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Glossip Vs. Gross: Case Study

1230 Words5 Pages

Astha Sahoo Legal Brief

Case: Glossip vs. Gross
Case #:14-795
Facts of the Case
On April 29th, 2014, Clayton Lockett was put to death by Oklahoma with a three drug lethal injection process. The procedure took 40 minutes, which was more than normal. After this event, the state of Oklahoma suspended all executions till a new formula was invented that drugged a person immediately. Charles Warner and 20 other death row inmates were enraged at Oklahoma for causing so much pain to Lockett and decided to sue various officials of the state of Oklahoma. Their argument was that the use of midazolam as the initial drug violated the 8th amendment 's constraints from cruel and unjust punishment.. They also requested preliminary injunction to prohibit …show more content…

With the use of midazolam, the outcome is fallout is not always a quick death. Also, the death penalty in general forces many inmates to commit suicide or feel pressured. Glossip states that “...it’s pure torture, I’m not lying(Glossip).
Respondent: Kevin J. Gross The use of midazolam does not violate the 8th amendment. There have only been a few cases that have failed, and we have improved our strategy. Even if the execution takes more than the estimated amount of time, there is not a substantial amount of pain that would be consisered as cruel and unusual punishment.In addition, those being given capital punishment are deprived of life for taking away the lives of others.
Opinion of the Court
(Justice Samuel A Alito Jr.) There is not sufficient evidence that midazolam causes severe pain. Further, the 8th amendment does not obligate the execution method be free of pain. Besides, those given capital punishment are “deprived of life”(Alito), so the meager pain they encounter is incomparable to the amount of pain he/she caused to the victim(s). In addition, there is not sufficient evidence that the use of midazolam causes induces a notable risk of severe pain that the death penalty should be outlawed. Judges agreeing with the majority opinion are John Roberts, Antonin Scalia, Anthony Kennedy, Samuel Alito, and Clarence

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