Maricopa County Attorney Challenges State on Death Warrant Authority

Maricopa County Attorney Challenges State on Death Warrant Authority

Is There a Humane Way to Execute? Arizona’s Death Penalty Debate

For centuries, societies have struggled with the morality and method of capital punishment. In the U.S., lethal injection was introduced as a more “humane” alternative to past executions like hanging, the gas chamber, and electrocution. But does lethal injection truly offer a painless death? Arizona’s recent controversies suggest otherwise.

A Judge’s Quest for a Better System

Former federal magistrate judge David Duncan was appointed by Governor Katie Hobbs in 2023 to examine Arizona’s execution protocols. His mission was to ensure that state executions followed a just and humane process. After two years of investigation, Duncan concluded that lethal injection is unreliable, error-prone, and far from humane. His findings raised critical concerns about execution procedures—issues that Arizona has struggled with for decades.

However, Duncan’s work was cut short. Following the November 2024 elections, where Republicans gained political ground, he was abruptly fired by Governor Hobbs. His preliminary report, which condemned Arizona’s execution methods, was left unfinished.

The Execution Dilemma in Arizona

Lethal injection may appear peaceful, but Duncan’s research revealed consistent failures. Over the past decade, Arizona has faced multiple issues, including:

  • Drug shortages and procurement difficulties – The state has struggled to obtain legal, effective drugs.
  • Improper drug administration – In 2014, a prisoner gasped for nearly two hours before dying due to a botched injection.
  • Inexperienced execution teams – Many personnel lack the training to insert IV lines properly, leading to painful and prolonged deaths.

Some states have started reconsidering alternatives like the firing squad, which, while visually disturbing, is deemed more reliable. Arizona even debated reviving the gas chamber, last used in 1999, but this method remains controversial due to its historical connection to chemical warfare.

A Legal Battle Over Lethal Injection

Duncan’s detailed investigation, which included interviews with lawyers, prison officials, and medical personnel, concluded that lethal injection is “fundamentally unreliable.” His request to observe an execution rehearsal was denied, further fueling concerns about the transparency of Arizona’s death penalty system.

Governor Hobbs dismissed Duncan’s findings, arguing that he had exceeded his mandate. Meanwhile, Attorney General Kris Mayes conducted her own review and deemed the state’s execution procedures acceptable.

The Case of Aaron Gunches: A Prisoner Seeking Death

One of the most debated cases is that of Aaron Gunches, convicted of murder in 2002. Unlike most death row inmates, Gunches actively seeks execution. He has repeatedly petitioned the courts to speed up his death sentence. However, legal disputes have delayed his execution.

Maricopa County Attorney Rachel Mitchell took an unprecedented step by requesting a death warrant directly from the Arizona Supreme Court. Traditionally, this power rested with the governor or attorney general. This move could set a legal precedent, granting county attorneys more authority in capital punishment cases.

Political Influence on the Death Penalty

Capital punishment has long been influenced by political shifts. Historically, Republican administrations have carried out executions more frequently than Democratic ones. Since 1992, Arizona has executed 40 inmates—39 under Republican governors. When Hobbs took office in 2023, she imposed a moratorium on executions, following President Biden’s 2021 federal execution freeze. However, in January 2025, former President Trump rescinded Biden’s moratorium, reinforcing Republican support for the death penalty.

The Future of Executions in Arizona

On February 11, 2025, the Arizona Supreme Court will decide whether to grant a death warrant for Gunches. If approved, his execution is scheduled for March 18. This decision will likely spark legal battles, as new evidence suggests that pentobarbital—the drug used in executions—causes extreme suffering.

Duncan, despite his dismissal, remains determined to complete his report. However, with his access to state documents revoked, he must rely on memory to finalize his findings.

As Arizona navigates this complex issue, one question remains: Can execution ever truly be humane? Or is it, as Duncan asserts, “a violent act in every case”?

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