The Nebraska Supreme Court in a 6-1 ruling has struck down the state's sole means of execution, ruling that electrocution is cruel and unusual punishment.
The high court made the ruling Friday in the case of Raymond Mata Junior, convicted for the 1999 kidnapping and killing of 3-year-old Adam Gomez of Scottsbluff.
The court said Mata was properly convicted and his death sentence stands, but it can not be implemented under current Nebraska law. The court also said the Nebraska Legislature may vote to have a death penalty, just not one that offends constitutional rights.
In its ruling, the high court says that electrocution inflicts "intense pain and agonizing suffering." The court noted that some shock victims suffer broken bones and burns.
Now, the Constitution doesn't specifically ban "intense pain and agonizing suffering", however it DOES bar "cruel and unusual punishment". It's the "cruel" part that they were arguing about.
However, no one wants to come up with a solution that's easy on the condemned as well as those witnessing the execution.
For example: How do you know that an inmate isn't in intense pain when they are being put down via lethal injection? With them heavily sedated, you only know that they are dead. So, unless someone's willing to be a guinea pig and go without the sedative, you won't know for sure.
However, if you shoot an inmate in the back of the head, death is instantaneous. If done properly of course. But it's gruesome to those witnessing the execution. So a balance must be struck. Otherwise, if we simply went with what's best for the inmate, a shot to the back of the head or a guillotine drop would be in order.
But God forbid a child murderer feel an ounce of pain.
Travis
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