Legalities

Life, Politics and the Law From ABC News Correspondent Jan Crawford Greenburg

Jan Crawford Greenburg is a correspondent for ABC News' bureau in Washington DC. She covers politics, the Supreme Court and provides legal analysis for ABC News. She is a graduate of the University of Chicago's law school and is a member of the New York bar.

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An execution or a reprieve?

October 30, 2007 11:19 AM

At some point today, convicted killer Earl Wesley Berry will either die or get a reprieve. The Mississippi man is scheduled to be put to death at 6 p.m. CDT, but he’s asked the Supreme Court to step in and block his execution. Berry is making an argument similar to that of other death row inmates across the country: He contends the current method of lethal injection amounts to cruel and unusual punishment, in violation of the Constitution’s 8th Amendment.

The Supreme Court already has agreed to decide whether lethal injections violate the Constitution, in a case from Kentucky. But it’s unclear what that means for the 35 other states that also use lethal injections. Some states have decided to hold off until the Court rules. Others are going forward. The Court, for its part, has sent mixed signals. It has blocked two and allowed one. And Justice Antonin Scalia suggested two weeks ago it was not imposing a moratorium.

Berry’s case is important, because it could signal whether the justices do, in fact, want a moratorium on lethal injections until they decide whether the procedure is unconstitutional. We'll know by 6 p.m. CDT today.

October 30, 2007 | Permalink | User Comments (36)

User Comments

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Why all the fuss... if we are going to murder someone let's save some money and just use a single 45 cal bullet behind the shed... the argument for being "humane" in inflicting death is absurd!@

Posted by: RW | Oct 30, 2007 12:18:51 PM

I wonder if Earl Wesley Berry thought about cruel and unusual punishment while he was killing his victim? I'm so sick of this debate. Fry em and lets move on.

Posted by: Jen | Oct 30, 2007 12:20:49 PM

Lethal injection is painless. You can’t get more humane than that. I’m also good with life in prison for this type of scum, but with no TV, books, or workout rooms. Just a slaves life of hard labor for the rest of their days.

Posted by: ToeNee | Oct 30, 2007 12:24:49 PM

Yeah, why is there such a fuss for these killers? They certainly weren't giving their victims any consideration as to whether or not they were inflicting 'pain or suffering'. Total BS! Their punishment should be the same as they did to their victim(s) - and nothing less!

Posted by: Mel | Oct 30, 2007 12:32:54 PM

Why are we catering to the wants of these murders anyway? They don't want to hang. They don't want electricution. They don't want lethal injection. I agree with RW.. Bring a .45 to the back of the shed, and be done with it. Give the victims relatives, and loved ones some satisfaction and relief. America can be the police force for the world, but we are afraid to take care of our own scum. Such BS.

Posted by: Terry | Oct 30, 2007 12:36:29 PM

Look if they were convicted on solid DNA evidence then they should be executed in the same manner they used in committing the murder.

They need to experience the same pain and suffering they inflicted on their victim. Then maybe others will think twice before then kill someone.

Posted by: Andy | Oct 30, 2007 12:41:49 PM

I don't know... I keep thinking that perhaps the ancient practice of death by stoning should be revived - with the absolute requirement that all members of the convicting jury, the trial judge and the prosecutor MUST throw the first stones. Execution should be bloody and ugly and entirely personal - not the sanitized puting-down of a pet.

Posted by: Jordan | Oct 30, 2007 12:42:32 PM

Every prison in this country is overcrowded; it costs us ~40,000 per year to keep these life sentence prisoners in jail for decades. Anyone who has had a surgery where they were put to sleep while in surgery knows that in a couple of seconds after the Anesthesia has been added to your IV you very gently go to sleep. If the dose were just a bit stronger you would also die.

Tell me how this is an inhumane process???
Every time I have had surgery I have never though it to be an inhumane way to go to sleep.

Posted by: Scott | Oct 30, 2007 12:48:04 PM

If hanging was good enough for Saddam Hussein.........

Posted by: Chris | Oct 30, 2007 12:52:40 PM

These scumbags did not care what their victims or the families who where hurt thought or felt. We should excute these people 3 days after they have been convicted using the same method that they killed their victims by.

Posted by: Mike Paul | Oct 30, 2007 12:57:09 PM

I never have understood why sane people endorse the death penalty. From a religious point of view, it makes a person just as guilty as the murderer. To me, a life behind bars as a slave to hard labor is more just. The person has a long time to think about what they did wrong.

The second problem with the death penalty is the fact that innocent people have been killed only to be found innocent later on. Again from a religious view, the makes people who condone the death penalty just as guilty if no more so.

May GOD have mercy on the people who stoop to the level of a murderer.

Posted by: Richard | Oct 30, 2007 1:22:23 PM

Let us not forget the many who are executed who were later found innocent of the crime charged. Our system is NOT perfect. I think to execute someone in such a premeditated way is as heinous as the crime they are charged with. If the person is a monster, then they should be enslaved for the rest of their days with NO comforts. Who knows, a few years down the road, there would be some who would be exonerated of their charges.

Posted by: RW | Oct 30, 2007 1:23:38 PM

Amen...

Posted by: Danielle | Oct 30, 2007 1:32:06 PM

I believe if there is no doubt of persons guilt than let's "Get'er done". For those bleeding heart liberals who want to save murders from execution for a heinous crime, let them pay for that support for the rest of their natural lives...

Posted by: Harry | Oct 30, 2007 1:46:59 PM

If it was proven beyond a reasonable doubt, please stop wasting tayxpayers' money and be done with it. Lethal injection is not "cruel".

Posted by: Nancy | Oct 30, 2007 1:49:20 PM

Back in early 1989; a young white girl; 15 yrs old; was picked up and raped and then killed by two africans. These two were suppose to die by lethal injection however; its all been put on hold until they make a decsion on this. What about the young girl who was only 15 back in 1989; and these two africans are still eating and breathing; and the taxpayer is paying for it. Service justice and get it done........

Posted by: jacksonlee | Oct 30, 2007 2:02:13 PM

if the killed they should die the same way
their victims had no choice

Posted by: lisa | Oct 30, 2007 2:02:17 PM

All of you that believe the death penalty recipient should be stoned or tortured should have to be the person carrying out the punishment. You believe you are on higher ground and are more humane than murderers. How many of you claim to be Christians? So much for Jesus' philosophy of turning the other cheek. I believe most of you would be for bringing back lynch mobs since I feel you don't think courts have any role to be played in punishment and conviction. Many blowhards will say, "of course, I would flip the switch or throw the 1st stone," but in reality, I don't believe you comprehend how difficult this would be. You lower yourself to the level of the convict.

Posted by: bleeding heart liberal ?? | Oct 30, 2007 2:04:33 PM

Richard, Can you site one instance where someone was put to death and later proven innocent? Because i've never heard of one. Maybe you could sent more of your hard earned money to keep these scumbags locked up with cable tv, ac, basketball, meals. May God have mercy on YOUR soul. Eye for an eye.

Posted by: Doug | Oct 30, 2007 2:27:28 PM

Doug, there are at least 200 cases where people on death row have been released based on exoneration, usually through DNA. Only one case has proceeded to verify guilt through DNA after the death penalty was already meted out. In this one particular case, DNA proved the verdict was correct. But with at least 200 exonerated from death row, isn't it reasonable to believe that innocent people have been put to death? One innocent person being put to death in error is one too many for me. We are sometimes so far removed from the parties involved that it is difficult to objectively judge the situation. We should all try to ask the question - "what if this were my brother or sister being put to death, all the while proclaiming their innocence?"

Posted by: Jeannie, the bleeding heart liberal? | Oct 30, 2007 2:38:43 PM

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