Is execution by lethal injection a cruel and unusual punishment?

And then the execution by legal injection was postponed for this former construction worker convicted of killing 86 year old teacher in 1995.

The issue of lethal injections is causing concern in a growing number of American States...ten others have already stopped all executions in this manner until a ruling by the US Supreme Court rules on its constitutionality.

As of now they (the US Supreme Court) have never held that anything in the US constitution precludes pain, in fact pain is the essence of punishment.   Robert Blecker, Professor of Law at New York Law School

In Nevada, the state court did the same on a request by the American Civil Liberties Union.

The director of the Nevada Department of Corrections, Howard Skolnik, said Mr Castillo had been calm prior to the court's sudden announcement.

Howard Skolnik

Another man on death row in the US state of Georgia isn't facing the same fate - the high court there has just denied a stay of execution for another convicted killer Jack Alderman.

In a number of cases individuals who were put to death were conscious at the time they were executed and therefore suffered a very painful death contrary to what the constitution permits.   Elisabeth Semel, Director of the Death Penalty Clinic at the University of California.

In Nevada, the court said the state's methods are cruel and unusual because the prisoner is so heavily sedated it's impossible for witnesses to determine the actual effects of the injection, and that effectively violates First Amendment Rights.

Richard Siegel is the President of the American Civil Liberties Union of Nevada. He welcomed the decision.

Richard Siegel

All but one of the 38 American states with the death penalty and the federal government use lethal injections for executions.

So how strong are the arguments, for and against? Newshour spoke to Elisabeth Semel, the Director of the Death Penalty Clinic at the University of California at Berkeley's law school and Robert Blecker, Professor of Law at New York Law School.

Newshour's Lyse Doucet began by asking Elisabeth Semel where she stood on the issue of lethal injections.

Lyse Doucet speaks to Elisabeth Semal and Robert Blecker

First broadcast 16th October.