South Carolina Supreme Court Rules State Death Penalty Including Firing Squad is Legal

In a landmark ruling, the South Carolina Supreme Court declared on Wednesday that the state’s death penalty laws, which encompass a firing squad in addition to lethal injection and the electric chair, are permissible. This unanimous agreement by all five justices potentially paves the way for the resumption of executions, which have been on pause since 2011 in the state.

Justices’ Opinions On The Use Of Firing Squad And Electric Chair

Despite the overall consensus, there were notable discrepancies among the justices, with two expressing reservations about the legality of using a firing squad as a form of execution. Additionally, one justice stated that they believe the electric chair equates to cruel and unusual punishment.

The Legal Perspective

The majority opinion, penned by Associate Justice John Few, explains that the legality of the death penalty laws arises from the intention to minimize pain, rather than to inflict it. The availability of multiple methods of execution suggests that lawmakers are sincerely trying to make capital punishment as humane as feasible.

The Future of Executions in South Carolina

Although the ruling has removed one barrier to executions, it remains unclear when they will actually recommence, or whether defense attorneys will be able to appeal the ruling. South Carolina has executed 43 inmates since the reintroduction of the death penalty in the US in 1976, with almost all opting for lethal injection.

Potential Legal Disputes

Complications arose when the state’s stores of lethal injection drugs expired, leading to pharmaceutical companies refusing to replenish the supply if their identities could be publicly disclosed. In response to this, lawmakers authorized the use of a firing squad in 2021, thus providing inmates with a choice between this and the electric chair. This decision provoked a legal dispute, as inmates argued that each execution method constitutes cruel and unusual punishment, as forbidden by the Constitution.

The Shield Law and Its Implications

The spring of 2023 saw the passage of a ‘shield law’ by the Legislature, allowing for the confidentiality of lethal injection drug suppliers, and a proclamation in September that the state possessed pentobarbital. The use of a single drug was also introduced to replace the previous three-drug execution method. Lawyers for the death row inmates have since insisted they have a right to know detailed information about the lethal injection drug.

Dwindling Influx of Inmates to the Death Row

Prior to the last execution, South Carolina annually carried out an average of three executions, and had over 60 inmates on death row. Over time, however, successful appeals, natural deaths, and difficulties with obtaining lethal injection drugs, among other factors, have resulted in a significant decrease in this number. Moreover, an arguably more efficient alternative has emerged, as prosecutors increasingly opt for guilty pleas and life imprisonment without parole.