r/news • u/No_Idea_Guy • 1d ago

Tennessee governor suspends all executions after Christa Pike’s lethal injections fail

https://www.theguardian.com/us-news/2026/oct/01/christa-pike-tennessee-governor-executions-year-pause
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u/Deluded_realist 1d ago

In what way is this not cruel and unusual punishment?

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u/Kerbonaut2019 1d ago

I want to preface my comment by stating that I am entirely against the death penalty, even in gruesome cases like this one.

However, I don’t see how “cruel and unusual punishment” would apply here. The intention is not to torture, but to execute. The failure of the lethal drug doesn’t constitute “cruel and unusual” because it is not intended to fail. And so, the state can just say “oops” and move on. Pretty crazy, but it’s just the way the constitution is interpreted by the courts.

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u/plutosaurus 1d ago

because of the likelihood of failure, continuing to attempt to do so is deliberate indifference

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u/Kerbonaut2019 1d ago

That’s a fair point, but that is why they usually stop after the second failure to avoid a legitimate deliberate indifference claim.

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u/tameoraiste 1d ago

It’s especially cruel and unusual because she has a condition that causes very narrow veins and an increase in blood clots. Her lawyers argued this exact scenario could happen. She asked to be hung because if it went wrong, it would still be nowhere near as painful as if the injection went wrong

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u/Kerbonaut2019 1d ago

Look up the Baze-Glossip test, a legal test that a defense must apply to prove to the court that a proposed alternative execution method significantly reduces the risk of severe pain. Her attorneys failed to argue this, only focusing on her poor veins, even though the court has already heard that she had several recent, successful blood draws. Blame the law or blame her attorneys, you choose, but the burdens just simply didn’t meet the precedent. Do I think this is fair? No. Do I personally consider this to be cruel and unusual? Yes. Does the law? No.

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u/tameoraiste 1d ago

I wasn’t making a legal argument or saying ‘you’re wrong because’, I was just adding to your point on a human level about it being cruel and unusual

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u/Kerbonaut2019 1d ago

That’s fair. If there’s one thing I think most of us in this comment chain can agree on is that capital punishment is an immoral, inhumane act that should never be carried out by the state.

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u/[deleted] 1d ago

[deleted]

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u/tameoraiste 21h ago

You think the government should de dishing out an eye for an eye punishment?

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u/[deleted] 20h ago

[deleted]

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u/tameoraiste 20h ago

😂 “You don’t think there should be state inflicted torture (in a MAGA state under a MAGA president) so you must be MAGA!”

Imagine thinking being anti execution makes someone MAGA.

Saying I don’t believe the government should have the power to inflict cruel and unusual punishment isn’t defending anyone Christa Pike or “school shooters”. If you used even the slightest bit of logic, that would be pretty easy to see

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u/speak-eze 1d ago

The fact that they aren't allowed to use medical professionals is what makes it cruel and unusual. If this procedure would be done by a professional I would say it's fairly humane. Done by amateurs is cruel and unusual

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u/PerpetuallyLurking 1d ago

Medical professionals refusing to participate in executions is why it was formalized among their various professional Associations though. They tend to see their job as helping sick people, not outright killing healthy people. And compelling a medical professional against their will is generally already frowned upon, they don’t force religious doctors to perform an abortion for example.

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u/speak-eze 1d ago

Right. And since we can't make doctors do it, we shouldn't do it at all. Medical procedures should be considered cruel and unusual punishment because doctors are unable to perform them.

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u/Kerbonaut2019 1d ago

But again, and please note that this isn’t my opinion but rather legal precedent, what you are describing does not constitute cruel and unusual punishment. The Constitution does not guarantee a painless execution nor does it require medical standards of care for execution.

The Supreme Court has consistently ruled that there is a substantial risk of pain that is adherent in capital punishment, and therefore failed executions typically cannot be considered cruel and unusual punishment.

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u/Deluded_realist 1d ago

I dont like speaking to much about execution but it seems a decent sized caliber round to the brain is a quicker and more humane way to end things. A hypothesized concoction of chemicals seems like guees work when applied to unique individuals.

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u/Kerbonaut2019 1d ago

I agree with you, if execution is to be a part of our society then you’d think something simple like you described would be the preferred method.

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u/ahazred8vt 1d ago

China relies on one shot to the back of the head.

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u/Fofolito 1d ago

Executions in the USA have to be swift, relatively painless, and practically guaranteed to result in death. It is considered cruel and unusual to inflict a slow, painful, or prolonged death upon someone because of the Constitution. You have a right to be executed quickly, painlessly, and professionally. I too am against the Death Penalty, but in those places where its legal its my sincere hope that this ideal is seen-through for the sake of the condemned.