Death is Death

Death is death - Death is death, regardless of what form it takes. You cannot insulate yourself by saying that you are a member of this jury and that you only voted that (name the defendant) be (state the manner of execution, e.g., given a lethal injection). The end result is the same. If you vote to authorize somebody else to (state the manner of execution, e.g., inject the lethal chemicals), it is just like you are giving the injection. You are not going to be there, of course. No one will require you to watch. But under our system (describe the manner of execution, e.g., the injection cannot be given or the switch cannot be pulled) unless you (state the action the jury must take to return a death verdict, e.g., answer the special aggravation issues "yes"). If you do so, you are saying, "Let him die by (state the manner of execution,e.g., lethal injection).

Injection of fatal chemicals (1), (2) if prosecution has its way - (Gesture to the prosecution table) They want you to die an undignified death, (call the defendant by his given name). It'll gratify their wishes if and make them feel good about their job and make their argument a winning one if they come for you some day as you sit in a prison cell. They'll strap you to a cart and roll you into a dark room up against a wall. And there will be long tubes. They'll hook the tubes to your arm, and you will watch as the liquid circles through the tubes, plain as death. You won't be able to do anything about it because you'll be strapped down tight. You'll die from an intentional, premeditated act of poisoning if they (indicate the prosecution table) have their way.

Injection of fatal chemicals - syringe demonstration - The executioner will fill big hypodermic syringes with sodium thiopental, an anesthetic and depressant designed to cause unconsciousness; pancuronium bromide, a paralyzing agent similar to the poison used on arrow points by South American Indians that paralyzes the inmate's lungs and the diaphragm muscle; and potassium chloride, a salt that stops the inmate's heartbeat by inducing cardiac arrest. The executioner will inject these chemicals with a syringe like this (Display a facsimile syringe.) into an IV that will flow into (name the defendant) veins. His face will tighten and tears will come to his eyes. He may whimper. Perhaps he will make no sound. If the sodium thiopental works he may be unconscious. And if it doesn't work, we won't know if he is conscious because the pancuronium bromide has paralyzed his lungs and diaphragm thus preventing him from crying out. If he's conscious, he'll begin to feel death creeping in. His breath will come in wheezing rasps. His fingers will tremble. Then his body will stiffen and move no more. A doctor will step forward, place a stethoscope on (name the defendant) chest, shine a penlight into his eyes, and say "I pronounce this man dead." See Baze v. Rees, __ U.S. (2008) upholding the Eighth Amendment constitutionality of the three-drug cocktail lethal injection.