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Urban myth and incorrect interpretations of the double jeopardy clause would have us believe that the condemned is allowed to go free if an execution fails. However, the urban myths are just myths and double jeopardy only applies to prosecution, not the carrying out of a sentence once someone has been found guilty.
There’s no free ride if the electric chair, the gallows or a lethal injection doesn’t get the job done the first time around. The authorities just have a second go at it. The language of a death sentence is always very clear on this matter and will stipulate that the condemned suffer the given method of execution “until dead.”
Even though we’ve moved beyond firing squads and hangings, botched executions and second attempts still occur. In 1984, the state of Georgia executed Alpha Otis O’Daniel Stephens for the murder of a man who interrupted Stephens during a burglary 10 years earlier. The first jolt of electricity from the electric chair failed to kill him, and Stephens sat in the chair, alive and, by some accounts, semi-conscious, for six minutes while his body cooled enough for doctors to examine him and decide another jolt was needed.
As you can imagine, situations like this can get a little grisly. The Floss isn’t in the business of gore, but if you’re curious, the Death Penalty Information Center has a list of executions gone awry. [Image courtesy of Cris Fuhrman's Trip Around the World.]
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For a fascinating look at the New Jersey Discretionary Execution Program see Mark Leyner’s “The Tetherballs of Bougainville”
posted by EMStoveken on 8-14-2008 at 12:14 pm
Yes, but why is it at midnight? My mom told me that it’s at midnight because if they don’t get it done that day then they’re allowed to live.
posted by Lisa on 8-14-2008 at 12:40 pm
I always thought it was midnight so that there would not be any additional time for appeals/stays/pardons, etc. No procrastination in Death Row.
posted by SDK on 8-14-2008 at 12:44 pm
Regarding the midnight timing, apparently two reasons. 1) Death sentences are only good for one day, so given the delays that could occur it gives them the most time to carry out the execution and avoid any risk of having to apply for another death sentence. 2) Other inmates are in the cells and hopefully sleeping, so less risk for unrest among other prisoners
posted by Steve-O on 8-14-2008 at 12:51 pm
Lisa,
When someone is sentenced to death, the governor of the state issues a death warrant that authorizes the execution of the…execution. Executions are usually carried out as soon as the clock strikes midnight because these warrants are only good for one day. If it doesn’t happen within 24 hours, another death warrant needs to be petitioned for and issued. Since no one likes to deal with bureaucracy, starting at midnight gives the prison officials ample time to deal with temporary stays of execution, malfunctioning equipment and other delays and still beat the clock.
posted by Matt Soniak on 8-14-2008 at 12:54 pm
Oooh. You’re fast, Steve-O.
posted by Matt Soniak on 8-14-2008 at 12:56 pm
why this barbarism in today’s world? murder for murder hardly seems just.
posted by septer on 8-14-2008 at 2:07 pm
eye for an eye septer
posted by squid on 8-14-2008 at 3:38 pm
i was told, years ago, in a high school criminal law class that executions are done at 11:59pm the day of the death warrant so that the criminal has one last full day to appeal their case, as well as giving the governor up to the last minute to call in a pardon.
posted by kat on 8-14-2008 at 4:02 pm
I just watched a documentary called “How to Kill A Human” and it was searching for the most humane way to execute a human. Very interesting if you have an hour to check it out, please do so. Here is the link. I’d like to know what you think of it…
(there is a worldwideweb dot before this)
tv-links.cc/documentary/how-to-kill-a-human-being.htm
posted by jodie on 8-14-2008 at 9:31 pm
Didn’t go to the website, as I can’t stomach reading about these things, but I’m almost certain it mentioned the faulty electric chair in Florida that set a man on fire.
He was innocent.
His story was told as part of the off-broadway play “The Exonerated”. His wife had also been on death row, but was exonerated before her execution date. The play was incredible to watch, but very difficult to hear. The play was also made into a movie (not quite as touching, but still good).
posted by Dawn on 8-17-2008 at 5:22 am
There is no humane way to kill a human because killing is by nature inhumane.
As long as the death penalty exists no one shall be truly safe.
posted by A.S. on 10-28-2008 at 4:35 am
@A.S. (and others convinced that killing is “inhumane):
Whether you believe it “biblically” or simply from the perspective of survival, there is “humanity” in killing – even simple murder. Whether by Cain or by selfish lust, by human hands other human life is easily taken for furthering a goal.
Eye for an eye, as squid said, stands as the only semblance of justice most will accept in context of capital punishment. Personally, I feel that most folk in receipt of such a sentence suffer not enough.
What it really boils down to – in my opinion, at the least – is that humanity as a whole is incapable of the kind of altruism it takes to forgive all transgressions. That’s the only way that capital punishment will ever disappear, and THAT is most certainly NOT human nature.
posted by zanbowser on 10-28-2008 at 10:53 am
I think that the death penalty, at least now days, is not necessarily for the punisment of the guilty, rather for the deterrent of future criminals.
posted by BOB on 10-29-2008 at 8:04 am
Thanks for citing the source of the photo — me :-)
posted by Cris on 1-19-2009 at 9:58 pm
I believe in the death penalty. Especially for severe cases like baby killers, and baby rapist, mass murderers. Why should they get to live on my tax dollars in a jail cell. Thats to good for those low lifes.
ANYWHO!!! I thought about Green Mile while reading this, and Sin City… Man.
posted by Chrystani on 2-6-2009 at 5:02 pm