When the state of Texas executed Charlie Brooks, Jr. with an overdose of drugs in 1982, it was the first time that a prison medical staff was utilized to carry out a death sentence in the United States. Because for many [End Page 382] Americans, the focus of the debate regarding the death penalty was simpl382y that the Eighth Amendment required that an "execution be imposed more humanely than it had in the past," 2 this lethal injection was viewed by some as a victory. Many abolitionists, however, feared that the use of simple injection as a method of execution could make the death penalty more palatable to juries 3 and easier for the public to accept, 4 which would increase the incidence of capital punishment. Current statistics illustrate that such fears and predictions regarding the far-reaching implications of this new "humane" method of execution were well-founded. Of the 143 executions from 1976 to 1990, only fifty-four, or roughly 38 percent, were by lethal injection. 5 In contrast, in the next ten years, 606 people were executed. Lethal injection was the method used in 530, or about 87 percent, of these cases. 6 To date, all executions in 2002 have been by lethal injection. 7
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LeGraw et al. (2002) studied this question.
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