The Death Penalty in the OSCE Area
which was used as an execution drug, were about to expire, emphasizing the need to
review its execution protocols.143 On 4 October 2013, the State of Ohio reported that
it would obtain drugs from a compounding pharmacy that is a local company not
regulated by the Federal Food and Drug Administration.144 During the reporting
period, the State of Florida fueled controversies over its method of execution using a
newly introduced mix of three drugs in its lethal injections that causes a prolonged
period of dying.145
On 29 April 2014, Clayton Lockett, an inmate in Oklahoma, died due to a
massive heart attack approximately 40 minutes after receiving a lethal injection,
raising questions as to the suffering caused and the effectiveness of the new execution
protocol.146 On 2 May 2013, after the “botched” execution of Clayton Lockett,
President Barack Obama gave an order to Attorney General Eric Holder to review
the implementation of capital punishment in the United States, raising broader
issues related to the imposition of capital punishment, such as racial bias and the
uneven application of the death penalty.147
On 22 May 2014, the State of Tennessee introduced a law allowing the use of
electrocution when the drugs necessary for a lethal injection are not available.
This law has made Tennessee the only state in which inmates may be subjected to
execution by electric chair.148
There are 12 states: Alabama, Arizona, Arkansas, Florida, Kentucky, South
Carolina, Tennessee, Virginia, Missouri, Delaware, New Hampshire and
Washington, which allow alternative methods of execution149 upon request from
an inmate.150 The federal government also uses lethal injections when carrying out
death sentences.151
143 “Texas running short of execution drugs - again”, Austin American-Statesman, 1 August 2013, <http://www.
mystatesman.com/news/news/state-regional-govt-politics/texas-running-short-of-execution-drugs-again/nZBdT/>.
144 “Many states changing lethal injection process”, Death Penalty Information Center, <http://www.deathpenaltyinfo.
org/lethal-injection-many-states-changing-lethal-injection-process>.
145 Tabak, Ronald J., “Chapter 20: Capital Punishment”, op. cit., note 128. In October 2013, inmate William Happ
stayed conscious longer than he was supposed to after receiving a lethal injection shot.
146 Ibid.
147 “Obama Orders Policy Review on Executions”, The New York Times, 2 May 2014, <http://www.nytimes.
com/2014/05/03/us/flawed-oklahoma-execution-deeply-troubling-obama-says.html?hpw&rref=us&_r=0>.
148 “Tennessee ready to bring back electric chair”, USA Today, 23 May 2014, <http://www.usatoday.com/story/news/
nation/2014/05/22/tennessee-electric-chair/9474435/>.
149 Alternative methods of execution include electrocution, gas chamber, firing squad and hanging.
150 “Methods of Execution”, Death Penalty Information Center, <http://www.deathpenaltyinfo.org/methodsexecution>
151 “Federal Executions 1927 – 2003”, Death Penalty Information Center, <http://www.deathpenaltyinfo.org/federalexecutions-1927-2003>.
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