The South Carolina Supreme Court has ruled that the state can execute death row inmates using a firing squad, lethal injection, or the electric chair, paving the way for the resumption of executions after a hiatus of over a decade.
All five justices concurred with at least part of the decision. However, two justices expressed that they deemed the firing squad an illegal method of execution, and one contended that the electric chair constitutes cruel and unusual punishment.
In the United States, 27 states permit the death penalty, yet only seven have carried out executions in the last three years, as legal representatives and advocates debate issues surrounding excessive suffering, correct execution procedures, and the legality of newer methods, such as nitrogen gas asphyxiation or seldom-used firing squads.
FLORIDA GOV. RON DESANTIS AUTHORIZES DEATH PENALTY FOR 1994 KIDNAPPING AND MURDER
“We begin by recognizing the harsh truth that there is no dignified way to take a life,” Justice John Few remarked in the majority opinion.
Justice Few asserted that allowing inmates to select among the three methods of execution is not an attempt to inflict suffering but rather a genuine effort to render the death penalty less inhumane.
As many as eight inmates may no longer have traditional appeals available to them. It remains uncertain when executions might recommence or if there will be further appeals.
“We are currently reviewing our next course of action in this litigation and are dedicated to protecting our clients’ rights,” stated Lindsey Vann, an attorney with Justice 360, an organization advocating for inmate rights.
FILE – This undated photo provided by the South Carolina Department of Corrections shows the state’s death chamber in Columbia, S.C., featuring the electric chair on the right and a firing squad chair on the left. Quincy Allen, 44, was removed from death row on July 22, 2024, after opting for a life sentence following the overturn of his 2005 death sentence for the murder of two individuals in South Carolina. (South Carolina Department of Corrections via AP, File)
According to Corrections Department Director Bryan Stirling, South Carolina can implement any of the three execution methods as soon as the Supreme Court issues an execution order.
“Providing a choice cannot be deemed cruel, as the condemned inmate may choose the method they and their lawyers believe will inflict the least pain,” Few stated.
Since the resumption of the death penalty in the U.S. in 1976, South Carolina has executed 43 inmates. Nearly all of them opted for lethal injection since it became available in 1995.
The state has not conducted an execution since 2011. Problems with obtaining lethal injection drugs arose as supplies expired and pharmaceutical companies refused to sell more if they could be publicly identified. The justices noted that the state can utilize a single drug instead of the traditional three now that a shield law passed in 2023 allows officials to conceal the identity of lethal injection drug suppliers and procure the sedative pentobarbital as of September.
In 2021, lawmakers allowed the creation of a firing squad to give inmates an option between it and the electric chair, which the state has had since 1912. Inmates subsequently filed lawsuits, claiming that either option constituted cruel and unusual punishment as forbidden by the Constitution.
Four of the five justices concurred that none of the three methods are considered cruel based on the state constitution. Justice John Kittredge stated he would deem the firing squad illegal as it is unprecedented — available since the inception of South Carolina but never deployed.
Chief Justice Don Beatty opined that both the electric chair and firing squad are cruel. He noted that a firing squad could lead to a gruesome scene and questions remained about whether the three executioners could effectively target the heart. He described the electric chair as infrequently used today due to its painful and disfiguring nature, stating, “prisoners can be engulfed in flames, suffer severe burns, and bleed prior to death.” Beatty compared the electric chair to the act of burning someone at the stake.
“The only distinction, in my opinion, is the ‘modernization’ in the last century of the form of ignition — transitioning from a match to electrical current. The ultimate outcome of the process, in effect, remains unchanged,” Beatty wrote.
The justices emphasized that the prison director must still prove the stability and proper mixing of the lethal injection drug. Inmates retain the right to sue if they disagree with that determination, and the court assured a prompt ruling.
Currently, South Carolina has 32 inmates on death row. Four prisoners are engaged in litigation, while an additional four have exhausted their appeals, though two are set for competency hearings before any potential execution, as noted by Justice 360.
Governor Henry McMaster indicated that the justices accurately interpreted the law. “This ruling is another stride toward ensuring that lawful sentences can be effectively enforced, providing the families and loved ones of the victims with the closure and justice they have long awaited,” he stated in a declaration.
In February, during the argument before the South Carolina Supreme Court, the state maintained that the methods of lethal injection, electrocution, and firing squad were in line with existing protocols for the death penalty. “Courts have never ruled that death must be immediate or devoid of any pain,” noted Grayson Lambert, an attorney from the governor’s office.
Historically, South Carolina executed approximately three individuals annually and had over 60 inmates on death row when the last execution took place in 2011. Since that time, successful appeals and deaths due to natural causes have reduced the count to 32.
CLICK HERE TO GET THE FOX NEWS APP
In the last 13 years, prosecutors have only sent three new inmates to death row. Due to escalating costs, a shortage of lethal injection drugs, and more robust legal defenses, they often opt to accept guilty pleas in exchange for life imprisonment without parole, even in instances where a jury initially sentenced the perpetrator to death row.
