The death penalty in Louisiana is at the forefront of conversation once again as a judge has blocked the state’s first nitrogen gas execution over concerns that it is “cruel and unusual” as defined by law.
Loyola Law Professor Dane Ciolino explained why to WWL’s Tommy Tucker. “The Eighth Amendment to the United States Constitution prohibits the state and federal government from punishment that is cruel and unusual. That means that a method of execution cannot impose unnecessary pain and suffering,” explains Ciolino.
When it comes to acting as a deterrent, Ciolino points that evidence is dubious when it comes to the death penalty. He also adds that, when it comes to cost-cutting, it’s actually more expensive to have a condemned prisoner put to death rather than letting them remain in prison for the rest of their lives.
“The extraordinary amount of due process that has to be given these defendants involves paying for multiple lawyers and experts to deal with mitigations,” Ciolino points out. He also adds that feeding and housing incarcerated individuals compounds the already pricey legal process.
Moving forward, Ciolino expects the legal matter to be tied up in the courts at both the state and federal levels for at least another year. Alabama is one state that has used nitrogen gas execution. Medical experts and witnesses to such executions in that state have been consulted in this case regarding the suffering of individuals put to death.