Abstract
The Supreme Court’s narrative regarding capital punishment, in keeping with the laboratories of democracy theory, boasts the consistent development of more humane methods of execution. Contrary to the Court’s narrative, however, states are not driven by the desire to create humane execution; they are merely striving to keep state-sanctioned killing alive. Examination reveals that execution methods are adopted on best guess and are retained without post-adoption verification of their effectiveness, humanity or painlessness. As abolitionist ideals close in on capital punishment, legislative shortcuts, willful ignorance, and secrecy allow new methods to propagate. As those tactics begin to fail, states resort to reinstating outdated execution methods, further evidencing their true motivations. Against this backdrop, there is properly placed skepticism of humanity of the newest execution method, nitrogen hypoxia.
Recommended Citation
Danica Howell,
Kill ‘em With Lies: The False Narrative of the American Execution Laboratory,
69
St. Louis U. L.J.
(2025).
Available at:
https://scholarship.law.slu.edu/lj/vol69/iss2/11