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In all seriousness, I take a Michel Foucault approach to punishment. I don't believe in cruel and unusual punishments. Such actions on the part of the state undermine the roles of institution of formal social control and punishment.
If the man is found to be medically incapable of lethal injection, they need to make adjustments. If he's just trying to get out of it and he's capable of lethal injection, stick it to him.
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