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    New Executions Methods: How Alabama’s Use of Nitrogen Gas for Executions Calls for a Reassessment of What Exactly is Cruel and Unusual Punishment

    March 25, 2024By Rocio Iglesias Gonzalez

      The Eighth Amendment states, “[e]xcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.”[i]  For many years, advocates against the death penalty have asserted that capital punishment violates the Eighth Amendment.[ii]  To advance their argument, advocates argue that the methods used to carry out the executions are cruel […]

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    Constitutional LawDeath PenaltyFeatured

    Cruel and Unusual Punishment: Where Do We Draw the Line?

    February 28, 2024By Alyssa Fleischer

        “The world is watching.”[i] So wrote Justice Sotomayor in her dissent written and released a mere two days before the execution of Kenneth Eugene Smith by nitrogen hypoxia protocol—a drug that the United States Supreme Court has conceded has never been successful. On June 24, 2024, the United States Supreme Court decided not […]

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    Criminal LawDeath Penalty

    Running on Fumes: Alabama’s Method of Execution Amendment Continues to Create Novel Litigation

    November 18, 2022By Frank Vilaboy

    At 9:25 PM on September 22, 2022, Alan Eugene Miller was informed that the U.S. Supreme Court, in an opinion devoid of explanatory reasoning, had overturned two lower courts and allowed the State of Alabama to proceed with his execution. The state would spend between 60 and 90 minutes that night trying to insert a […]

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