lethal injection is challenged

The Supreme Court allowed an appeal today for a death row inmate, just days from death. David Nelson (AL) has appealed that lethal injection in his case would be cruel and unusual punishment, violating the 8th Amendment.

On Oct. 6, 2003, three days before his scheduled execution, David Nelson filed the civil rights lawsuit. He claimed his veins have been damaged by years of drug use and challenged as unconstitutionally cruel and unusual punishment the proposed 'cut down' procedure that may be used to access his veins.

If access to a suitable vein cannot be achieved, prison authorities proposed to have a doctor perform the procedure involving use of a local anesthetic and a two-inch incision to insert the intravenous line that carries the lethal drugs.

This is good for civil rights, but may be bad for the criminal justice system. Especally considering the number of death row inmates who are/were intravenous drug users. If the appeal goes through, it may send the message that to avoid execution, do lots of heroin.