The death penalty, also known as capital punishment, is the execution of a convicted criminal by the state as punishment for a crime. The death penalty has long been a controversial topic, with some arguing it is an inhumane and ineffective deterrent against crime, while others believe it is justified retribution for the most heinous offenses.
One rare possibility in the application of capital punishment is the potential for a condemned inmate to survive their execution. This outcome raises difficult legal and ethical questions. What would happen in such an unprecedented situation?
What methods are used for execution in the United States?
There are several methods of execution used in the 32 U.S. states that retain capital punishment:
- Lethal injection – The most common method, used by all death penalty states. The inmate is injected with a cocktail of drugs designed to induce unconsciousness, paralysis, and cardiac arrest.
- Electrocution – The second most common method, used in 8 states. The inmate is strapped into an electric chair and electrocuted through electrodes attached to the head and leg.
- Gas chamber – Used in 3 states. The inmate is restrained in an airtight chamber which is then filled with lethal gas, most commonly hydrogen cyanide.
- Firing squad – Used in 3 states. A team of marksmen aim rifles at the restrained inmate’s heart, causing death through hemorrhage.
- Hanging – No longer used in the U.S. The inmate has a noose placed around their neck which breaks the neck and spinal cord when dropped through a trapdoor.
Lethal injection is designed to reliably cause a quick and supposedly painless death. However, some controversial executions have raised doubts about its effectiveness.
How could someone survive a modern execution?
There are a few highly improbable ways an inmate could theoretically survive a botched execution attempt:
Lethal injection
- Improper administration of drugs – If incorrect dosages or sequences are used, the drugs may not properly sedate and kill.
- Individual drug resistance – Extremely rare biological factors could make someone less susceptible to the sedative and lethal effects.
- Restricted circulation – The inmate’s cardiovascular health could impede proper circulation of the drugs.
- Regaining consciousness – After appearing dead, the inmate could regain consciousness once the paralytic wears off.
Electrocution
- Insufficient current – Technical errors could lead to the delivery of inadequate electrical current to cause death.
- Burns, not cardiac arrest – suboptimal electrodes could cause severe burns before inducing fatal cardiac arrest.
- Death not verified – The inmate could potentially regain pulses after being declared dead.
Gas chamber
- Gas leakage – Technical issues could prevent the chamber from being sufficiently airtight and filled with lethal concentrations of gas.
- Oxygen supply – Accidentally leaving an oxygen supply connected could allow breathing after losing consciousness.
- Gas resistance – Improbable biological resistance to cyanide could delay or prevent death.
While highly unlikely, execution methods are not foolproof. Some extremely rare scenario allowing an inmate to cling to life could plausibly occur.
Has anyone ever survived an execution attempt?
There are a few disputed accounts of individuals surviving executions:
Willie Francis – Louisiana, 1946
Francis survived a botched electrocution attempt. Possibly due to a power malfunction, the 17-year-old reportedly moaned and screamed “take it off” after the failed electrocution. His sentence was subsequently commuted to life in prison. He was released in 1964 and died of heart failure in 1987.
Romell Broom – Ohio, 2009
Broom reportedly survived 18 attempts to set IV lines during a problematic lethal injection process that was eventually halted. He argued that a second execution attempt would be unconstitutionally cruel and unusual, but further appeals were denied. He remains on death row.
Doyle Lee Hamm – Alabama, 2018
After several failed IV attempts during a halted lethal injection, Hamm filed lawsuits stating that he had been subjected to cruel and unusual punishment. He remained on death row until passing away in 2021 from natural causes.
While they did not survive the full intended executions, these incidents show the potential fallibility of execution methods. The constitutionality and morality of a second attempt was challenged in these cases.
What would happen legally if someone survived?
The legal implications of surviving an execution attempt would be complex and without clear precedent. Several key issues could be raised:
Constitutionality of a second attempt
Subjecting a person to a second execution after surviving a first attempt could be considered cruel and unusual punishment prohibited by the 8th Amendment. However, courts have generally ruled retrying executions to be legal.
Commutation of sentence
Surviving an execution could be grounds for having the death sentence commuted to life imprisonment by the governor, as in Willie Francis’ case. However, there would be no guarantee of this outcome.
Lengthy appeals process
The inmate and their counsel would likely undergo extensive appeals challenging the legality and constitutionality of a second execution attempt. This could lead to years of judicial deliberations.
Method of execution
Courts may need to rule on whether and how an alternative execution method could be utilized if the original method proved flawed in the first attempt.
Compensation claims
Survival of a patently botched execution could prompt the inmate to file suit seeking compensation damages for subjected pain and suffering.
There would be great legal uncertainty in uncharted territory. Ruling precedents and legislation may ultimately need to be established.
What would happen ethically if someone survived?
An execution survivor would spark complex ethical questions on many fronts, including:
Is a second attempt humane?
Some would argue subjecting someone to execution again after a failed first attempt is inhumane, regardless of legality. Others contend completing an originally ordered sentence is just. There are strong opinions on both sides.
Does this constitute cruel punishment?
Botched executions resulting in suffering have been decried as cruel, inhumane punishment that violates standards of civilized conduct. Counterarguments maintain measured capital punishment itself is not a cruel concept.
Were they wrongly spared?
More absolutist death penalty proponents may feel a “wrongful survival” illegitimately spared a condemned person their mandated punishment. This could spur efforts to rearrange a second execution attempt.
Value of life and redemptive capacity
More liberal views against capital punishment emphasize the intrinsic value of human life. Survival could exemplify an inmate’s capacity for redemption and positive change if granted life imprisonment instead.
There are compelling moral arguments in various directions that frame capital punishment as a profound ethical issue. An execution survivor would amplify the intensity of this enduring societal debate.
What are the odds of surviving a modern U.S. execution?
The probability of surviving a properly conducted execution using standard protocols is extremely low. Lethal injection, electrocution, and gas chamber methods are designed and tested to reliably cause death when administered appropriately.
However, history shows execution methods can be fallible in practice:
- From 1890 to 2010, the average botched execution rate for all methods was 3.15%.
- For lethal injection specifically, 7.12% of cases from 1890 to 2010 involved reported issues in administration.
- From 1980 to 2010, the botched rate for lethal injection was higher at 7.39%.
- Technical problems can also occur – in the electric chair, voltage and electrode issues have arisen.
While the probability is tiny, it is not zero. Human error and unanticipated technical factors make the chances of a rare “missed” execution non-negligible over time, though still extremely remote. Improper protocols could heighten risks.
Botched U.S. execution data
| Timeframe | Total executions | Botched executions | Botched rate |
|---|---|---|---|
| 1980 – 2010 | 1170 lethal injections | 86 botched | 7.39% |
| 1890 – 2010 | 8336 all methods | 263 botched | 3.15% |
Conclusion
Surviving a modern execution attempt in the United States would be an extraordinarily rare event, but remains possible in theory. Botched executions have occurred before, so a future survival, while exceedingly unlikely, cannot be ruled out. Any instances would raise complex legal dilemmas and heighten ethical debates on capital punishment. However, execution methods are designed and calibrated to reliably cause death. Survival would reflect a highly improbable administrative or technical failure, not a normal expectation.