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Shortage of Lethal Injection Drug Renews Capital Punishment Debate

Sodium thiopental, a key ingredient in the so-called "cocktail" of drugs commonly used in lethal injection executions around the country is in short supply, and the lack of availability is forcing some states to put a temporary moratorium on capital punishment. Though Arizona's last scheduled execution (that of convicted murderer Jeffrey Landrigan) was able to proceed without a hitch on October 26, 2010, other states, including Oklahoma and Kentucky, have been forced to delay executions for the foreseeable future.

Sodium thiopental is a fast-acting and extremely potent anesthetic, once used solely for surgical anesthesia and for inducing medically necessary comas. In recent years, however, its use as a treatment tool has been largely supplanted by other, less hazardous medications. Its primary use now is in lethal injections happening in prisons around the country.

Why Is There a Nationwide Shortage?

Only one pharmaceutical company in the country, Hospira Inc., is approved by the Food and Drug Administration (FDA) to manufacture the medication, and it blames the widespread shortfall on the lack of a specific raw ingredient used in production. Some in the media have speculated, however, that a component shortage is not the real reason, though - the company has repeatedly informed state governments that it is uncomfortable with one of its medicines being used in lethal injections. The company is promising renewed supplies will be available in early 2011.

What Happens Now?

In the meantime, however, most states have no choice but to involuntarily halt capital punishment by lethal injection. Given that the majority of states now solely rely upon lethal injection as the only sanctioned execution method, the death penalty is temporarily not an option, putting states in the incredibly awkward position of having to explain to victims' families why justice is being delayed, and giving death penalty opponents time to file court cases or motions to keep executions from taking place once the drugs are again available.

Legal experts agree, however, that this temporary shortage of sodium thiopental will not be the end of the death penalty in America. Since capital punishment is still on the table in most states, if you or a loved one is facing capital murder charges, it is vitally important that you seek the help of a skilled and experienced criminal defense attorney who can protect your rights and help you explore your legal options.