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Legal Case Law Brief: Case Study

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Case Law Brief
Baze v. Rees, 533 U.S. 35 (2008)

By:

Cassandra D’Antonio

ADJU 203 Concepts of Criminal Law Class
March 7, 2018
Administration of Justice Department
Center for Advanced Technologies (CAT)
Modesto Junior College
Dr. Bryan Silva, Professor

Issue Before the Court:

Does the method of execution by three-drug lethal injection in Kentucky violate the Eighth Amendment prohibition on cruel and unusual punishment?

Rule of Law:

No the execution by lethal injection does not violate the eighth amendment on cruel and unusual punishment. Every drug injection is given by a professional and is measured appropriately.

Application of Facts (Analysis): Ralph Baze and Thomas K. Bowling, two Kentucky men were convicted of murder and sentenced to death row. They both tried arguing with the Supreme courts stating that lethal injection is a violation of the 8th amendment's ban of “punishments that are cruel and unusual.” Kentucky states confirmed that they had a qualified personal with a one year experience in inserting ivs, the drugs were …show more content…
They said because Kentucky’s lethal injection method was in effort to make capital punishment more humane, no elements of terror, pain or disgrace were to be added to the death penalty. The two men failed to prove their case.
Justice Breyer concluded as well that there is no evidence of literature or records to prove that Kentucky’s lethal injection method is cruel and/or unusual. Roberts C J., announced the decision of the courts and Kennedy and Altto JJ., joined. Altto filed an opinion in agreement. Scalia filed her agreement in which Thomas J., joined. Vise versa for Thomas J., on which Scalia J., had joined, Breyer J., filed in concurring on the judgment, Ginsburg J., filed a dissenting opinion, in that opinion Souter, J.,

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