New Execution Methods Can’t Disguise Same Old Death Penalty Problems

Ohio made history today by becoming the first state to use the two-drug combination of midazolam and hydromorphone in the execution of Dennis McGuire. State officials decided to use this experimental combination of powerful sedatives and painkillers after supplies of approved execution drugs ran dry. These shortages have caused other states to begin using experimental and downright dangerous methods to carry out executions.

One of the most popular alternatives has been for states to seek out drugs from compounding pharmacies. These drugs are made to order and have no accountability measures or oversight from the Food and Drug Administration (FDA) to ensure the drugs work as they are intended. The result—some, if not all, batches of drugs from compounding pharmacies may be ineffective and would not have passed traditional FDA approval. This greatly increases the risk that the condemned will experience torturous pain while they are executed. Even those who may strongly agree with the death penalty must admit that conducting state business in secret without accountability is no way for government to run. Even if execution itself has not (yet) been found a violation of the U.S. Constitution’s ban on “cruel” and unusual punishment, certainly a torturous death using experimental drug combinations is.

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