Legal Question in Criminal Law in Wisconsin

Electrocution

When a person is sentenced to death by the electric chair, will they continue to electrocute the prisoner if there is a malfunction in the chair? Meaning, will they eventually continue to electrocute the person until they are eventually dead, or, if after a certain amount of tries with no death, the person is free to go?


Asked on 8/07/08, 2:51 pm

1 Answer from Attorneys

Sean Sweeney Tosa Law Office

Re: Electrocution

I hope you are not facing the electric chair yourself.

I am not even sure if anywhere still uses the electric chair. Now that there are options such as lethal injection, States that have the death penalty are required to utilize the most humane way possible. I think in Kansas, or one of those plains States, the Gas Chamber was found to be cruel and unusual recently. Someone on here may be more knowledgeable about specifics of what States use what.

But to answer you question- When the state finally gets to the point that it is going to execute someone, they execute them. If there is some accident, they fix it and finish the job.

Regardless of the case, I guarantee you that nobody simply walks a way a free man from a botched execution. I have no knowledge of the State having to try a second time at a different date to kill someone, but if they were truly not able to get it right the person would simply be back on death row. (Although they would have a pretty good argument that the State would have to try a different form of execution if it botched the first one.)

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Answered on 8/07/08, 3:00 pm


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