Title: Baze v.

Rees (2008)
Facts: Baze was convicted of murder in Kentucky and sentenced to death. Kentucky has a lethal
injection protocol that involves using 3 drugs to cause death. Baze claimed that the procedure
was unconstitutional in regards to the 8th Amendments prohibition against cruel and unusual
punishment.
Law: 8th Amendment, Gregg v. Georgia, Farmer v. Bennan.
Legal Issue: Does Kentuckys lethal injection procedure violate the 8th Amendment?
Holding: No
Reasoning: The court first began with state how it interprets challenges to the method of
execution. They stated that it must present a substantial or objectively intolerable risk of
serious harm. The court also stated that the availability of a second procedure, which the state
doesnt use, might violate the 8th amendment if that procedure meets certain criterion. The court
examined first the method itself. The opinion next identified that lethal injection is an
independently humane method of execution and noted that even the Petitioners agreed that if
done correctly would not violate the 8th amendment. Petitioners claimed however, that the
chance for the method to cause harm triggers the 8th Amendments ban. The court again cited to
Farmers for its ban on substantial or objectively intolerable risk of pain. The court also said that
if the proposed alternative method is only marginally safer it would not trigger the 8th
Amendment. The court held that the petitioners did not meet their burden of proving either of
their two points. With regards to the potential to cause harm of the current method the court held
that the risks created by Kentuckys methods are minimal given the safeguards in place. The
court pointed to the supervision by a warden and deputy warden as well as the use of a second
injection if necessary to achieve unconscious before administering the drug. The court also

rejected the second argument that a better alternative is available. The better alternative was
based partially on veterinary practices in the state which the court held had no bearing on what
can and should be done to a person. In coming to their reasoning the court primarily relied upon
precedent to define the procedures with which they examine the 8th Amendment in various cases.
Significance: This case is part of the courts general practice of allowing the death penalty and
methods of execution. The court allowed the death penalty in Gregg and continued to find it
generally allowable. While the court has protected certain groups and specific individuals at
times the court has not recently stamped out the death penalty entirely. This case is also
consistent with the courts jurisprudence in regards to methods of execution. As the opinion
points out the constitutionality of the electric chair was once upheld as a more humane method of
execution since it was better than the previous method.