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May 17, 2021

After embracing new firing squad option, will South Carolina seek to move quickly forward with "old school" executions?

As reported in this new AP piece, "South Carolina Gov. Henry McMaster has signed into law a bill that forces death row inmates for now to choose between the electric chair or a newly formed firing squad in hopes the state can restart executions after an involuntary 10-year pause." Here are more details that prompt the question in the title of this post:

South Carolina had been one of the most prolific states of its size in putting inmates to death. But a lack of lethal injection drugs brought executions to a halt.

McMaster signed the bill Friday with no ceremony or fanfare, according to the state Legislature’s website. It’s the first bill the governor decided to deal with after nearly 50 hit his desk Thursday. “The families and loved ones of victims are owed closure and justice by law. Now, we can provide it,” McMaster said on Twitter on Monday.

Last week state lawmakers gave their final sign offs to the bill, which retains lethal injection as the primary method of execution if the state has the drugs, but requires prison officials to use the electric chair or firing squad if it doesn’t.

Prosecutors said three inmates have exhausted all their normal appeals, but can’t be killed because under the previous law, inmates who don’t choose the state’s 109-year-old electric chair automatically are scheduled to die by lethal injection.  They have all chosen the method that can’t be carried out.

How soon executions can begin is up in the air.  The electric chair is ready to use.  Prison officials have been doing preliminary research into how firing squads carry out executions in other states, but are not sure how long it will take to have one in place in South Carolina.  The other three states that allow a firing squad are Mississippi, Oklahoma and Utah, according to the Death Penalty Information Center.

Three inmates, all in Utah, have been killed by firing squad since the U.S. reinstated the death penalty in 1977.  Nineteen inmates have died in the electric chair this century, and South Carolina is one of eight states that can still electrocute inmates, according to the center.

Lawyers for the men with potentially imminent death dates are considering suing over the new law, saying the state is going backward.  “These are execution methods that previously were replaced by lethal injection, which is considered more humane, and it makes South Carolina the only state going back to the less humane execution methods,” said Lindsey Vann of Justice 360, a nonprofit that represents many of the men on South Carolina’s death row.

From 1996 to 2009, South Carolina executed close to average of three inmates a year.  But a lull in death row inmates reaching the end of their appeals coincided a few years later with pharmaceutical companies refusing to sell states the drugs needed to sedate inmates, relax their muscles and stop their hearts.  South Carolina’s last execution took place in May 2011, and its batch of lethal injection drugs expired in 2013.

I am struck by the report here that South Carolina has a "109-year-old electric chair." It makes me wonder, only half-jokingly, if they might try to find some really old guns for use in a firing squad.  Gallows humor aside, I sincerely wonder how quickly South Carolina will seek to set execution dates for condemned prisoners who has exhausted all their appeals and how quickly the inevitable litigation over this new law will make its way through the court system.

May 17, 2021 at 02:42 PM | Permalink

Comments

The rifles used by the firing squads should be black powder muskets, firing a .50 round ball. They may sound primitive, but they will get the job done.

Posted by: Jim Gormley | May 17, 2021 4:14:58 PM

Will the defendants have a constitutional right to have a blindfold and a cigarette before being shot?

I see post-Furman, there were three executions by firing squad, the last one in 2010. All in Utah.

There is some expert argument that the firing squad might be more humane than lethal injection. Justice Sotomayor suggested some defendants might prefer it.

I think the main concern is visceral -- it just seems somewhat barbaric to shoot people, even to execute them. Also, it seems a bit too direct (then Judge Kozinski suggested that this just made it more honest).

I question if South Carolina wants to use the firing squad. It hasn't executed anyone in a decade, so it doesn't seem to be that gung ho about executing anyone. The supply issue only came up later on.

And, yes, a new method is likely to lead to new claims. On that front, I'm curious about the likelihood of final examinations or actual executions involving nitrogen gas.

Posted by: Joe | May 17, 2021 4:28:18 PM

Michael Che had a nice line about the firing squads on Weekend Update.

Posted by: hardreaders | May 17, 2021 4:52:59 PM

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