South Carolina Supreme Court Approves Electrocution and Firing Squad as Execution Methods

South Carolina High Court Approves Execution Methods

In a momentous ruling, the South Carolina Supreme Court decided that condemned inmates can be executed by means of electrocution or firing squad. The high court, in a split decision, ruled that these methods of execution are neither cruel nor unusual, in fact, they are valid options for carrying out a death sentence. The ruling could potentially pave the way for five executions to be scheduled.

A Matter of Choice

Lead Justice John Few voiced his opinions on the matter. “Choice cannot be considered cruel because the condemned inmate may elect to have the State employ the method he and his lawyers believe will cause him the least pain,” he wrote in his lead opinion. He further elaborated that an inmate in South Carolina would never be subjected to an execution method that he considers more inhumane than another method that is available.

The introduction of the firing squad alternative was described by Justice Few as a ‘painless death’ — not guaranteed by the constitution — but as a method of execution most likely to achieve it. Providing that every member of the firing squad does not miss, the inmate’s pain will last between 10 to 15 seconds, or perhaps even less.

Firing Squad and Electrocution as Choices

The law that was upheld by the ruling necessitates that the inmates be given the option to choose their method of execution: death by electric chair, firing squad, or lethal injection. This choice must be submitted in writing 14 days before the scheduled execution date. While Justice Few’s opinion was shared by Justice George James, Justice Garry Hill agreed with a few reservations. On the other hand, the opinions of retiring Chief Justice Don Beatty and incoming Chief Justice John Kittredge weighed considerably on the dissenting side.

Dissenting Opinions

Beatty argued that while the death sentence itself is not unconstitutional, carrying out the sentence via electrocution or firing squad breaches the state’s ban on cruel, corporal, or unusual punishment. Kittredge opined that the firing squad is an unconstitutionally “unusual” method of execution, given that only three other states in America have legalized this option.

Richard Moore, the first inmate forced to make a choice in 2022, chose to die by firing squad while simultaneously disputing the legality of both methods. His execution was put on hold due to ongoing legal challenges.

Arguments and Reactions

Arguing in favor of the death penalty, Columbia Senator Dick Harpootlian posited that the firing squad is a quicker, more humane way to die compared to either electrocution or lethal injection. However, the American Civil Liberties Union countered that any form of execution represents cruel and unusual punishment.

Speaking about the verdict, Governor Henry McMaster stated, “This decision is another step in ensuring that lawful sentences can be duly enforced and the families and loved ones of the victims receive the closure and justice they have long awaited.” Meanwhile, the court continues to deliberate and remains divided on whether the electric chair and firing squad should even be possible choices for execution.