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Montana Death Penalty Unconstitutional; South Dakota State Killing Safe

Mr. Kurtz further drives my blog cycle with this note from the Montana ACLU celebrating a judge's suspension of Montana's death penalty. Judge Jeffrey Sherlock found three problems with Montana's lethal injection protocol:

  1. The requirement that the warden be the person who determines whether the prisoner is unconscious before the lethal drug is administered;
  2. The fact that there is no requirement that the executioner have any proficiency with administering IVs;
  3. The protocol's three-drug process, which conflicts with the Montana's death penalty statute's two-drug process, violates the separation of powers between the executive and legislative branches.

South Dakota's death penalty protocol appears not to be imperiled by this ruling. Our state penitentiary warden must submit qualifications for the individuals chosen to administer the IVs. Qualified individuals also appear to check both unconsciousness and death.

South Dakota plans to kill two men within two months.

7 Comments

  1. larry kurtz 2012.09.08

    On background, the author of the following post is the approximate Montana progeny of an unholy union between PP and KB, Dave Skinner.

    Be mindful that the victims of this crime are American Indians; and, like our own brain-dead GOP writers, he berates non-whites in other writings where the only good Indians are deceased.

  2. Ryan 2012.09.09

    I can't help but add that Robert is the poster child for why we need to keep the death penalty. Just because they are behind bars serving a life sentence doesn't mean they can't still kill innocent people.

  3. caheidelberger Post author | 2012.09.09

    You'll get no disagreement from me that Eric Robert is dangerous scum. But I will note that by killing him, we declare the failure of our ability to build and maintain an effective prison.

  4. Ryan 2012.09.10

    Ill agree with that except the ACLU and other human rights groups wouldn't stand for the type of conditions I would impose to maintain a safe prison. The average life expectancy for a life sentence in my prison would be about 2 years and they would be begging for death. Oddly enough I think would be criminals would fear this life sentence more than death even though hell is far worse than what any human institution could inflict.

  5. larry kurtz 2012.09.20

    Today's oxymoron from AG Jackley on Bill Janklow's idea of public radio: humane execution.

  6. larry kurtz 2012.10.14

    RT @ACLUSD
    Felon disenfranchisement was used to deny African Americans now it's being used in South Dakota for American Indians #TheNewJimCrow

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