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Challenges, drug shortages, mark US executions

By WTOP Staff

The Associated Press

The prolonged execution in Arizona looked troubling, but was it unconstitutional? The U.S. Supreme Court, which upheld the use of lethal injection six years ago, has held that “an isolated mishap” during an execution does not violate the Eighth Amendment. A question and answer look at the current state of executions.

Q: Why did Arizona use a two-drug combination that was also involved in a similar lengthy execution in Ohio?

A: After more than three decades of using the same three-drug combo to put hundreds of inmates to death with few problems, states have scrambled in recent years to find alternative drugs because of a shortage rooted in European opposition to capital punishment. Some states have obtained supplies of compounded pentobarbital, which doesn’t undergo the same type of federal regulations as regular pentobarbital, which is now unavailable. Other states, like Arizona, are turning to midazolam, a sedative, and hydromorphone, a painkiller.

Q: What caused the shortage?

A: Nine years ago, the European Union banned the export of products used for execution, citing its goal to be the “leading institutional actor and largest donor to the fight against the death penalty.” But beefed up rules in Europe have been felt most strongly in the United States, with shortages becoming chronic. In addition, U.S. manufacturers are now putting restrictions on the use of their drugs for executions.

Q: The Arizona execution lasted almost two hours. Doesn’t that constitute cruel and unusual punishment?

A: The answer depends on whether the inmate felt pain — the state says he didn’t — and whether any intentional actions to inflict pain can be proven. In addition, the U.S. Supreme Court has held that “an isolated mishap” during an execution does not violate the Eighth Amendment, “because such an event, while regrettable, does not suggest cruelty or a ‘substantial risk of serious harm,'” according to a 1947 decision allowing Louisiana to return an inmate to the electric chair after a botched attempt a year earlier.

Q: Have death row inmates challenged any of the new drugs?

A: Defense attorneys have sued over compounded pentobarbital as posing a potential threat since its purity and effect can’t be guaranteed. Yet so far, executions with compounded pentobarbital in Missouri and Texas haven’t been problematic. Attorneys have also challenged the use of midazolam and hydromorphone, arguing that they could cause pain as inmates struggle to breathe.

CURRENT LEGAL CHALLENGES:

— Oklahoma: Twenty-one death row inmates are seeking to halt any attempt to execute them using the state’s lethal injection protocols, which they allege present a risk of severe pain and suffering in violation of the U.S. Constitution. The inmates’ lawsuit followed the state’s botched April 29 execution of Clayton Lockett using a new three-drug method.

— Missouri: Death row inmates claim the state’s refusal to name the drugmaker providing its execution drug, even privately to attorneys, makes it impossible to know whether the drug is suitable for an execution, or violates the constitutional guarantee against cruel and unusual punishment.

— In Ohio: Attorneys have unsuccessfully argued that the two-drug combo created an unconstitutional risk of suffering because of a phenomenon known as “air hunger” in which people experience terror as they strain to catch their breath.

UPCOMING EXECUTIONS:

— MISSOURI: Michael Worthington, scheduled to die Aug. 6 from a single dose of compounded pentobarbital for the rape and killing of a suburban St. Louis neighbor in 1995.

— TEXAS: Willie Trottie, scheduled to die Sept. 10 from a single dose of compounded pentobarbital for shooting his former girlfriend and her brother in Houston in 1993.

— TEXAS: Lisa Coleman, scheduled to die Sept. 17 from a single dose of compounded pentobarbital for the starvation of a 9-year-old boy a decade ago.

— OHIO: Ronald Phillips, scheduled to die Sept. 18 from a combination of midazolam and hydromorphone for the 1993 rape and death of his girlfriend’s 3-year-old daughter in Akron.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Don’t Settle for Student Loans to Pay for Online Education

By WTOP Staff
Online college programs are becoming a more popular choice for prospective students, with one study finding that more than 6 million students enrolled in at least one online course in fall 2015. The popularity of these courses can be attributed in part to their flexibility with working adults' schedules, students' ability to progress more quickly through online programs and, oftentimes, cheaper tuition. [See 10 low-cost online bachelor's programs for out-of-state students.]Online degrees can be beneficial to many college students, but some studies have shown online learners complete their programs at lower rates than students at traditional brick-and-mortar campuses. Individuals with student loans but no degree comprise two-thirds of defaulted borrowers. Though these numbers are not encouraging, just like for traditional programs, there are ways to reduce how much you'll need to borrow for an online program to ensure you won't become one of these statistics. Don't just settle on borrowing student loans to cover the whole cost of your program and living expenses. Instead, start thinking about how to cut costs and cover your balance in different ways, such as the following. -- Grants and scholarships: Even though you are taking an online course, you can still apply and receive grants and scholarships. But your first step should be to complete the Free Application for Federal Student Aid, commonly referred to as the FAFSA, which will allow you to receive a Pell Grant if your expected family contribution is low enough. The EFC criteria and award amounts are adjusted annually, but the 2017-2018 academic year awards range from $606 to $5,920, which could significantly lower the amount you borrow annually. Your next step is to apply for scholarships. You can start by checking online scholarship search engines, such as the Salt Scholarship Search, College Board's BigFuture and Peterson's. But don't forget to take advantage of local organizations and your school's financial aid office. Both may offer scholarships that you can't find with a national scholarship search. [Review these 10 sites to kick off your scholarship search.]For instance, organizations like the Elks Club, Knights of Columbus or the Rotary Club typically offer scholarships annually to local students. Just because you're going to school online doesn't mean you're ineligible. Visit your local library for scholarship listings, and ask around town. You might be surprised how many local organizations offer scholarships. While these scholarships typically aren't large, every little bit counts. Each dollar you receive in a scholarship is a dollar you don't have to borrow and pay interest on. -- Work-study: Another option for online students may be work-study awards. Not all students enrolled in online programs are eligible, but students at some schools -- including, for example, SUNY Empire State College and Liberty University -- are. Work-study awards are not given upfront like scholarships and grants. In most cases, they are an offer to earn up to the awarded amount if you secure an eligible work-study job. While there is a misconception that all work-study jobs must be on campus, students can work for off-campus, nonprofit or public employers as long as the work is in the public's interest. You may be able to work for a for-profit employer if the job is relevant to your course of study. No matter who the outside employer is, it will need to have an established agreement with your college for you to receive work-study funds. Remember, to be eligible for federal financial aid, you must be enrolled and pursuing a degree or certificate. If you're not working toward a credential, Pell Grants and work-study won't be option, but you may still be able to take advantage of private scholarships -- just be sure to read the eligibility criteria carefully. [Explore what to know about financial aid in online programs.]-- Pay as you go: One of the great benefits to enrolling online is the flexible schedule, which can allow you to complete your college coursework around your responsibilities. But prospective students often overlook using their part- or full-time job earnings as an option for paying for college. Almost 80 percent of college students in 2015 worked at least part time while attending classes, according to the National Center for Education Statistics. By budgeting and thinking strategically about your college costs, you can likely reduce your dependence on student loans by paying a portion out of pocket. Many -- but not all -- online programs are less expensive than traditional programs and often have shorter payment periods. Six, eight or 10 weeks are common course durations. Because of the frequency of payments in an online setting, you may be well-placed to pay as you go and possibly avoid borrowing altogether. Attending college online and avoiding student loans may be challenging, but if you are willing to put in the effort, you can limit the amount you need to borrow. More from U.S. News Q&A: Understanding Student Loan Discharge Eligibility Student Loan Refinancing Isn't Right for All Borrowers
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