| Citation(s) |
|---|
| 2015 SLG 959 2015 SLD 959 2015 SCMR 1601 |
Supreme Court of Pakistan
Decided on 29th June, 2015. Date of hearing: 29th April,2015.
JOHN G. ROBERTS, C.J., ANTONIN SCALIA, ANTHONY M. KENNEDY, RUTH BADER GINSBURG, STEPHEN G. BREYER, SONIA SOTOMAYOR, ELENA KAGAN, SAMUEL ANTHONY ALITO AND CLARENCE THOMAS, JJ
(On writ of Certiorari to the United States Court of Appeals for the Tenth Circuit No. 14-7955)
Decided on 29th June, 2015. Date of hearing: 29th April,2015.
JOHN G. ROBERTS, C.J., ANTONIN SCALIA, ANTHONY M. KENNEDY, RUTH BADER GINSBURG, STEPHEN G. BREYER, SONIA SOTOMAYOR, ELENA KAGAN, SAMUEL ANTHONY ALITO AND CLARENCE THOMAS, JJ
(On writ of Certiorari to the United States Court of Appeals for the Tenth Circuit No. 14-7955)
RICHARD E. GLOSSIP, ET ALsVSKEVIN J. GROSS, ET AL
Law:
Section:
(a) Criminal trial-------Sentence---Death sentence---Method of carrying out death sentence---Prohibition against carrying out death sentence by a method that was cruel and created a demonstrable risk of severe pain---Death sentence carried out through administration of lethal injection---Death sentences were carried out by the State in question through a three-drug protocol administered through injections, in which the first drug, a sedative rendered the prisoner unconscious, so that he did not feel the severe pain caused by the second and third injected drugs, which paralyzed the prisoner and stopped the heart---Petitioners, who were death-row prisoners, challenged the use of the sedative as the first drug in the lethal injection process by contending that evidence suggested that the sedative could not reliably ensure the 'deep, comalike unconsciousness' required before injecting the second and third drugs; that use of the sedative in question to carry out executions failed to render a person insensate to pain, which violated their Constitutional right of prohibition on cruel and unusual punishment [Eighth Amendment (Amendment VIII) to the United States Constitution]---Validity---Sedative in question, used to render condemned prisoners unconscious as the first stage in the lethal injection process, worked sufficiently well that it did not violate the prohibition on cruel and unusual punishment [Eighth Amendment (Amendment VIII) to the United States Constitution]---Expert evidence available on record supported the conclusion that the sedative in question could render a person insensate to pain---Petitioners failed to identify an available and preferable method of execution and failed to make the case that the sedative entailed a substantial risk of severe pain---Rejecting every available means of carrying out the death penalty would amount to striking it down even though it was Constitutional---Supreme Court (USA) opined that the execution of petitioners could be carried out by using the sedative in question in the three-drug injection formula---Detailed reasons stated.Following are the reasons for allowing the use of the sedative in question, as a part of the…
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