ipl-logo

Glossip Vs. Gross: Case Study

1230 Words5 Pages

Astha Sahoo Legal Brief

Case: Glossip vs. Gross
Case #:14-795
Facts of the Case
On April 29th, 2014, Clayton Lockett was put to death by Oklahoma with a three drug lethal injection process. The procedure took 40 minutes, which was more than normal. After this event, the state of Oklahoma suspended all executions till a new formula was invented that drugged a person immediately. Charles Warner and 20 other death row inmates were enraged at Oklahoma for causing so much pain to Lockett and decided to sue various officials of the state of Oklahoma. Their argument was that the use of midazolam as the initial drug violated the 8th amendment 's constraints from cruel and unjust punishment.. They also requested preliminary injunction to prohibit …show more content…

With the use of midazolam, the outcome is fallout is not always a quick death. Also, the death penalty in general forces many inmates to commit suicide or feel pressured. Glossip states that “...it’s pure torture, I’m not lying(Glossip).
Respondent: Kevin J. Gross The use of midazolam does not violate the 8th amendment. There have only been a few cases that have failed, and we have improved our strategy. Even if the execution takes more than the estimated amount of time, there is not a substantial amount of pain that would be consisered as cruel and unusual punishment.In addition, those being given capital punishment are deprived of life for taking away the lives of others.
Opinion of the Court
(Justice Samuel A Alito Jr.) There is not sufficient evidence that midazolam causes severe pain. Further, the 8th amendment does not obligate the execution method be free of pain. Besides, those given capital punishment are “deprived of life”(Alito), so the meager pain they encounter is incomparable to the amount of pain he/she caused to the victim(s). In addition, there is not sufficient evidence that the use of midazolam causes induces a notable risk of severe pain that the death penalty should be outlawed. Judges agreeing with the majority opinion are John Roberts, Antonin Scalia, Anthony Kennedy, Samuel Alito, and Clarence

Show More
Related

  • Case Of Daryl Renard Atkins

    715 Words  | 3 Pages

    Therefore the question that should be asked is, Is the execution of a defendant with intellectual disabilities (mental retardation) cruel and unusual punishment prohibited by the Eighth Amendment ("FindLaw's United States Supreme Court case and opinions.",

    Read More

  • Supreme Court Case Brief: Washington V. Glucksberg

    726 Words  | 3 Pages

    Was this an issue over Dr Glucksberg bringing suit in federal district court seeking a declaration that the Washington state law violated a liberty interest protected by the Fourteenth Amendment. The case was heard by the United States Supreme Court. 5. Ruling and Reasoning Chief Justice Rehnquist was the judge who wrote the majority opinion for the court. He reversed the Ninth Circuit Court of Appeals decision that a ban on physician-assisted suicide symbolized

    Read More

  • Lethal Injection Drug Shortage Summary

    607 Words  | 3 Pages

    Although inmates are being put to death, their death does not have to be stressful and painful. The inmate serving death-row and facing death may deserve death for their actions, However, a painful death is a cruel punishment and inhumane. The lethal injection drugs should be carefully evaluated by Drug Enforcement Administration and be free of cruelty when being administered to the inmate. Just because someone is going to die anyway, the lethal injection matters on what will be administered. Off market drugs is illegal to obtain when there is not a prescription, therefore, off market drugs should not be allowed for use in a correctional center for death

    Read More

  • The Case Of Booth Vs. The State Of Maryland

    500 Words  | 2 Pages

    He also acknowledged that by allowing the content of a victim impact statement to influence the jury could lead them to choose the death penalty for reasons which were irrelevant to the defendant's decision to kill. This diverted attention from the facts of the crime. Justice Powell determined that by introducing the emotionally-charged opinions of family members into the case would destroy the reasoned decision-making. This is critical in capital cases. The major factor, in this case, argued if the Eighth Amendment of the Constitution protected a defendant from cruel and unusual punishment.

    Read More

  • Timothy Mcveeigh Research Paper

    457 Words  | 2 Pages

    The electric chair, hanging, gas chambers, and death by firing squad are all unnecessarily inhumane and hence, in my personal opinion, should all be declared by the White House to be unconstitutional. According to the Preamble to the Constitution, every citizen is guaranteed the right to “Life, Liberty, and the Pursuit of Happiness,” and since the first few words guarantee life, the death penalty itself would, technically speaking, be unconstitutional. I aver that even a murderer may sometimes feel guilty about what he or she has done. Another reason against capital punishment as stated in, “The Innocent on Death Row,” demonstrates that sometimes even the innocent are sometimes put on death row, because Henry Lee McCollum, who was nineteen at the time he was tried, and his half-brother, Leon Brown, who was fifteen at the time he was convicted, were both convicted and sentenced to death. Ever since they were released, the death penalty was made illegal for minors and mentally handicapped

    Read More

  • Roper V. Simmons Essay

    872 Words  | 4 Pages

    The most important issue that must be addressed in this case is the principle of the “evolving standards of decency” and the uses of a national consensus. The “evolving standards of decency” were developed by Trop v. Dulles and have been implemented in one way or another in all of the precedents dealing with “cruel and unusual” punishment. It is important to treat these principles as an important aspect of “cruel and unusual” punishment jurisprudence, therefore turning from these set of principles would be foolish and a disregard for every precedent. However, it is important to acknowledge that each case satisfies the standards by using a different method; some use the presence or lack of state legislature as a judgment of consensus while others look at foreign countries.

    Read More

  • The Eighth Amendment Summary

    428 Words  | 2 Pages

    The Eighth Amendment prohibits inflicting cruel and unusual punishment on citizens. The judicial branch must ensure that the rights and privileges granted to American people by the Constitution are provided equally regardless of their race, sex, or sexual identification (Edmondson, 2017). John Doe after serving two years of a five-year sentence for manufacturing methamphetamines, escapes from prison by hiding in the back of a milk truck. When the milk truck makes its first stop, inmate Doe climbs out of the milk truck and walks away without anyone’s assistance. Inmate Doe manages to find a new set of clothes, catches a ride with a stranger, and shows up at a friend’s home.

    Read More

  • Why Is The 8th Amendment Important

    172 Words  | 1 Pages

    According to A source the 8th Amendment to the U.S. Constitution prohibits the use of cruel or unusual punishment or excessive fine or bail during criminal proceedings. Next, my second source says that The Cruel and Unusual Punishments Clause is the most important and controversial part of the Eighth Amendment. In some ways, the Clause is shrouded in mystery. What does it mean for a punishment to be “cruel and

    Read More

  • Estelle V. Gamble Case Study

    375 Words  | 2 Pages

    In that case, the Supreme Court held that prison staff (whether doctors or officers or any others) violated the Eighth Amendment if they were deliberately indifferent to the serious medical needs of prisoners.

    Read More

  • Research Paper On The 8th Amendment

    546 Words  | 3 Pages

    The 8th Amendment is stated as simply as this: “Excessive bail shall not be required, nor excessive fins imposed, nor cruel and unusual punishments inflicted.” We do know some things about the history of the phrase “cruel and unusual punishments”. In 169, a full century before the ratification of the United States Constitution, England adopted the Bill of Rights that prohibited “cruell and unusuall punishments”. In 1776, George Mason included a prohibition of cruel and unusual punishments in the Declaration of Rights he drafted for he Commonwealth of Virginia. In 1791, the same prohibition became the central component of the 8th Amendment to the United States Constitution.

    Read More

  • 8th Amendment Importance

    1711 Words  | 7 Pages

    But are we in the future to be prevented from inflicting these punishments because they are cruel? If a more lenient mode of correcting vice and deterring others from the commission of it would be invented, it would be very prudent in the Legislature to adopt it; but until we have some security that this will be done, we ought not to be restrained from making necessary laws by any declaration of this kind’ “ (Bomboy). In other words, Livermore was arguing that all citizens who commit horrible crime do deserve severe punishments for the crimes that they commit, and until the government figures out a way to place restrictions and guidelines on the penalties that we believe are morally proper to give, then they cannot hold back from reprimanding those citizens. Consequently, The Founding Fathers created the Eighth Amendment to be intended for further generations to interpret the meaning of “cruel” and “unusual” over time (Donnell). The amendment was then ratified in 1791 nevertheless, the Eighth Amendment and the death penalty is still highly debated today because the differences in interpretations

    Read More

  • How Does Roper V. Simmons Violate The 14th Amendment

    490 Words  | 2 Pages

    The eighth amendment is a protection for American citizens against “cruel and unusual punishment” and “excessive bail”. Roper v Simmons also violates the fourteenth amendment which addresses rights and citizenship, this became another hurdle in the case. The fourteenth amendment states “No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny any person within its jurisdiction the equal protection of the laws” , in Roper v Simmons the Missouri Supreme Court was close to depriving Christopher Simmons of his life. Since Roper V Simmons states have reevaluated their minimum age for death penalty, 30 states do not even have a death penalty or capital punishment anymore. Cornell Law has also argued that because of Simmons’s age he was mentally incompetent, at the age at 17 Simmons is not eligible to “drink, serve on juries or even see certain movies…” , this was very intimidating and scary to Simmons’s prosecutor.

    Read More

  • Abolish The Death Penalty In Texas

    760 Words  | 4 Pages

    However, it is unclear that he knew this while committing the murder. This, along with self-injury that included the removal of both his eyeballs, built a case against sentencing Thomas to death on the basis that he was mentally incompetent. His attorneys argued that his execution would violate the clause of the eighth amendment that prohibits cruel and unusual punishment. Prosecutors in this case would claim that his history with drugs and alcohol put him in this state, rather than a true mental illness (TX Tribune). Nevertheless, the fact still stands that he suffered from self-injury while incarcerated, and consequently he was not under the influence at that moment.

    Read More

  • Death Penalty Violate The 8th Amendment Essay

    700 Words  | 3 Pages

    It’s Not working out. By:Taija Jones. The 8th amendment says “Excessive bail shall not be required, Nor excessive fines imposed, Nor cruel and unusual punishments inflicted” . With that being said if the 8th amendment applies for cruel punishments of death penalties then why is it still happening.

    Read More

  • Argumentative Essay: Texas Death Penalty In The United States

    932 Words  | 4 Pages

    The death penalty is a controversial issue that has been debated in the United States for a long period of time. In our own state of Texas, executing convicted criminals has become second nature. This is due to the fact that Texas has executed more people than any other state in the United States since 1976. So why does Texas lead the United States in executions? There are many reasons and factors that has led to this point.

    Read More

More about Glossip Vs. Gross: Case Study

Open Document