The prolonged execution in Arizona looked troubling, but was it unconstitutional? The U.S. Supreme Court, which upheld the use of lethal injection six years ago, has held that “an isolated mishap” during an execution does not violate the Eighth Amendment. A question and answer look at the current state of executions.
Q: Why did Arizona use a two-drug combination that was also involved in a similar lengthy execution in Ohio?
A: After more than three decades of using the same three-drug combo to put hundreds of inmates to death with few problems, states have scrambled in recent years to find alternative drugs because of a shortage rooted in European opposition to capital punishment. Some states have obtained supplies of compounded pentobarbital, which doesn’t undergo the same type of federal regulations as regular pentobarbital, which is now unavailable. Other states, like Arizona, are turning to midazolam, a sedative, and hydromorphone, a painkiller.
Q: What caused the shortage?
A: Nine years ago, the European Union banned the export of products used for execution, citing its goal to be the “leading institutional actor and largest donor to the fight against the death penalty.” But beefed up rules in Europe have been felt most strongly in the United States, with shortages becoming chronic. In addition, U.S. manufacturers are now putting restrictions on the use of their drugs for executions.