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US Resumes Federal Executions

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July 16, 2020

Why in news?

The Supreme Court of the United States cleared the way for the resumption of federal executions.

What happened later?

  • After the Supreme Court (SC) ruling, Daniel Lewis Lee became the first federal inmate to be executed in the US in 17 years.
  • Lee was put to death by lethal injection at a prison in Indiana.
  • This SC verdict reignited public debate about death penalty in the US.

What are federal executions?

  • In the US, the criminals can be tried either at a national level in federal courts, or at a regional level in state courts.
  • As many as 22 US states including New York, Hawaii have abolished the death penalty at a regional level.
  • But, it can still be awarded at a federal level in all the 50 US states.
  • However, it is rarely used.
  • At present, there are 62 inmates on federal death row.

What is the history?

  • In 1972, the SC struck down capital punishment at both the state and federal level.
  • However, it was reinstated by Congress over a decade later, in 1988.
  • With the passing of the Federal Death Penalty Act of 1994, the list of crimes that could lead to federal execution grew substantially.
  • In 2006, the SC ruled that death row inmates could challenge the use of lethal injection as a method of execution.
  • In 2014, then-US President ordered an investigation into capital punishment procedures and the use of the lethal injection.
  • In 2019, the US Attorney General William Barr ordered the government to abandon the use of the three-drug lethal injection.
  • He wanted to replace it with a single-drug injection.

How are the executions carried out?

  • In 2019, Trump administration announced its plans to employ a single-drug lethal injection, using a sedative called Pentobarbital.
  • It is known to gradually slow brain activity and the nervous system.
  • Several inmates challenged the constitutionality of using Pentobarbital.
  • They claimed that its use violates their rights under the eighth amendment of the US constitution.
  • [Eighth amendment protects citizens from cruel and unusual punishment.]
  • Another issue is that Pentobarbital is not readily available in all states.
  • There have been instances in the past where the drug has caused pain to the inmates.
  • Many states have also faced criticism for using other drugs that have been known to have severe effects.

What are the arguments against death penalty?

  • Many argued that the death penalty violates an individual’s civil liberties and fundamental rights as citizen of a democracy.
  • The American Civil Liberties Union believes the death penalty violates the constitutional ban against cruel and unusual punishment.
  • Several lawyers and activists have also raised the issue of race.
  • Data shows that the American justice system is unfairly skewed against people of colour (POC).

What are the arguments supporting death penalty?

  • Some have argued that severe punishments will help reduce crimes.
  • Attorney General Barr had argued that federal executions must be carried out as the government owes it to crime victims and their families.

Which countries still have death penalty?

  • As of 2020, at least 53 countries around the world impose death penalty as punishment.
  • Several methods including hanging, shooting, electrocution and beheading are used across the globe.
  • In 2019, the most number of executions took place in China, Iran, Saudi Arabia, Iraq and Egypt, in that order.
  • According to a study conducted by Delhi’s National Law University, 755 people have been hanged to death in India since Independence.

 

Source: The Indian Express

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