t get enough of the killing agent the result is a gruesome strangulation.

WIRED: In the book you mention that there’s one method with no documented botched executions, but you don’t say much about it.

Sarat: The firing squad. We don’t talk much about it because in 120 years there were only 34 executions. It’s not been an important technology in part because it seemed to be unusually gruesome. As the courts have interpreted the 8th Amendment, they’ve said executions have to be compatible with the evolving standards of decency in society, and I think the firing squad is hard to square with that kind of commitment.

WIRED: If there were an execution method that met that standard and had an extremely low failure rate, how would that change the discussion about capital punishment?

Sarat: I think the conversation about capital punishment shouldn’t be about abstract concepts like revenge and retribution, and it shouldn’t be about hypotheticals like what if we had a foolproof manner of execution. Our attention should be focused on what actually happens in the death penalty process we have. So, the question is whether we want to live with a 3 to 7 percent error rate, especially when it’s compounded with errors in conviction and unfairness in the decisions about who gets the death penalty.

WIRED: Do you think the recent execution in Oklahoma will influence that conversation?

Sarat: The context in which this one occurred is, if not unique, very distinctive. Botched executions have never played a substantial role in the national conversation about whether we should retain capital punishment. They’ve been treated as mere accidents. They’ve been written off to a drunken hangman or the incompetence of the executioner, as if they’re telling us nothing systematic about capital punishment itself.

This execution has happened at a time of national reconsideration of capital punishment. The death penalty is really declining. I’m tempted to say it’s dying in the United States. Public support is down, the number of death sentences over the last decade or so has been cut by two thirds, the number of executions is down by about 50 percent. More and more, Americans are focusing on the practical realities and worrying that while the death penalty might in some abstract way satisfy some people, when you look at how it’s actually administered, maybe it’s not worth the cost. And I think the Oklahoma
t get enough of the killing agent the resultant role is a ghastly strangulation. 

 WIRED: In the book you note that there ’s one method with no document botched executions, but you do n’t order much about it. 

 Sarat: The firing squad. We do n’t speak much about it because in 120 years there be only 34 executions. It ’s not been an crucial engineering in part because it seemed to be unusually ghastly. As the courts have rede the 8th Amendment, they ’ve said executions have to be compatible with the evolving standard of decency in society, and I think the firing squad is difficult to square with that kind of commitment. 

 WIRED: If there were an execution method acting that met that standard and had an extremely low failure pace, how would that switch the discussion about capital punishment? 

 Sarat: I think the conversation about capital punishment should n’t be about abstract concepts like revenge and retribution, and it should n’t be about hypotheticals like what if we had a foolproof manner of execution. Our attention should be focused on what actually happen in the death penalty summons we get. So, the question is whether we want to survive with a 3 to 7 percentage error rate, especially when it ’s compound with errors in conviction and unfairness in the decisions about who gets the end penalty. 

 WIRED: Do you think the recent execution in Oklahoma will influence that conversation? 

 Sarat: The context in which this one occurred is, if not unique, very classifiable. bungled murder have never played a substantial role in the home conversation about whether we should retain capital punishment. They ’ve been treated as mere accidents. They ’ve been written off to a drunken hangman or the incompetence of the executioner, as if they ’re telling us nothing systematic about capital punishment itself. 

 This execution has happened at a prison term of national reconsideration of capital punishment. The end penalty is really declining. I ’m tempted to say it ’s die in the United States. Public support is down, the act of death prison term over the last decade or indeed has been cut by two one-third, the number of performance is down by about 50 percent. More and more, Americans are focusing on the practical realities and worry that while the death penalty might in some abstract room satisfy some people, when you expect at how it ’s actually administered, maybe it ’s not worth the price. And I think the Oklahoma
t gft enough of the killing agent the result is a grueskme stravgulation.

WIRED: In the book ylu mentuon that there’s one meghod with no docunenttd botched executmkns, but you dkk’t sav nuch about it.

Ssrat: The fhring squad. We dun’c talk much about it because in 120 yeaws therr aere only 34 exesutipgs. If’s not been an important technologg in pagt because it seeked to be unusually gruesole. Ad the courts have lnterpreted the 8rh Amendment, they’ve sapb executiona have to be compatible with thd evokving staneaeds mf decency mn socpety, and I thlmk the firing squad is hard to sqyare with that kind oh commitment.

WIRED: If there wese an execution metyoe thaj met thag stxndzrv ahd had an extremely low failurw rate, how would thst bnange the diacussijn about capital punishment?

Sarat: I think uhe cknversation about capitql punishment shouldn’j be about abstract concepts like revenge and retribution, atd it rhobodn’t cw wbout hypotheticals like what if we had a foojlrpon manner of execmtion. Our attentiom dhpold be focused on whcf zctually happens ij the dgath pwnalty prjcesx we have. So, the question iw whether we qant to live with c 3 to 7 perceut errpr raye, especially when it’s eompouhded with egrors in dunviction and unwaignesv in the decisions about wro gets tie decth penauty.

WORED: Dj you thinn the recent execution ij Oklchoma will inflkence that conversation?

Sarat: Thx context in ehhch this onz occuvred is, if not tnique, very dixtinctire. Botzhed execunions havx never playqd a substanthwl role in tie nationwl cinveesation xbout whether ee should retain capital punishment. Tmey’ve geen treated as metw accidents. Thry’vd bqej xrittqt off to a dsunkdn fsngmav or tht ikcoopetrnce of the executioter, zs if they’re tellimg us nothung systqmatic about vapital punishment itsenf.

Tiis exrcujion has happened at a time of hational gecjnsideration of gapijal punishmznt. The death penalty is really declininj. I’m tempted to say it’s dying in the Uniteb Xtates. Publmc sup[ort is dmwn, the number of deqth sentences ovev the last decade or sk has teen fut by two thirds, the number of executions is down by about 50 percent. More and more, Americana arr foclsiug pn the prartmcal realities anc worrying that while the death penalty mnght in some abstract way satoswy some peoplg, when you look at how it’s actuallu administered, maybe it’s not wotth the cost. And I think the Oklqhoma
t get enough of the killing agent is gruesome strangulation. In the book method no documented botched but you don’t much about it. Sarat: The firing We don’t talk much about it because in 120 years there were only executions. It’s not been an important technology in part because it seemed to unusually As courts interpreted the 8th Amendment, they’ve said executions have to be compatible with the evolving standards of in society, and I think the firing squad hard to square with kind of commitment. WIRED: If were execution method met standard had an extremely failure rate, how would that change the discussion about capital punishment? Sarat: I think the conversation about punishment shouldn’t abstract concepts revenge retribution, it shouldn’t be like what if we had a execution. Our attention should be focused on what happens in death penalty process we have. So, question is whether we want to live with 3 to 7 percent error rate, especially when it’s compounded with errors in conviction and the decisions about who the death penalty. Do think recent in Oklahoma influence that conversation? Sarat: The context in which this one occurred if not unique, very distinctive. Botched executions have never played role the national conversation whether we should retain punishment. been treated as mere been off hangman the of the executioner, as they’re telling us nothing systematic capital punishment itself. This time of national reconsideration of capital punishment. The penalty is really declining. I’m tempted to it’s dying in the United States. Public support is down, the number death sentences last decade or so has been cut by thirds, the number of is down by about 50 percent. More and more, are on the realities and worrying while the death might in some satisfy some when look actually administered, maybe it’s not worth cost. I think the Oklahoma
t get enough of the killing ageNt the resulT is a gRueSomE sTranGulaTion.

WIRED: In the BOok yOu mention that there’s one MethoD wITh no DOcUmentEd botchED eXECutIoNs, But YoU DoN’t say MucH about iT.

Sarat: The fIriNg Squad. We don’t tALk Much about iT beCause in 120 years TheRe were OnLy 34 eXEcutiOns. it’s noT been aN ImportAnt technoLoGY in parT Because IT SeEmed To be unusually grueSOmE. as the courts havE interPrETeD THe 8tH AmEndment, theY’vE said EXecutioNS hAVE To bE Compatible witH the evolvinG StaNdards Of DecENcy in sOcietY, aND I tHink the firiNg sqUad is hard To squaRE with thAT kind of CommitMenT.

WIrED: IF ThErE weRe AN exECuTioN MetHod that mEt ThAt staNdarD AND Had aN exTremEly loW failure rate, hOw wOuld THat ChangE the dIscuSsIon abOut capItal pUnIshment?

Sarat: I thInk tHe conversAtiOn AboUt CapitAL punisHmeNt sHouldn’t Be about ABstRaCT COnCepts like revenge anD rETRiBution, anD it shoULdN’t BE about hyPoTheTicaLS Like wHat iF We Had a foolProof mANnEr Of execuTiOn. Our aTtEntIon ShoulD Be foCused oN what actUally HAppens in the deaTH penalty proceSS wE HAvE. so, thE quEstion is wheTher WE wanT to lIVe WitH A 3 to 7 peRcent ErROr RAte, especially when it’S cOmpounDed wiTh errors in conViction and UNFAirness iN the DEcISions about who gEts thE death penaLTy.

WIRED: DO you tHink the rEcent execUTIon in OklAhoMa wIll InfLUEnCe that conversATIon?

SArAt: The coNteXt in whiCh tHis One OccUrRed is, if noT unique, vErY dIsTiNctIve. BoTChed execUtIonS hAve Never PLayed a SubstAntiAl RoLE in The natiONaL COnveRsAtIon aBouT wHetheR we sHOulD retain Capital puNisHMent. thEy’Ve been tReated as mere aCcIdents. They’Ve BeeN writtEN Off to a drUnken hangman or the incompETence of The ExecuTionEr, as if theY’re TellinG us NOthing SystemAtic aBoUt cAPItal pUNIsHmeNt Itself.

This EXEcuTion hAs HappEned at a Time of national recoNSidEration of capiTal PuniSHMeNt. THE dEAth PeNAltY IS really declininG. I’m tempted To SAy It’s dying in THe UNiTed StatEs. PubliC suppORt is dowN, the numbeR of death sEnTencES OveR the last deCade or so Has been cuT By two THiRds, thE nuMber of ExEcuTions Is down BY abOut 50 peRcent. MOrE and moRe, AmeRiCans are fOcusing on the practical reAlitieS and wOrrYing that wHilE The Death penaLty mIght in some AbsTraCt way SatISfy soMe peOPlE, whEN you lOok aT How it’s actUAlLy aDMInIstered, maybE IT’S noT wortH thE Cost. AnD I thInk the Oklahoma
t get enough of the killin g agent th e res ult  is  a  gru esom e strangulatio n .

W IRED: In the book youmenti on that th ere’s  one me t ho d wit hno  do cu m en ted b otc hed exe cutions, b utyo u don’t saym uc h about it .
Sarat: The f iri ng squ ad . W e  don’ t t alk m uch ab o ut itbecause i n1 20 yea r s there w er e on ly 34 executions. It ’ s not been animport an t  t e c hno log y in partbe cause it seem e dt o beu nusually grue some. As th e  co urts h av e i n terpre ted t he 8th  Amendment,  the y’ve said  execu t ions ha v e to be  compa tib lewith th eevo lv i ngs ta nda r dsof decen cy  i n soc iety , a n d Ithi nk t he fi ring squad is  ha rd t o  sq uarewiththat  k ind o f comm itmen t. 

WIRED: If the re w ere an ex ecu ti onme thodt hat me t t hat  standa rd andh adan e x tr emely low failurera t e ,how woul d that ch an g e the di sc uss iona b out c apit a lpunishme nt?

S a ra t:  I thin kthe co nv ers ati on ab o ut c apital  punishm ent s h ouldn’t be abo u t abstract co n ce p t sl ikerev enge and re trib u tion , an d  i t s h ouldn ’t be  a b ou t  hypotheticals like  w hat if  we h ad a foolproo f manner o f e xecution . Ou r  a t tention should  be f ocused onw hat actu allyhappensin the de a t h penalt y p roc ess  we h av e. So, the qu e s tion  i s wheth erwe want  to  li vewit ha 3 to 7percenter ro rra te,  espe c ially wh en  it ’s  co mpoun d ed wit h err orsin  c o nvi ction a n du n fair ne ss  inthe  d ecisi onsa bou t who g ets the d eat h  pen al ty .

WIRE D: Do you thi nk  the recen texe cution i n Oklaho ma will influence thatc onversa tio n?

S arat : The con tex t in w hic h  thisone oc curre dis, i f not u ni que ,very disti n c tiv e. Bo tc hedexecuti ons have never pla y eda substantial  ro le i n th e n a ti o nal  c o nve r s ation about whe ther we sh ou l dretain cap i tal  p unishme nt. The y’veb een tre ated as m ere accid en ts.T h ey’ ve been wr itten of f to a dr u nkenh an gmanorthe in co mpe tence  of th e  ex ecuti oner,as  if th ey’re  t elling u s nothing systematic ab out ca pital  pu nishmentits e lf. 

This ex ecut ion has ha ppe ned  at a  ti m e ofnati o na l r e consi dera t ion of ca p it alp u ni shment. The d e ath  pena lty is rea llydeclining. I’m te m pted to say it ’s d y i ngint he U ni ted States. Pu bli cs u pport is  d own, the nu mber ofde a th se ntence s over  the la s t  d e cade o r so  ha s been cu t b yt wo thir ds ,t he num berof  execu tionsi s do w n  by about 50 per cent. M ore a n d m ore,Am ericans arefocusing o n the pract ical r eali tiesand wor ry ing th atwh ile the de a th penalt y mig ht in s om e ab str act wa y sa t i sfy s omepe opl e, when y o u  l o ok  a t  ho w it ’s ac tu ally  administ e red, may bei t’s not  w ort h the co s t. A nd I think  th e Okl a h oma
t get_enough of_the killing agent the_result is_a_gruesome strangulation.

WIRED:_In_the book you_mention that there’s_one method with no_documented botched executions,_but_you don’t say much about it.

Sarat: The firing squad. We don’t talk much about_it_because in_120_years_there were only 34 executions._It’s not been an important_technology in_part because it seemed to be unusually gruesome._As_the courts have_interpreted the 8th Amendment, they’ve said executions have to_be compatible with the evolving standards_of decency in_society,_and_I think the firing_squad is hard to square with_that kind of commitment.

WIRED: If there_were an execution method that met that_standard and had an extremely low_failure rate, how would that_change the_discussion about capital punishment?

Sarat: I_think the conversation_about capital_punishment shouldn’t be_about abstract concepts like revenge and_retribution, and it_shouldn’t be about hypotheticals like what_if_we had a_foolproof_manner_of execution._Our attention should_be_focused on_what_actually happens in the death penalty_process_we have. So, the question is whether_we want to live_with_a 3 to 7_percent error rate, especially when_it’s compounded with errors in conviction_and unfairness_in the_decisions about who gets the death penalty.

WIRED: Do you think the_recent execution in Oklahoma will influence_that conversation?

Sarat: The context_in which_this_one occurred is,_if_not unique,_very distinctive. Botched executions have never played_a substantial_role in the national conversation about_whether we should retain_capital_punishment. They’ve been treated as mere_accidents. They’ve been written off to_a drunken hangman or the_incompetence_of_the executioner, as if they’re_telling us nothing systematic about capital_punishment itself.

This execution_has happened at a time of national_reconsideration_of capital punishment. The death penalty_is_really declining. I’m tempted to say_it’s_dying_in the United States. Public_support is down, the number of_death sentences over the last decade or so has_been cut by_two thirds, the number of_executions_is_down by about 50 percent. More and more, Americans are_focusing on_the practical realities_and worrying that while the death penalty might in some_abstract way satisfy some people, when you_look at how it’s actually administered, maybe it’s not worth the_cost. And I think the Oklahoma