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SC Supreme Court Affirms Execution Options, Upholds Use of Firing Squad, Electric Chair

 August 1, 2024

In a landmark ruling on July 31, the South Carolina Supreme Court confirmed that death row inmates could opt for execution by firing squad or electric chair, options not deemed cruel or unusual punishments.

The state high court's decision addresses the state's inability to procure lethal injection drugs, endorsing alternative execution methods outlined via legislation in 2021, as UPI reports.

The case stemmed from legal challenges by death penalty opponents following the state legislature's 2021 approval of firing squads and electric chairs due to the unavailability of lethal injection drugs.

This ruling follows extensive court debates over what constitutes cruel and unusual punishment.

South Carolina Adapts to Execution Drug Shortages

In response to the aforementioned drug shortages, South Carolina's legislature passed a law enabling the use of older execution methods, which was initially overturned by a lower court as unconstitutional. The state's high court's recent decision reversed that ruling, emphasizing the constitutional basis for the death penalty.

Justice John Cannon Few, who penned the majority opinion, stated that offering a choice between the electric chair and the firing squad aligns with constitutional rights, suggesting that it may reduce the inmates' suffering by allowing them to choose.

Government and Legal Perspectives on the Ruling

South Carolina Gov. Henry McMaster lauded the Supreme Court’s decision, asserting it reinforces the rule of law and provides necessary closure to victims' families. "The Supreme Court has rightly upheld the rule of law. This decision is another step in ensuring that lawful sentences can be duly enforced and the families and loved ones of the victims receive the closure and justice they have long awaited," stated McMaster.

Opposition from civil rights groups was swift, with the ACLU of South Carolina condemning the ruling. Jace Woodrum, ACLU-SC Executive Director, argued that executions remain a cruel and unusual punishment, ineffective in deterring crime or ensuring public safety.

Historical Context and Recent Developments

The controversy began when four death row inmates challenged the 2021 law, leading to an initial victory in a lower circuit court that deemed the method unconstitutional. However, this was upended by the Supreme Court's recent decision.

In 2022, South Carolina addressed some of the drug availability issues by passing a "shield statute," which protects the identities of companies that supply execution drugs, thus attempting to resume lethal injections.

The last execution in the state was conducted in 2011, and there are currently 32 inmates on death row in South Carolina.

Legal and Ethical Implications of the Supreme Court's Decision

The ruling has sparked a broader debate about the methods and ethics of capital punishment, reflecting ongoing national conversations about the death penalty.

Supporters argue that the decision merely provides options that could potentially minimize suffering, while opponents see it as a step back in the fight against capital punishment.

Justice Few's remarks reflect this tension: "In the context of the constitutional principle that our state may carry out the death penalty on those on whom it has been lawfully imposed, the choice cannot be considered cruel because the condemned inmate may elect to have the state employ the method he or his lawyers believe will cause him the least pain."

Looking Forward: The Future of Capital Punishment in South Carolina

This decision may influence future legal battles over the death penalty both in South Carolina and nationally, as states continue to navigate the complexities of executing the law amidst pharmaceutical challenges.

As the state proceeds with this policy, the impacts on the legal system, ethical considerations, and public opinion are expected to evolve, potentially prompting further legislative or judicial actions regarding capital punishment.

In conclusion, the South Carolina Supreme Court's ruling upholds a controversial law that permits death row inmates to choose between being executed by firing squad or electric chair, after the state faced challenges in obtaining lethal injection drugs.

Gov. McMaster supports the decision, emphasizing law enforcement and closure for victims' families, while opponents, led by figures such as Jace Woodrum from the ACLU, decry the practice as cruel and unusual, calling for its abolition.