USDOJ Finalizes Execution Procedure Regulation

The U.S. Department of Justice has finalized its proposed regulation regarding execution methods in federal capital case. The regulations provides the needed flexibility to deal with the quirk in federal law that says that federal executions must be carried out in the manner prescribed by the law of the state where the crime occurred, or if that state has no death penalty then the law of a state designated by the court.

Update (11/27): The final rule is now published at 18 Fed. Reg. 75846.

The final regulation makes a few adjustments to the proposal. The Department responds to the comments submitted to the proposal. As is usual in jurisdictions where execution protocols are subject to the Administrative Procedure Act, DOJ was spammed with comments from people who were just opposed to capital punishment and had nothing pertinent to say.

In California, APA litigation was an obstacle to executions until Proposition 66 exempted execution protocols from the APA.