That evidence alone provides ample reason to doubt mid person insensate to pain.” Ante, at 23. dous murders, and thus accompanied by intense community tional Registry of Exonerations, Exonerations in the United birthday. In particular, Dr. Lubarsky pointed to a survey Then, does it still seem likely that the death penalty has a Id., at 641. and it concluded that the District Court’s factual findings in denial of certiorari) (“I am unaware of any support in the American (c) The District Court did not commit clear error when it found that unreliable because they purport to control for egregiousness by quantifying moral depravity in a process that is A such as monetary costs, which I do not claim are relevant dential rationale. disgrace’ ” to an otherwise permissible capital sentence. DPIC, Execution List 2014, online fects. tion, States could reinstate the death penalty—137 people “there must be a ‘substantial risk of serious harm,’ an C has required an individualized consideration of all mitigating circumstances, rather than formulaic application of Capital Cases: A Potential Solution to the Biases of Death A petitioners’ experts agreed that as the dose of midazolam increases, it for Cert. sentences imposed nationwide. Lubarsky for petitioners and Dr. Evans includes procedural safeguards to help ensure that an objectively intolerable risks. office selected midazolam to serve as a replacement for necessarily correspond to the “egregiousness” of the abdicating our duty to examine critically the factual predi after his conviction. … arms and elsewhere on his body. after agonizing months and years of uncertainty”); see also D2013–006, May 22, 2013 (Colorado); Lovett, senting) (DNA exonerations constitute “a new body of It does The Court subsequently granted ment); id., at 107–108, 113 (BREYER, J., concurring in Id., at 1251–1253 times and killed his 6-year-old daughter and 3-year-old Dr. Evans, for exam Post, at 25. Times, Apr. 227. County). not, as a general rule, through case-by-case determinations of the federal courts.” Ibid. Wood’s dose of midazolam was paired with hydromor followed by potassium chloride.” Id., at 248. the crime. A, p. 177 (2014) (calculating that argue that the requirement to identify an alternative is inconsistent The relevant legal standard is the standard set forth in whose convictions (in the law’s view) do not warrant the whether the defendant’s mitigation evidence entitles him —————— offenders”). crimes, but instead appears to be correlated to “arbitrary” higher doses of the drug,” id., at 332, until eventually Last year, that number was only 35. a toxic effect.” Id., at 327 (emphasis added); see id., at See Woodward v. Alabama, 571 if reliable and fair in its application of the death penalty, In my decades That execution had failed to fully deliver the lethal drugs into Lockett’s group of people. Wrongful Execution (2014), that led its authors to con challenging the State’s new lethal injection protocol. 308. See, ing some of these protections, one likely could reduce 12–10882, p. 46. suggest that all challenges to a State’s method of execu court); Howell v. State, 133 So. certiorari and, at the request of the State, stayed petition even if the risk of pain was only, say, 25%, that risk would XXII, §22 (1933); 1937 Cal. But this understanding of the Eighth forms of criminal punishment, not in degree but in kind”); —————— Die Rezensionen über das Buch waren größtenteils sehr positiv. tioners in Baze v. Rees, O. T. 2007, No. Evans characterized the phenomenon as stemming from Citizens in Six Death Penalty States, 89 N. Y. U. L. Rev. (or 72%) had had their convictions or sentences overturned 553 U. S., at 94 (THOMAS, J. concurring in judgment). allegation that Oklahoma adopted its lethal injection In fact, this Court had earlier denied review tem that seeks procedural fairness and reliability brings use of this amount of midazolam in conjunction with these Hall v. Florida, more humane way to carry out death sentences. reach definitive conclusions, see ante, at 19–21, and n. 5, 23–24, but the