Death Penalty Case Analysis

In 2015, the Supreme Court ruled in the case of Glossip v. Gross that executions using the drug combination of midazolam, pancuronium bromide, and potassium chloride to euthanize prisoners was constitutional and not a violation of the Eighth Amendment to the United States Constitution (“GLOSSIP V. GROSS”). It was contended that this combination method was unconstitutional and dangerous to those receiving it. Today, thirty two states use the death penalty, and use lethal injection as a method of execution (Bellware). The case was argued strongly on both sides, but ultimately was favored with the state, leading to an impactual result.

The issue first arose when two death row prisoners in Oklahoma challenged the state’s use of the three-drug

formula created an “objectively intolerable risk of harm,” which in turn directly violated the Eighth Amendment (“GLOSSIP V. GROSS”). The Eighth Amendment states, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted” (“Eighth Amendment”). The drugs are aligned to work together in order to execute without pain. The first drug, midazolam, is meant to put the prisoner in an unconscious state. The two following drugs are meant to paralyze the prisoner and stop the heart (“Glossip V. Gross”). Midazolam, therefore, prevents the prisoner from sensing any pain that could source from paralysis or cardiac arrest (“GLOSSIP V. GROSS”).

Despite this claim, the petitioners, who were all prisoners facing death row, argued that there was “undisputed evidence.

. . that midazolam cannot reliably ensure the ‘deep, comalike unconsciousness’ required where a State intends to cause death with painful drugs” (“GLOSSIP V. GROSS”). Midazolam was therefore not believed to be an appropriate pain-killer (Bellware). They argued that according to studies, the drug did not always fully numb the pain of the patient. In the past, lethal injection was administered using a barbiturate, which is any of a type of sedative and sleep-inducing drugs derived from barbituric acid. Midazolam, is not of this class, but rather is a benzodiazepine, which is of any type of heterocyclic organic compounds. Drugs such as these are meant to merely reduce anxiety, not pain. States that have used the drug midazolam have had instances where the prisoner, who was believed to be unconscious, would begin to move and struggle in pain when the next drugs were administered (“GLOSSIP V.

GROSS”).

The state of Oklahoma, on the other hand argued the safety, humanity and effectiveness of the drug combination (Bellware).

Midazolam is used due to shortages of lethal injection drugs available (Uffalussy). Evidence from experts proved that the dosage was high enough to mask any pain that would result from the process of lethal injection. Experts supporting the prisoners conceded that they had no scientific proof to disprove the claim (“Glossip V.

Gross”).

The court could either continue the three-drug formula, or discontinue the process and find an alternative method.

Despite the accusations of the drug by the petitioners, the Supreme Court ultimately favored and supported the state. In a 5-4 decision, the Supreme Court claimed that "[the petitioners had] failed to establish a likelihood of success on the merits of their claim that the use of midazolam violates the Eighth Amendment” (Uffalussy). The state would continue to administer lethal injection using the disputed drug combination (“Glossip V. Gross”).

The impact of this case can only be analyzed effectively by looking at the big picture. The larger part of the American population has supported the idea of the death penalty, but when discussing the methods to obtaining the result, it becomes more complicated. It brings up the legal, virtuous, and political views of each American. Disputes continue to arise with each method that is proposed to achieve the end result (Uffalussy). The decision to continue the three-drug method was ultimately the correct one, due to lack of conflicting evidence.

In conclusion, the Supreme Court case Glossip v. Gross ruled in favor of the state and settled the issue of a three-drug combination for lethal injection. It is a decision that will impact society in some form or another, as each prisoner experiences death row.