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The Debate Behind Bars podcast explores the controversies, issues, and policies surrounding the death penalty. The death penalty has a long history, with execution methods varying from drowning and burning alive to lethal injection. Public opinion on the death penalty has shifted over time, with waves of support and opposition. Botched executions have raised concerns about the constitutionality and morality of the death penalty. Lethal injection is the preferred method, but it has a high rate of failure. These botched executions have led to a decrease in support for the death penalty. The lack of consistency in execution policies and the potential for cruel and unusual punishment are major issues. The public's opinion should be considered when making decisions about capital punishment. While there is a push to abolish the death penalty, there are still supporters who must be taken into account. Hello, and welcome to the Debate Behind Bars podcast, where we delve into the different controversies, issues, and policies impacting our criminal justice system and society. My name is Caroline Caccaro. I am a third-year student at Northeastern with a minor in criminal justice, and I will be your host for today's podcast episode, titled Fatal Failures, Examining Botched Executions. Today, we will be exploring the history of the death penalty and the policies that have enabled unsuccessful executions to occur. We will also be examining the influence publicly reported botched executions have on public opinion about the death penalty. The death penalty has always been a topic of debate, specifically in recent years as many people begin to realize the issues with execution methods. Although, quote, states must abide by the protections of the Constitution when they carry out the death penalty, end quote, the death penalty falls under the state government's responsibility. This means that the method of execution can differ from state to state. The death penalty and its support has evolved throughout history. The first death penalty laws were established as far back as the 18th century BCE. It was during these times that the death penalty included drowning, burning alive, and crucifixion. By the 1700s, 222 capital crimes were considered to be punishable by death in Britain. Some of these crimes included marrying a Jew, stealing, and cutting down a tree. These crimes that today we wouldn't even consider a crime or petty crime were punishable by death. Britain had immense influence on the use of the death penalty in the United States. In 1612, the Virginia governor enacted what is called the Divine Moral and Martial Laws. These allowed for the death penalty to be provided for minor offenses such as killing chickens and stealing grapes. Similar to the way that laws regarding the death penalty vary from state to state, they also used to vary from colony to colony. As far back as 1767, there are records of individuals opposing the death penalty or seeking reform. It is evident that, quote, U.S. history has been marked by waves of anti-death penalty activism, end quote. One of the main reasons that the death penalty has been a hot topic of controversy is that it used to be, and is still considered, a very public spectacle. It wasn't until the 19th century that some states began to move executions away from the public eye and into correctional facilities. This was also around the time that states began to abolish the death penalty. Throughout the early and mid-20th century, there were several waves of support but also disdain regarding capital punishment. The death penalty would be outlawed and then a few years later be reinstated. For many decades, the death penalty was considered to be permitted through the eyes of the Constitution, allowing for the constantly changing and wavering state. However, in the 1960s, it was brought forward that the death penalty was cruel and unusual punishment under the Eighth Amendment. In the Supreme Court case Furman v. Georgia in 1972, it was ruled that there are cases where the death penalty is constituted cruel and unusual punishment. Since then, many states have rethought their statutes for capital offenses, which has led to a decrease in the death penalty. There are five authorized methods for execution in the United States, hanging, electrocution, gas chamber, firing squad, and lethal injection. Lethal injection is considered to be the preferred means of execution in today's modern era. However, recently there have been many issues and conflicts surrounding the different methods of execution. According to the Death Penalty Information Center, about 3% of U.S. executions from 1890 to 2010 were botched. It was also reported that, quote, more than a third of executions in 2022 were botched, end quote. These are terrifying statistics that have been drawing more and more attention to the problem every day. These botched executions are directly impacting many people, including those on death row, individuals who administered execution, as well as the public's perception of the death penalty. People are losing trust in the execution process and no longer believe that it is being done in a humane way. Although the, quote, Supreme Court has never found a method of execution to be unconstitutional, end quote, some state courts have declared certain methods unconstitutional. These methods become considered unconstitutional when it is believed that it is cruel and unusual punishment. It can be difficult to decipher what is considered cruel and unusual punishment when discussing taking away a human life. However, when looking at this issue, it is necessary to consider the process in which the life is being taken. This can mean, is the individual suffering? Is the execution being drawn out? Is the execution a public spectacle? Or did the execution fail? Lethal injections are the preferred method in all states, however, it is also the method with the highest botched execution rate of 7.12%. When done correctly, lethal injection is widely regarded as the most humane method of execution. In some cases where the executioner cannot find a vein or the drugs fail to work effectively, the supposed painless medical procedure turns into what could be considered torture. These botched executions bring a lot of media attention to the death penalty and bring into question whether or not this process is constitutional. In recent years, support for the death penalty has decreased as many Americans don't believe that the death penalty to be morally acceptable. Kevin Berry explains, quote, odds are good that the death penalty will come to be seen as one of the worst indignities our nation has ever known, end quote. These debates will continue to occur with many opposing arguments coming out stronger if something doesn't happen to make a change. Botched executions and lack of moral methods raise a lot of questions without any answers. If executions continue the way they are, more people on death row will suffer as well as their families. It is also evident that many Americans struggle to grapple with the idea of these immoral acts happening in our country. This recent concern for execution methods in America should be a call to action in our country that something needs to change. The biggest issue with the policies regarding capital punishment is that the policies themselves are not consistent across the country and there is too much room for questions and uncertainty. In my opinion, it is unacceptable that a topic such as the death penalty has gone through so much change throughout history. The constant waves of differing methods, support, and then removal of the death penalty are adding to the confusion and constant debate among Americans about this topic. It isn't fair to the public and certainly not the people on death row when their future can be so easily changed from year to year. It also isn't fair to these individuals that as a country, we are administering the death penalty without 100% fail-proof methods. Ending someone's life, no matter what they are in jail for, is not something that we should be taking lightly. I do not believe that the death penalty should be permitted until one consistent fail-proof humane method has been found. This may be an impossible task, which brings into question whether the death penalty should be administered or not. In the article, The Law of Abolition, written by Kevin Berry, the concept of abolishing the death penalty gets unpacked. Berry looks at the death penalty through the eyes of the public as well as the Supreme Court and the government. He explains that the Supreme Court holds a willingness to act against the weight of public opinion and to live up to history's demands. I found this quote to be very interesting because America prides itself on being a democracy for the people. If public opinion is against the death penalty, it is very clear as to why this topic creates such debates. I do believe that policy makers need to consider this point and re-evaluate how they approach capital punishment. This decision needs to include public opinion. It is also important to recognize that the entirety of the United States is not in support of abolishing the death penalty. Although capital punishment may be losing overall support, there are still Republicans and Conservatives who will prove critical for taking further steps towards limiting and eventually ending the death penalty in the United States. Policy makers need to consider these opinions when making decisions and find ways to approach this issue for all parties. Thank you for listening to Debate Behind Bars. Please join us next week as we continue to address controversies, issues, and policies impacting our criminal justice system and society.