreme Court decision in the case Atkins v. Virginia.
Claims:
- Georgia intends to use a dangerous and ineffective drug in its lethal injections.
- Georgia is using "illegally imported, expired, sub-potent drugs" to kill inmates, resulting in immense pain and suffering that is classified as torture (cruel and unusual punishment).
- Mr. Hill is mentally retarded and cannot be killed under the Atkins decision.
Mr. Warren Hill, an inmate with an IQ of 70, has been spared of his execution on the grounds of his lawyers' objections to Georgia's illegal practices of acquiring and using ineffective lethal injection drugs. The lawyers state that the drugs don't do an adequate job of sedating the prisoner, leading to an excruciating execution that can be classified as cruel and unusual punishment. The state of Georgia, after being prodded by Hill's lawyers, passed a law that protects and maintains the secrecy of how it acquires the drugs used in lethal injections, further complicating the matter. Part of the issue stems from the fact that Europe, a previous supplier of lethal injection drugs, has universally banned the death penalty and refuses to supply drugs to a country that will use the drugs for lethal injections. Mr. Hill's lawyers also state that Georgia is violating the Supreme Court's decision in Atkins v. Virginia, a decision that states the mentally retarded (Hill classifies as mentally retarded) cannot be executed.
There are red flags all over this case; Georgia is violating key aspects of Amendments V and VIII. Amendment V guarantees that all people convicted of crime have the right to "due process of law." The courts in Georgia are violating Mr. Hill's privilege to appeal his case until he learns the information about the drugs that will be used to end his life. Mr. Hill has the right to know if the drugs are safe and are able to sedate him well enough to guarantee a painless execution, but the courts in Georgia are passing laws to protect the secrecy of said drugs. It appears as if Georgia has something to hide.
Amendment VIII declares that no cruel punishments can be inflicted upon criminals. The courts in Georgia violated this with their execution of 3 men who experience horrible pain as a result of impotent drugs used in lethal injections. Georgia knew that these drugs were not checked by the FDA, yet they went ahead with their plans and violated a key part of the Bill of Rights. It appears as is they intend to violate the amendment a fourth time with the impending execution of Hill. Georgia also violated the cruel punishment provision by cancelling Mr. Hill's execution hours (in one case 30 minutes) before it was to be done- four times. Psychologists state that this constant fear of life or death plagues inmates who are spared of execution on the day it was to be done. It especially affects the minds of the mentally retarded.
The state of Georgia is acting extremely irresponsibly in its course of action in Mr. Hill's case. Georgia has repeatedly violated 2 key amendments and refuses to compromise. In addition, Georgia is ignoring the Supreme Court's ruling that spares the mentally retarded from execution. Mr. Hill has clearly been deemed as mentally unfit, yet Georgia doesn't seem to care at all. Supreme Court, where are you?
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