Abstract

After months of intensive investigation, US District Court Judge Jeremy Fogel recently concluded that California's “implementation of lethal injection is broken”,1 creating “an undue and unnecessary risk that an inmate will suffer pain so extreme that it offends the Eighth Amendment”. Fogel identified “critical deficiencies”, including unreliable screening of members of the execution team, lack of meaningful training and supervision, unreliable record-keeping, improper preparation and administration of the anaesthetic thiopental, and inadequate and poorly designed facilities.

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