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February 9, 2006

Military executions in the works

As detailed in this news article, "President Bush has been asked to authorize the executions of two men who have been on the military's death row at Fort Leavenworth for a combined 35 years."  Notably, the method of execution to be used by the military would be lethal injection, so any capital plans could be impacted by the scrummages over the constitutionality of lethal injection (background here and here).

February 9, 2006 at 09:08 AM | Permalink


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Recall that the highly detailed military protocol for hangings led the Ninth Circuit to uphold that method of execution against a cruel-and-unusual-punishments challenge in Campbell v. Wood, 18 F.3d 662, 683 (9th Cir. 1994).

Posted by: keith | Feb 9, 2006 11:09:00 AM

Umm, none of the guys bush is thinking of signing death warrants on has been through federal habeas corpus. Sorta stupid to sign a death warrant knowing it will be stayed in a few days.

Posted by: anon | Feb 9, 2006 12:33:33 PM

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