The Tennessee Supreme Court has ruled that the execution of Byron Black, a man with an implanted defibrillator, can proceed despite concerns that the device could result in a botched execution. Black is currently on death row after his conviction in a 1988 triple murder.
The court’s decision overturns a lower court ruling that would have required the defibrillator to be removed prior to execution. The state justices argued that removing the device would amount to a “stay of execution” and that the lower court had exceeded its authority.
Black’s defense team had argued that the execution could not proceed without first deactivating the defibrillator, citing concerns that it would continuously shock his heart as he passed away, resulting in an unnecessarily painful and prolonged death. Kelley Henry, one of Black’s attorneys, said that she is reviewing the opinion before deciding on next steps.
The case highlights the ongoing debate over the use of capital punishment in the United States, particularly with regards to the potential for botched executions. A 2022 report by the Death Penalty Information Center (DPIC) found that seven out of 22 attempted executions in the US were “visibly problematic” and included “executioner incompetence, failures to follow protocols, or defects in the protocols themselves”.
The use of lethal injection, the method scheduled for Black’s execution, has been particularly contentious. Critics argue that the procedure can be error-prone, sometimes resulting in painful, drawn-out deaths for prisoners.
According to Amnesty International, the US executed 24 people in 2023, the third-highest number of confirmed executions in the world after Iran and Saudi Arabia. The US also had the fifth-highest number of death sentences, after China, Iran, Saudi Arabia, and Somalia.
A 2024 Gallup poll found that 53% of people in the US still support the death penalty, while 43% disapprove. However, these figures represent some of the lowest levels of support on record, with favor dropping sharply over the last several decades.
The court’s decision does not necessarily mean that Black’s execution will proceed without further delay. His lawyers may still seek a reprieve or appeal the decision, and the US Supreme Court could potentially intervene.
In the meantime, the case highlights the ongoing debate over the use of capital punishment in the US and the need for greater scrutiny of execution procedures to ensure that they are carried out humanely and without unnecessary suffering.