I don’t know whether it is a feature or bug but appellate decisions are written in such an understated manner so as to defy belief sometimes. I’m not complaining, mind you.
In a decision filed Tuesday, a federal appeals court upheld the 2015 decision to dismiss the lawsuit, ruling that the lethal-injection process did not qualify as cruel and inhumane. What took place during the execution, a three-judge panel of the U.S. Court of Appeals for the 10th Circuit held, was a sort of “’innocent misadventure’” or “’isolated mishap.’”
The judges acknowledged that Lockett suffered during the procedure. But citing previous Supreme Court death-penalty opinions, Judge Gregory A. Phillips, writing for the court, stated that simply “’because an execution method may result in pain, either by accident or as an inescapable consequence of death, does not establish the sort of objectively intolerable risk of harm that qualifies as cruel and unusual.’”Innocent-misadventure-botched-43-minute-okla-execution-not-cruel-and-inhumane-appeals-court-rules/
I like the court’s thinking, let’s dispose of the death penalty entirely. Instead the sentence will be, “The court sentences the defendant to an innocent misadventure or isolated mishap that he will not survive.” Right away that clears up all the argument about mental illness and retardation. After years of languishing on “death row” what inmate wouldn’t opt for an adventure?
If the inmate is under the mistaken impression that innocent misadventure or isolated mishap will be akin to all his birthdays coming out the end of his pee-pee, who does that hurt? Chances are he would be anxious to go, no stress, no apprehension, just a guy shouting,”hey let’s get this show on the road.”
This could also eliminate the agonizing over just how to dispatch the condemned. Look to everyday life. Prior to American entry to WWII, the British moved command and control for British Intelligence to the United States. They set up housekeeping in Rockefeller Center, in New York. The British soon discovered that German agents were as active their counterparts the British. Since they were engaged is a shooting war every where else in the world, they didn’t see any reason not to continue in America. Did the British agonize on how to dispatch their enemies in a discreet manner? Noooo…. Pretty soon German spies were falling in front of taxis, buses and trains. They were falling from heights, bridges, and tall buildings, it turns out that Germans, at least in America, were a very clumsy people. Despite his best efforts J Edgar Hoover and the FBI weren’t able to prove otherwise, innocent misadventure or isolated mishap
Years ago I met a pair of Saudi Special Forces Majors. They commanded the palace guard and were responsible for putting down a coup attempt that eventually involved over a hundred defendants. Several were in line for throne provided 257 other family members died first.
Monarchy’s really hate to execute family members as that plants the seed among the commoners that royals can be killed. Everybody involved in the coup was sentenced to death, but the king didn’t want his relatives killed by the hands of man. This posed a problem for the two majors, but one within their ability to solve.
They loaded the condemned prisoners on a C130 and headed for the desert. They then assumed an orbit at 3000 feet, dropped the back ramp and threw them out one at a time. At that height the average flight was probably 25 seconds. This was more than enough time for the offender to repent his sins and for Allah to intervene, if he wasn’t busy elsewhere. Everybody that went out of the aircraft was alive when they went out and on the way down, if Allah willed it they would survive the sudden stop. This could be the first example of innocent misadventure or isolated mishap playing a role in a death penalty case. According to the majors, Allah took the day off.
Let’s try this on for size, a rabid, starving and infuriated wolverine is introduced to death row when he leaves ten minutes later the wolverine is no longer hungry and death row looks like a Jackson Pollock art project. Innocent misadventure or isolated mishap?