San Jose State University SJSU ScholarWorks Faculty Publications, School of Management School of Management 1-1-2014 Lethal Injection and the Right of Access: The Intersection of the Eighth and First Amendments Timothy F. Brown
[email protected] Follow this and additional works at: https://scholarworks.sjsu.edu/org_mgmt_pub Part of the Constitutional Law Commons, Criminal Law Commons, Criminal Procedure Commons, First Amendment Commons, and the Law Enforcement and Corrections Commons Recommended Citation Timothy F. Brown. "Lethal Injection and the Right of Access: The Intersection of the Eighth and First Amendments" ExpressO (2014). This Unpublished Paper is brought to you for free and open access by the School of Management at SJSU ScholarWorks. It has been accepted for inclusion in Faculty Publications, School of Management by an authorized administrator of SJSU ScholarWorks. For more information, please contact
[email protected]. Lethal Injection and the Right of Access: The Intersection of the Eighth and First Amendments By: Timothy F. Brown Introduction The Spring and Summer of 2014 have witnessed renewed debate on the constitutionality of the death penalty after a series of high profile legal battles concerning access to lethal injection protocols and subsequent questionable executions. Due to shortages in the drugs traditionally used for the lethal injection, States have changed their lethal injection protocols to shield information from both the prisoners and the public. Citing public safety concerns, the States refuse to release information concerning the procurement of the drugs to the public. Such obstruction hinders the public’s ability to determine the cruelty of the punishment imposed and creates the potential for unconstitutional execution.