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2024

South Carolina Supreme Court rules state death penalty including firing squad is legal

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COLUMBIA, S.C. (AP) — South Carolina can execute death row inmates by firing squad, lethal injection or the electric chair, the state’s high court ruled Wednesday, opening the door to restart executions after more than a decade.

All five justices agreed with at least part of the ruling. But two of the justices said they felt the firing squad was not a legal way to kill an inmate and one of them felt the electric chair is a cruel and unusual punishment.

The state allowing inmates to choose from the three execution methods is far from an effort to inflict pain but a sincere attempt at making the death penalty less inhumane, Justice John Few wrote in the majority opinion.

As many as eight inmates may be out of traditional appeals. It is unclear when executions could restart or whether lawyers for death row inmates can appeal the ruling.

Gov. Henry McMaster said the justices interpreted the law correctly. “This decision is another step in ensuring that lawful sentences can be duly enforced and the families and loved ones of the victims receive the closure and justice they have long awaited,” he said in a statement.

Lawyers for the death row inmates said they were reviewing the 94-page ruling before commenting.

South Carolina has executed 43 inmates since the death penalty was restarted in the U.S. in 1976. Nearly all inmates have chosen lethal injection since it became an option in 1995.

"Choice cannot be considered cruel because the condemned inmate may elect to have the State employ the method he and his lawyers believe will cause him the least pain," Few wrote.

South Carolina hasn't performed an execution since 2011. The state's supplies of drugs for lethal injections expired and no pharmaceutical companies would sell...