NewsOK reports that Oklahoma Attorney General Drew Edmondson has asked the Court of Criminal Appeals to stop scheduling executions pending the U.S. Supreme Court’s determination of whether lethal injection as a form of execution is cruel and unusual punishment. Would seem like a logical step for Edmondson, except that Oklahoma statutes have, not one, but two fail safes regarding capital punishment.

Title 22 – Criminal Procedure, Chapter 17 – The Death Penalty, Section 1014 – Manner of Inflicting Punishment of Death:

A. The punishment of death must be inflicted by continuous, intravenous administration of a lethal quantity of an ultrashort-acting barbiturate in combination with a chemical paralytic agent until death is pronounced by a licensed physician according to accepted standards of medical practice.

B. If the execution of the sentence of death as provided in subsection A of this section is held unconstitutional by an appellate court of competent jurisdiction, then the sentence of death shall be carried out by electrocution.

C. If the execution of the sentence of death as provided in subsections A and B of this section is held unconstitutional by an appellate court of competent jurisdiction, then the sentence of death shall be carried out by firing squad.

And so, if lethal injection is ruled unconstitutional, then we revert to electrocution. If both lethal injection and electrocution are precluded, Oklahoma reverts to firing squad. So, why delay scheduling executions? Looks like there are plenty of options available.

This is not intended to be morose. But it is meant to be an analysis of what the law states in reference to the AG’s request of the court.