Deadline Approaches: Inmate’s Legal Representative to Select Method of Execution, Orders SC Supreme Court

Columbia, SC – The South Carolina Supreme Court has passed a ruling requiring the legal representative of a death row inmate to choose the method of execution by the end of the week. This decision underscores a broader debate on the methods of capital punishment used in the state, and it coincides with renewed scrutiny on how executions are conducted nationwide.

The case centers on Richard Bernard Moore, a 57-year-old who was sentenced to death over two decades ago for the murder of a convenience store clerk during a robbery in Spartanburg County. Moore has exhausted his standard appeals, which shifts focus to how he will be executed if no further legal action intervenes.

South Carolina primarily used lethal injection as the default method of execution until recent years. However, difficulties in procuring the necessary drugs have led to an unplanned hiatus in carrying out death sentences since 2011. In response, state legislators enacted a law in 2021 requiring inmates to choose between the electric chair and a newly introduced firing squad, should lethal injection not be enforceable due to unavailability of drugs.

The Supreme Court’s recent directive to Moore’s attorney to choose from the alternative methods marks a contentious milestone — it is the state’s attempt to resume its imposition of the death penalty amidst operational challenges. This decision has invigorated debates surrounding the ethics and mechanics of execution methods. Critics argue that both the electric chair and firing squad methods could violate constitutional protections against cruel and unusual punishment.

The American Civil Liberties Union and other human rights organizations have expressed deep concern, indicating that forcing a choice between these methods imposes an undue burden on the condemned. In statements, these advocacy groups argue that the state is essentially sidestepping systemic issues with capital punishment by focussing on procedural aspects, rather than addressing underlying human rights concerns.

As the deadline approaches for Moore’s decision, his attorneys have publicly called for a halt to what they consider a fundamentally flawed process, pressing for consideration of the broader implications of execution method selection on constitutional rights. They contend that no method currently proposed passes muster under the Eighth Amendment, illuminating a possible strategy to seek federal review.

This development brings South Carolina into the spotlight in a national conversation regarding the future and humanity of capital punishment in America. As other states grapple with similar issues related to execution logistics and legality, South Carolina’s unfolding scenario could set precedential outcomes impacting nationwide policies.

Meanwhile, the families involved continue to experience the case’s heavy emotional toll, highlighting the complex, multifaceted impacts of the death penalty. As the state prepares to potentially carry out its first execution in over a decade, all eyes are on how this case might influence broader legal and ethical standards across the country in the ongoing national dialogue about justice and human rights.

The decision made here, beyond its immediate legal ramifications, is poised to stir a significant public and judicial discourse, possibly reshaping aspects of death penalty application in South Carolina and potentially beyond.