USS Clueless              Voyages of a restless mind

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Stardate 20010608.1214 (On Screen): The Eighth Amendment reads as follows: "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted." The word "and" is critically important: the courts have held that for a punishment to violate the Eighth Amendment it has to be both unusual and cruel. Which is why this business isn't going to work. Some other lawyers representing a different defendant want to film the execution of Timothy McVeigh (now scheduled for this coming Monday) so as to use it as evidence that capital punishment is "cruel and unusual" for their own client.

Execution may well be cruel — lethal injection is as merciful a death as is possible with current technology but it's arguable that the mere fact of death is cruel — but execution is not unusual. And if merely being cruel were sufficient to satisfy the Eighth Amendment, no-one could ever be punished for any crime. Those who wrote the Eighth Amendment surely didn't intend that. But defense lawyers have an obligation to do everything they can for their clients even if they think it's futile, so I don't disrespect them for this.

What I dislike is that it's virtually certain these tapes will escape, and soon you'll see his execution online on web sites all over the world. In fact, if they're introduced as evidence in another trial, then they'll become a matter of public record, and escape becomes certain. (Tommy and Pamela, anyone?)

Update: The Third Circuit Court overrode the judge's decision and refused to permit the taping.

Update: The Supreme Court has now refused to override the Circuit Court. (discuss)