Maurice Chammah writing for The Marshall Project:
There is
no tidy way to kill someone. But for the last century, Americans have searched
for a way to carry out the death penalty that minimizes suffering while
lessening trauma for executioners and witnesses. Those efforts have gone so
poorly that we’re returning to a visceral execution method from the past.
Last
month, the Justice Department encouraged
federal prison officials to consider execution by firing squad amid a
nationwide struggle to secure lethal injection drugs. South Carolina has
already used firing squads three times recently, placing hoods over the
prisoner’s head and firing rifles at a red bull’s-eye placed over the heart.
Four other states have authorized the method, and Idaho is renovating its
execution chamber to accommodate firing squads.
This
article was published in partnership with The New York Times.
There is
no question that killing a person in this manner is brutal. Witnesses have
described the crack of rifles and the eerie silence as blood spills from the
condemned person’s chest. It is a testament to the brutality of our execution
system that firing squads may also be more effective and reliable than lethal
injection, which is the most widely used execution method. Dr. James Williams,
an emergency room physician and a firearms expert who has testified about
firing squad executions in courtrooms across the country, told
me last year that “there is a lot of evidence that the near-instant
loss of blood pressure means no blood gets to the brainstem, and there is a
rapid loss of consciousness.”
Williams
is largely opposed to capital punishment, and he believes in minimizing
suffering for executions that do occur. He told me an even faster method would
be to fire a bullet into the brainstem, leading to death in milliseconds. As
horrifying as that sounds, it shows how much we’ve shrouded the inevitable
violence of the death penalty with syringes and barbiturates. Autopsies
have indicated that many prisoners who looked peaceful as they were
dying were actually paralyzed and may have felt as if they were drowning.
Firing
squad executions strip away the veneer of medical theater.
Some
Americans point to the horrific nature of the crimes being punished in death
penalty cases and say: The more violent the execution, the better. But support
for capital punishment, which is legal in 27 states, has been declining for
decades. Polling shows that just over half of Americans support it, down from
80 percent in 1994. There are many reasons for this drop, among them high-profile botched
executions. A wave of bloody spectacles, in multiple states and at the
federal level, would be a clearer test of how deep support for the death
penalty actually runs.
Before the
early 20th century, the United States did not have much trouble accepting the
gruesome sights, sounds and smells of executions. At the country’s founding,
the violence of firing squads was part of the point; deserters were executed
this way during the Revolutionary War and Civil War to deter other soldiers
from absconding. In 1936, around
20,000 people attended the country’s last public hanging, an event that
newspapers later decried as a “carnival of sadism.”
Firing
squads and hangings mostly disappeared in the early 20th century, as public
officials moved executions behind closed doors. There was a concern that public
executions looked too much like the lynchings they were supposed to supplant.
Firing
squad and gas executions resurface in U.S.
While
reporting for a book
on the death penalty a few years ago, I learned that we turned away from
more brutal methods like firing squads and hangings because of the country’s
growing uneasiness about the death penalty itself.
Over time,
lawmakers gave voice to the public’s collective queasiness as they tried to
move away from lurid spectacles. “We’ve gone from stoning to crucifixion, to
quartering, to burning people at the stake, to hanging,” a Texas state
legislator, Ben Z. Grant, told his colleagues in a 1977 hearing. He worried
that the latest method, the electric chair, had “become a circus sideshow.”
Prison officials had to place masks on prisoners to spare witnesses from having
to see their eyes pop out.
Grant
proposed that Texas move to lethal injection — which had proven effective in
veterinary medicine — as a more modern and humane method, and many states
followed suit. But the effort to improve executions eventually had the opposite
effect: In recent years, a significant number of people have convulsed on the
death chamber gurney. (Firing squad executions are less likely to be botched,
although last year South Carolina executioners missed
a condemned man’s heart, according to a study of his autopsy.)
These
botched lethal injections are an indirect consequence of wariness from the
medical industry, as some doctors and nurses, citing ethical concerns, refuse
to play a role in setting intravenous lines or administering drugs, leaving
those with less training to do their best. Most drug companies have refused to
let their products play a role in killing people, which has forced prison
officials to turn to less reputable manufacturers and use more experimental
drug cocktails.
During
this period, some states abolished the death penalty and a few governors paused
executions, often citing issues with lethal injection protocols. Many leaders
also looked to more transparently harsh methods. Alabama started pumping
nitrogen gas through face masks. Arizona refurbished a chamber to fill with
cyanide gas, a method so similar to the gas chambers in Auschwitz that a Jewish
community group sued
the state, saying they were being asked “to subsidize and relive
unnecessarily the same form of cruelty used in World War II atrocities.”
The firing
squad was available all this time. The most logical explanations for avoiding
it have to do with the upsetting visuals, the feeling that it’s old-fashioned
and the possible effect on executioners. But people who participate in lethal
injections routinely suffer psychologically in the long term. In 2022, Chiara
Eisner at NPR interviewed over two dozen people who were involved in
executions. Many were so affected by the experience that they suffered
insomnia, anxiety and suicidal thoughts.
President
Donald Trump oversaw 13 executions in his first term, all carried out by lethal
injection. President Joe Biden commuted the death sentences of most of the
people on federal death row, so it’s not clear whether Trump will have anyone
to execute this term.
But
someday federal prison officials may train rifles on someone like Dylann Roof
or Robert Bowers, both of whom committed high-profile mass shootings at places
of worship. Americans will then finally have to decide what we can tolerate,
after decades in which we have been able to pretend that we can kill people
without a cost — to our executioners and to our own sense of ourselves.
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