Glass v. Louisiana
Encyclopedia
Glass v. Louisiana, , was a case decided by the United States Supreme Court in 1985.
was sentenced to death
by the state of Louisiana
. According to then Louisiana's law, the only authorized method of execution was the electric chair
.
Glass and his lawyer
s argued that executions by electrocution
violate the Eighth
and Fourteenth
Amendments to the United States Constitution
, because causing to pass through the body of the person convicted a current of electricity of sufficient intensity to cause death, and the application and continuance of such current through the body of the person convicted until such person is dead and electrocution causes the gratuitous infliction of unnecessary pain and suffering and does not comport with evolving standards of human dignity.
, thereby allowing the lower court's decision to stand.
Justice William J. Brennan (joined by Justice Thurgood Marshall
) dissented from the denial of certiorari. In his dissent, Brennan reiterated his "belief that the 'physical and mental suffering' inherent in any method of execution is so 'uniquely degrading to human dignity' that, when combined with the arbitrariness by which capital punishment is imposed, the trend of enlightened opinion, and the availability of less severe penological alternatives, the death penalty is always unconstitutional."
Brennan's dissent is known for its gruesome depiction of electrocution:
"Th[e] evidence suggests that death by electrical current is extremely violent and inflicts pain and indignities far beyond the 'mere extinguishment of life.' Witnesses routinely report that, when the switch is thrown, the condemned prisoner 'cringes,' 'leaps,' and 'fights the straps with amazing strength.' 'The hands turn red, then white, and the cords of the neck stand out like steel bands.' The prisoner's limbs, fingers, toes, and face are severely contorted. The force of the electrical current is so powerful that the prisoner's eyeballs sometimes pop out and 'rest on [his] cheeks.' The prisoner often defecates, urinates, and vomits blood and drool.
"http://www.deathpenaltyinfo.org/article.php?&did=2134
Brennan also concluded that electrocution is ""nothing less than the contemporary technological equivalent of burning people at the stake."http://www.deathpenaltyinfo.org/article.php?&did=2134
Background
Jimmy L. GlassJimmy L. Glass
Jimmy L. Glass was an American convicted murderer, executed by the state of Louisiana. He is probably best known not for his crime, but as petitioner in the U.S. Supreme Court case Glass v. Louisiana....
was sentenced to death
Capital punishment in the United States
Capital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...
by the state of Louisiana
Louisiana
Louisiana is a state located in the southern region of the United States of America. Its capital is Baton Rouge and largest city is New Orleans. Louisiana is the only state in the U.S. with political subdivisions termed parishes, which are local governments equivalent to counties...
. According to then Louisiana's law, the only authorized method of execution was the electric chair
Electric chair
Execution by electrocution, usually performed using an electric chair, is an execution method originating in the United States in which the condemned person is strapped to a specially built wooden chair and electrocuted through electrodes placed on the body...
.
Glass and his lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s argued that executions by electrocution
Electric chair
Execution by electrocution, usually performed using an electric chair, is an execution method originating in the United States in which the condemned person is strapped to a specially built wooden chair and electrocuted through electrodes placed on the body...
violate the Eighth
Eighth Amendment to the United States Constitution
The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail, excessive fines or cruel and unusual punishments. The U.S. Supreme Court has ruled that this amendment's Cruel and Unusual...
and Fourteenth
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
Amendments to the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, because causing to pass through the body of the person convicted a current of electricity of sufficient intensity to cause death, and the application and continuance of such current through the body of the person convicted until such person is dead and electrocution causes the gratuitous infliction of unnecessary pain and suffering and does not comport with evolving standards of human dignity.
Opinion of the Court
The court denied certiorariCertiorari
Certiorari is a type of writ seeking judicial review, recognized in U.S., Roman, English, Philippine, and other law. Certiorari is the present passive infinitive of the Latin certiorare...
, thereby allowing the lower court's decision to stand.
Justice William J. Brennan (joined by Justice Thurgood Marshall
Thurgood Marshall
Thurgood Marshall was an Associate Justice of the United States Supreme Court, serving from October 1967 until October 1991...
) dissented from the denial of certiorari. In his dissent, Brennan reiterated his "belief that the 'physical and mental suffering' inherent in any method of execution is so 'uniquely degrading to human dignity' that, when combined with the arbitrariness by which capital punishment is imposed, the trend of enlightened opinion, and the availability of less severe penological alternatives, the death penalty is always unconstitutional."
Brennan's dissent is known for its gruesome depiction of electrocution:
"Th[e] evidence suggests that death by electrical current is extremely violent and inflicts pain and indignities far beyond the 'mere extinguishment of life.' Witnesses routinely report that, when the switch is thrown, the condemned prisoner 'cringes,' 'leaps,' and 'fights the straps with amazing strength.' 'The hands turn red, then white, and the cords of the neck stand out like steel bands.' The prisoner's limbs, fingers, toes, and face are severely contorted. The force of the electrical current is so powerful that the prisoner's eyeballs sometimes pop out and 'rest on [his] cheeks.' The prisoner often defecates, urinates, and vomits blood and drool.
"http://www.deathpenaltyinfo.org/article.php?&did=2134
Brennan also concluded that electrocution is ""nothing less than the contemporary technological equivalent of burning people at the stake."http://www.deathpenaltyinfo.org/article.php?&did=2134