Alt text: syringe and gavel

Michael Conklin*

Introduction

In 2014, Austin Sarat presented findings on the botch rates of various execution methods.[1] Sarat’s statistics on death penalty botch rates have been cited by law review articles promoting various policies, including the use of firing squads over lethal injections.[2] The statistics have also been cited by the United States Supreme Court.[3] The conclusion of Sarat’s statistics is that there exists a 0% botch rate for firing squads and a 7.12% botch rate for lethal injection.[4] These frequently cited statistics are—at best—highly misleading. The claimed firing squad botch rate leaves out blatant examples of botched firing squad executions.[5] Conversely, the lethal injection statistic arbitrarily implements a definition of “botched” execution so expansive as to render the ultimate result completely meaningless. Examples of what Sarat considers a “botched” lethal injection include inmates who resist,[6] difficulties inserting the IV,[7] passage of fourteen minutes before official death is declared,[8] and prison officials opening the curtain too early.[9] This essay documents Sarat’s inaccurate statistics and considers potential motivations for promoting the resulting misinformation.

Continue reading “Botched Statistics on Botched Executions: Refuting Austin Sarat’s Claims” →