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Disabilities On Death Row: The Ada, Ableism, And Alternatives To The Eighth Amendment, Christopher Hill J.D., Ll.M

Lincoln Memorial University Law Review Archive

In one of the most recent death penalty cases, the Supreme Court of the United States held that the Eighth Amendment to the Constitution’s prohibition against cruel and unusual punishment does not guarantee a painless death and that the execution was constitutional if there was not “superadded” pain, despite the inmate’s disability causing extreme pain when he was required to lie down on a gurney.While the Court used an Eight Amendment analysis to determine whether additional pain triggers further protection for a death row inmate, it may be time to view some cruel and unusual punishment claims under a disability …