Baze v. Rees
Q & A
1. What questions has the U.S. Supreme Court asked the parties to address?
2. Why did the U.S. Supreme Court agree to review Baze?
3. What must the Court resolve in order to decide the first question?
4. What standard do petitioners in Baze argue should be adopted by the Court?
5. Must the Court decide whether Kentucky’s lethal injection protocol violates the Eighth Amendment?
6. Is the decision in Baze likely to determine whether execution by lethal injection is unconstitutional in all cases and under all circumstances?
7. Is there a national moratorium on executions until Baze is decided?
8. How did the states and federal government come to adopt the three-drug protocol?
9. What is the three-drug protocol and what foreseeable risks are associated with its use in an execution?
11. Isn’t it true that the protocols prescribe enough thiopental so that the inmate will be unconscious and will not feel pain when the second two drugs are administered?
12. How does euthanasia of animals by veterinarians compare to lethal injection?
13. What evidence supports the assertion that lethal injection protocols are developed by people who lack the necessary qualification and skills to devise them?
14. What evidence supports the assertion that execution team members are often unqualified to carry out executions because, for example, they are improperly screened for the assignment, lack training, and are unfamiliar with the protocols and the risks involved in lethal injection?
15. What evidence supports the assertion that the physical conditions under which lethal injection executions are carried out often create a foreseeable risk that the inmate will be conscious during the delivery of the second and third drugs?
16. There have been news reports about “botched” lethal injection executions. What are some examples and what does this term mean in the context of the Baze case?
17. Haven’t some jurisdictions revised their protocols to address these criticisms?
18. If states have been using lethal injection for decades, why did it take so long for the courts and the public to learn about the foreseeable risk that inmates will experience excruciating pain during lethal injection execution?
19. What is the position of medical organizations with regard to physician participation in executions?
Download the PDF of the entire Baze v. Rees Q & A.
* Unless otherwise indicated, all citations to Brief for Petitioners and to amicus curiae briefs refer to filings in Baze v. Rees, No. 07-5439.