Ethics Quiz: Botched Executions

I suppose it would be helpful to know what “Lucky Christa” had done to warrant execution. While living at the Job Corps training campus, Pike, then 18, became convinced that fellow student Colleen Slemmer was trying to steal her boyfriend, Tadaryl Shipp. On January 12, 1995, Pike, Shipp, and two others invited Slemmer to join them in the woods to smoke pot. There they attacked her. For the next 30 minutes, Slemmer was beaten and slashed with a box cutter. A pentagram was carved into the girls’ chest before Pike crushed Slemmer’s skull with a large chunk of asphalt. Then Christa kept a piece of Slemmer’s skull and showed it to other students at the school, leading to her arrest.

Yeah, I’d say Pike deserved the death penalty.

Your Ethics Alarms Ethics Quiz of the Day is…

Now what?

My not-quite-certain answer before I read your brilliant analysis: I think in cases like Christa’s, declaring that she has served her sentence and releasing her is the most ethical response. She’s been in prison for 31 years. She’s not a menace to society, and I consider keeping a teenager in prison and death row for so long is cruel and too usual. If officials know that botching executions will lead to freed murderers and public fury, they’ll stop screwing around with ridiculously complicated lethal injection schemes that fail far too often. Have the condemned prisoner led blindfolded to a chair, and have someone come out from behind a screen quickly and shoot him or her in the head. Quick, painless, and fool-proof. And you don’t need a doctor to handle the gun. Or get a tough ex-baseball slugger to walk out with a Hillerich & Bradsby Barry Bonds autograph model and barrel up the prisoner’s melon.

I would want there to be exceptions for serial killers and mad-dog murderers still young enough to cause mayhem, but those execution survivors should have their sentences commuted after a single failed execution. Remember, I say this as an unshakeable defender of capital punishment

19 thoughts on “Ethics Quiz: Botched Executions”

  1. Does this change your mind:

    “On August 24, 2001, a fire forced staff at the Tennessee Prison for Women to move several women from their cells into a recreation cage. Among them were Pike, Natasha Cornett, and Patricia Jones. Jones was serving life for the 1994 murder of 84-year-old Alberta Coker in Knoxville. After a dispute between Jones and Cornett, Pike choked Jones with a boot lace or shoestring until Jones lost consciousness. Officers intervened and Jones survived.

    Pike was convicted of attempted first-degree murder on August 12, 2004, and received a 25-year sentence, ordered to run with her existing death sentence. She told investigators she did not want to say she intended to kill Jones, but that she “didn’t care if she died” and “wouldn’t lose any sleep over it.” She claimed she was protecting Cornett. The trial court and the Court of Criminal Appeals found that her actions and statements contradicted a pure self-defense or protection story.”

    • Unlike our host, I generally am against capital punishment except under very specific circumstances. A person in prison for life committing another murder is one of those circumstances. Bring on the death penalty. This changes the analysis completely in my view.

  2. The only thing wrong with execution by nitrogen asphyxiation is that it’s painless. Depriving a person of oxygen, without letting CO2 build up, is quick, inexpensive, and effective. Industrial accidents with pure-nitrogen atmospheres demonstrate that it causes prompt loss of consciousness without any sense of alarm, followed by a peaceful demise.

    Well, there is ONE other problem… too many people would panic at the thought that they are, right now, breathing a gas mixture that contains 78% nitrogen.. that gas that kills people!

  3. I believe her sentence was death, she hasn’t died yet, so she hasn’t fulfilled the terms of her sentence. If she had died and spontaneously revived herself after death, the I say release her, she has fulfilled the terms of her sentence. So, since she has NOT fulfill the terms of her sentence, they must try again. I’d use two very large caliber rifle bullets simultaneously, one to the forehead and one to the heart.

    The reason they use lethal injection is so the execution doesn’t traumatize the witnesses.

    I’m going to take a wild guess (because it hasn’t been reported yet) that she is brain dead due to the drugs they gave her and they just have to wait for the rest of the body to follow suit.

    SIMILAR QUESTION
    If a murderer is sentenced to life in prison and the cell door didn’t lock when they shut it, should they release the murderer?

    • This is an accurate assessment. The statement, “hanged by the neck until dead” is the fundamental standard for “capital punishment”. Your sentence isn’t “we’re gonna try to kill you”, it is “we’re going to kill you”.

      That being said, when you read about Christa Pike’s upringing – a world of absentee parentings and worse, parents who put her directly into the worst forms of abuse: physical, mental and sexual – one can’t help but see an outcome that Christa Pike was going to be a criminal, miscreant or net drain on society’s ‘goodness’ for most of her life. Given what was noted in her upbringing, there was scant likelihood that anyone would have guessed she would have turned out “well”.

      So whose “fault” is the murder?

      We’d like to blame her mom and dad for her wretched upbringing. THEY’RE at fault for the murders.

      Ok…what were her parents’ upbringings like? Maybe they had horrendous fathers and mothers and the murder committed by Christa Pike is just the culmination of generations of genuinely crappy acculturation.

      Ok? So?

      I know plenty of people with less than ideal all the way to genuinely abysmal parenting, they managed to avoid murdering people in heinous ways. Yet, when you see Christa Pike’s upbringing you can’t help but analogize to the puppy that is beaten and starved and fed only when he bites other dogs. What else is that puppy, full grown, going to do when he encounters other dogs?

      So there’s virtually no hope of teaching a completely virulent *barbarian* civilization when they’ve grown up believing they were, indeed, civilized. There is some hope, remotely, but not much. To a degree, while our society is made up of individuals, and we go to our utmost to protect individual liberties and rights, we cannot escape the fact that we are also a ‘collective’ entity that has internal flaws that cannot be fixed and must be eliminated.

      Is that what Christa Pike is? A cancerous flaw that must be cut out for the sake of the body because there is no healing for the malfunctioning cell?

      Maybe.

      I often comment, in terms of geopolitics and history that 20 years ago is a foreign country. The same is sort of true for people. You are not who you were 20 years ago. That person is a completely different person. Except your soul bears the memories and misdeeds of that person 20 years ago. How we go 30 years with people on death row blows my mind. We’re killing entirely different people than who committed crimes. The person 20 years ago deserved death. But then we let an entire generation slip by and community that is completely foreign to that context is now responsible for doing justice on behalf of a *foreign country*.

      What abject irresponsibility.

      But in that generation of time, the victim doesn’t heal. The trust of the society that was violated wasn’t mended. No, a foreign country has to make recompense on behalf of a country that doesn’t even exist anymore.

      No, capital punishment must be carried out quickly if it is to matter. And it should be publicized or it does NO good for the society, as the community in question will be gone too soon.

      I don’t know what to do about Christa Pike cases – she earned the death penalty because she did, indeed commit murder within a society that had largely afforded her every opportunity to grasp the basic concept “don’t hurt others”, but she still did it – largely because she was raised by parents in conditions that almost surely guaranteed she had no value of other people’s lives (not her fault).

      But the civilization that decided she was simultaneously a cancer that needed removal AND there was a victim (including society) that needed as close to a fair act of restitution as possible also was a civilization that waited 30 years until it no longer existed in any recognizable form, it’s a hard case.

      None of this has anything to do with it being “botched”.

      Here’s an excerpt from R.A. Heinlein’s Starship Troopers (the book, not the movie, which is abysmal as an adaptation, but remarkably fun as a standalone movie):

      I found myself mulling over a discussion in our class in History and Moral Philosophy. Mr. Dubois was talking about the disorders that preceded the breakup of the North American republic, back in the 20th century. According to him, there was a time just before they went down the drain when such crimes as murder were as common as dogfights. The Terror had not been just in North America — Russia and the British Isles had it, too, as well as other places. But it reached its peak in North America shortly before things went to pieces.

      “Law-abiding people,” Dubois had told us, “hardly dared go into a public park at night. To do so was to risk attack by wolf packs of children, armed with chains, knives, home-made guns, bludgeons … to be hurt at least, robbed most certainly, injured for life probably — or even killed. This went on for years, right up to the war between the Russo-Anglo-American Alliance and the Chinese Hegemony. Murder, drug addiction, larceny, assult, and vandalism were commonplace. Nor were parks the only places — these things happened also on the streets in daylight, on school grounds, even inside school buildings. But parks were so notoriously unsafe that honest people stayed clear of them after dark.”

      I had tried to imagine such things happening in our schools, I simply couldn’t. Nor in our parks. A park was a place for fun, not for getting hurt. As for getting killed in one — “Mr. Dubois, didn’t they have police? Or courts?”

      “They had many more police than we have. And more courts. All overworked.”

      “I guess I don’t get it.” If a boy in our city had done anything half that bad … well, he and his father would have been flogged side by side. But such things just didn’t happen.

      Mr. Dubois then demanded of me, “Define a ‘juvenile delinquent.'”

      “Uh, one of those kids — the ones who used to beat up people.”

      “Wrong.”

      “Huh? But the book said — ”

      “My apologies. Your textbook does so state. But calling a tail a leg does not make the name fit. ‘Juvenile delinquent’ is a contradiction in terms, one which gives a clue to their problem and their failure to solve it. Have you ever raised a puppy?”

      “Yes, sir.”

      “Did you housebreak him?”

      “Err … yes, sir. Eventually.” It was my slowness in this that caused my mother to rule that dogs must stay out of the house.

      “Ah, yes. When your puppy made mistakes, were you angry?”

      “What? Why, he didn’t know any better; he was just a puppy.”

      “What did you do?”

      “Why, I scolded him and rubbed his nose in it and paddled him.”

      “Surely he could not understand your words?”

      “No, but he could tell I was sore at him!”

      “But you just said that you were not angry.”

      Mr. Dubois had an infuriating way of getting a person mixed up, “No, but I had to make him think I was. He had to learn, didn’t he?”

      “Conceded. But, having made it clear to him that you disapproved, how could you be so cruel as to spank him as well? You said the poor beastie didn’t know that he was doing wrong. Yet you inflicted pain. Justify yourself! Or are you a sadist?”

      I didn’t then know what a sadist was — but I know pups. “Mr. Dubois, you have to! You scold him so that he knows he’s in trouble, you rub his nose in it so that he will know what trouble you mean, you paddle him so that he darn well won’t do it again — and you have to do it right away! It doesn’t do a bit of good to punish him later; you’ll just confuse him. Even so, he won’t learn from one lesson, so you watch and catch him again and paddle him still harder. Pretty soon he learns. But it’s a waste of breath just to scold him.” Then I added, “I guess you’ve never raised pups.”

      “Many. I’m raising a daschund now — by your methods. Let’s get back to those juvenile criminals. The most vicious averaged somewhat younger than you here in this class …and they often started their lawless careers much younger. Let us never forget that puppy. These children were often caught; police arrested batches each day. Were they scolded? Yes, often scathingly. Were their noses rubbed in it? Rarely. Newspapers and officials usually kept their names secret — in many places this was the law for criminals under eighteen. Were they spanked? Indeed not! Many had never been spanked even as small children; there was a widespread belief that spanking, or any punishment involving pain, did a child permanent psychic damage.”

      (I had reflected that my father must never have heard of that theory.)

      “Corporal punishment in schools was forbidden by law,” he had gone on. “Flogging was lawful as sentence of court only in one small province, Delaware, and there only for a few crimes and was rarely invoked; it was regarded as ‘cruel and unusual punishment.'” Dubois had mused aloud, “I do not understand objections to ‘cruel and unusual’ punishment. While a judge should be benevolent in purpose, his awards should cause the criminal to suffer, else there is no punishment — and pain is the basic mechanism built into us by millions of years of evolution which safeguards us by warning when something threatens our survival. Why should society refuse to use such a highly perfected survival mecahnism? However, that period was loaded with pre-scientific pseudo-psychological nonsense.

      “As for ‘unusual,’ punishment must be unusual or it serves no purpose.” He then pointed his stump at another boy. “What would happen if a puppy were spanked every hour?”

      “Uh … probably drive him crazy!”

      “Probably. It certainly will not teach him anything. How long has it been since the principal of this school last had to switch a pupil?”

      “Uh, I’m not sure. About two years. The kid that swiped –”

      “Never mind. Long enough. It means that such punishment is so unusual as to be significant, to deter, to instruct. Back to these young criminals — They probably were not spanked as babies; they certainly were not flogged for their crimes. The usual sentence was: for a first offence, a warning — a scolding, often without trial. After several offenses a sentence of confinement but with sentence suspended and the youngster placed on probation. A boy might be arrested may times and convicted several times before he was punished — and then it would be merely confinement, with others like him from whom he learned still more criminal habits. If he kept out of major trouble while confined, he could usually evade most of even that mild punishment, be given probation — ‘paroled’ in the jargon of the times.

      “This incredible sequence could go on for years while his crimes increased in frequency and viciousness, with no punishment whatever save rare dull-but-comfortable confinements. Then suddenly, usually by law on his eighteenth birthday, this so-called ‘juvenile delinquent’ becomes an adult criminal — and sometimes wound up in only weeks or months in a death cell awaiting execution for murder.”

      He had singled me out again. “Suppose you merely scolded your puppy, never punished him, let him go on making messes in the house … and occasionally locked him up in an outbuilding but soon let him back into the house with a warning not to do it again. Then one day you notice that he is now a grown dog and still not housebroken — whereupon you whip out a gun and shoot him dead. Comment, please?”

      “Why … that’s the craziest way to raise a dog I ever heard of!”

      “I agree. Or a child. Whose fault would it be?”

      “Uh … why, mine, I guess.”

      “Again I agree. But I’m not guessing.”

      • Comment of the Day. One note: “Ok? So?: Bingo. It should matter why someone becomes a predator, a psychopath, and socially dangerous. This is toxic empathy again, and has been a creeping left-led blight on ethics and law at least since the 1950s. Heck, it even shows up in “Twelve Angry Men” as Juror 8 points out that the defendant accused of killing his father has been beaten since he was a young child. So he gets a Get Out Of Killing Your Father Free Card then? Yeah, it’s too bad, a tragedy. If he killed his father and it wasn’t self defense, he’s guilty and should get the punishment for murder. The “logic” really took hold when it was deemed an automatic defense of any black criminal in the Sixties and after.

  4. I say this every time there’s a controversy about executions.

    When I’ve had colonoscopies, and when I had the only surgery of my life, they stick a needle in my arm, and in less than 10 seconds I am OUT. Doctors could do anything to me and I would not feel it.

    Why not use whatever drug they use to knock out patients to first put the convict to sleep, and then as Jack has suggested, a bullet to the back of the head would end things. Of course, there would be a little mess to clean up, but the deed would be done with 100% certainty. And it defnitely would be cheaper!

  5. considering how lethal fentanyl can be, it seems like a very humane and effective way to execute people.
    or take a cue from the assisted suicide advocates; they want to kill people humanely. Follow their methods.
    —Jut

  6. Just goes to show evil is hard to kill. But don’t stop trying. I find it ironic that she is using the cruel and unusual punishment argument given that her death sentence was for the torture murder of another woman. Seems like there should be some some way to bar 8th amendment claims when the convict committed a heinous and brutal crime.

    • Good point, Chris. All of this country’s means of execution are nearly always far more humane than the treatment those being executed gave their victims. Timothy McVeigh came to mind this morning…blew up 160-odd people in a catastrophic car bomb and was allowed to peacefully go his eternity via the juice. There’s a rather large part of me that believes if we made the death penalty a bit more painful and a bit more protracted, evil people might pause a bit more to reconsider the crimes they’re about to commit.

      As for the subject in the OP?…Ms. Pike?…she’s in critical condition receiving treatment in a hospital to keep her alive (according to Wikipedia).

      I’m jumping the shark a bit here, but what’s really disturbing (and I’ll add “disgusting”) is that had Christa been a baby that survived an abortion (and there are some of those), a host of people would be clamoring for doctors to “abort again.” There are people who extend more grace and mercy to a convicted murderer and death-row inmate than an unborn child.

  7. “She’s been in prison for 31 years. She’s not a menace to society, and I consider keeping a teenager in prison and death row for so long is cruel and too usual.”

    I’ve seen the argument that her waiting in prison for 30-plus years, enduring the wait for the Supreme Court decision and the governor’s decision counted as punishment, even crual and unusual punishment. I disagree. The appeals caused her to wait in prison for that long. The appeals caused the SCOTUS delay. Every delay to her execution was on the part of her and her attorneys.

    Set a precendent that waiting in prison for decades waiting to see if your appeals run out or you hit paydirt counts as cruel and unusual punishment or, at least, is the equivalence of a death sentence and you will send the wrong message.

    ” If officials know that botching executions will lead to freed murderers and public fury, they’ll stop screwing around with ridiculously complicated lethal injection schemes that fail far too often.”

    No, they won’t. Your solution of shooting them is what Nazis do, right? I can hear the furies screaming now, “It’s not humane!” We have to come up with a humane solution even though every form of execution has, at one time or another, been touted as humane. The goal posts always get moved because the goal is to redefine every humane form of execution as inhumane so that you can eventually get rid of the death penalty altogether.

    We also have no idea how many of these will be botched in the future deliberately in order to keep people from being executed. There are plenty of bad liberal actors out there who will make sure that the convict suffers in order to reach the greater good of eliminating executions. The end justifies the means, remember? People are a means to an end with them.

    At least, that’s my opinion.

    • A M Golden: “We have to come up with a humane solution even though every form of execution has, at one time or another, been touted as humane.”

      On the contrary, being hanged, drawn and quartered was never meant to be humane; it was meant to be inhumane and degrading, as were many early forms of execution.

      The guillotine was meant to be the great equalizer. Now, even the lowliest peasant would be dignified with the form of execution reserved for nobility: beheading.

      -Jut

      • Indeed, but I am referring to modern methods of execution, not pre-revolutionary torture and death practices. Hanging led to firing squads which led to electrocution which led to lethal injections and, each time, the anti-death penalty advocates assured us that the new method was more humane. Now they point out how unhumane it is everytime one is botched. Their goal was never to make execution more humane, it was to get rid of it altogether.

  8. You assumption is that she’ll come out of this mentally intact. There is a very good chance she’s had some severe brain damage as a result of this episode.

    I’m surprised so many people are completely glossing over the case of Louisiana ex rel. Francis v. Resweber, 329 U.S. 459 (1947). Willi Frances was sentenced to death, and Louisiana put him in the electric chair, but it just tortured him instead of killing him. Mr Frances’s attorneys filed with both the state and federal courts under 5th and 8th amendment claims. But the state and federal supreme court said his rights were not violated and he was sent back to the chair.

    Ethical or not,there is plenty of legal precedent here to go on.

    • I have no idea what her current condition actually is or what it is about to be, but because Providence hands us difficult decisions, I think she’s going to be on life support.

      And then we’ll have a genuine ethics dilemma – that is, where there is a single ethical course of action – to finalize the sentence by unplugging life support – bumping up against a ton of non-ethical considerations such as “muh feelz”.

Leave a comment