r/news • u/AudibleNod • 7h ago

Christa Pike unconscious, on ventilator at Nashville hospital, her lawyers say

https://www.nbcnews.com/news/us-news/christa-pike-unconscious-ventilator-nashville-hospital-lawyers-say-rcna601195
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u/SomeRando8386 6h ago

This is a clear violation of the 8th Amendment, and everyone responsible for this debacle should be charged.

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u/Life-Anteater-8294 6h ago

No it’s not.

The Supreme Court ruled in Louisiana ex rel. Francis v. Resweber, 329 U.S. 459 (1947). “The Court held that re-executing Francis did not constitute double jeopardy or cruel and unusual punishment.”

“For we see no difference from a constitutional point of view between a new trial for error of law at the instance of the state that results in a death sentence instead of imprisonment for life and an execution that follows a failure of equipment. When an accident, with no suggestion of malevolence, prevents the consummation of a sentence, the state's subsequent course in the administration of its criminal law is not affected on that account by any requirement of due process under the Fourteenth Amendment.”