Does their disposition revert to life in prison without parole or do they [gasp] get off?
Alternatively, How many bites at the apple do they get to kill the defendant?
A state screw up doesn’t negate the crime or a needed punishment, only puts question on if the attempted execution was necessary or overly extreme and past ethical guidelines for suffering. Seems if we just avoided capital punishment we’d forego the costs and risks and this would just be a thought experiment of what is state-sponsored brutality.
The state (or rather the ones in charge and pursuing this punishment) will absolutely want more tries. Circling back to ask why they want to do it so badly.
Hopefully it sparks a conversation about whether that country’s people still feel the death penalty is appropriate, what methods they want to see used, and why that country is criticising the same behaviours in other countries as justification for war.
It’s state to state exactly what happens. However, afaicr, none include a get out of jail free card with it.
Not even if the defendant sues the state for some variety of cruel and unusual punishment or extreme negligence (maybe even to a criminal extent) something to that effect?
Like couldnt they sue for so much or so hard that the State feels compelled to wash their hands of them in exchange for dropping everything?
You can try to sue for anything, really. The problem is making that suit go anywhere.
But there’s zero chance a lawsuit is going to just let someone go. You’d have a better chance at a pardon than that
