Is the New State Secrecy Law in Arkansas Constitutional?

Is the New State Secrecy Law in Arkansas Constitutional

In America, citizens have rights.  Even those convicted of terrible murders and sentenced to death have rights under federal laws and state constitutions.  The States must adhere to constitutional rights even when a murderer on death row faces execution.

Eight state prisoners on death row in Arkansas are challenging a new state secrecy law that keeps from the public the name and nature of the injection drug used for execution.   Their lawyer asserted that because the new law prevents how effective and safe the drug is from being known publicly, the inmates are at risk for experiencing cruel, unusual, and unconstitutional pain. He also asserted that in a previous settlement, the prosecution agreed to share the name and nature of the drug with him and his clients before they are executed. In addition, the inmates’ lawyer named the situation in nearby Oklahoma as a reason why the executions should not happen. Oklahoma has a similar state secrecy law, and a recent autopsy report indicated that Oklahoma state officials injected an inmate with the wrong drug to execute him in January 2015.

The Arkansas state attorney general’s office disagreed.  The assistant attorney general posited that the secrecy law does not violate the Arkansas state constitution, the previous case settlement, or the inmates’ rights. She also asserted that the inmates’ argument is mostly speculative in nature and not factual.

The judge, however, agreed with the inmates and ruled that if the court proceeds to execute the inmates as scheduled, it would deprive them of their constitutional rights.  He concluded that the inmates produced sufficient evidence to illustrate that the execution drug would cause them cruel, unusual, and unconstitutional pain. He thus concluded that the evidence is enough for him to allow the inmates to proceed with their claim.

The issue is not directly whether the death penalty is constitutional.  States and the federal government may impose the death penalty for the most terrible murderers.  Here, the issue was narrow.  The inmates won at trial court, but an appeal may yield a different outcome.

Constitutional law is often complex and case specific.  If you are in trouble with local, state, and/or federal authorities, know this: You have rights and legal remedies. If you have questions about your rights or America’s federal and state laws, talk to a lawyer. For more information and to have questions answered, contact Nashville Attorney Perry A. Craft.