this one basket. As a result, any infirmity in this method cannot be mitigated at this time by the presence of an acceptable alternative. Such an all-or-nothing approach has proved fatal to the capital sentencing scheme in other states. In sum, while the people of Florida have determined that capital punishment is a proper sanction for certain crimes, the legislature has authorized a single method of execution and this method has resulted in botched executions in eleven percent of cases in recent years — producing impermissible violence and mutilation. This, in my opinion, puts the burden back on the legislature to implement an alternative method — one that comports with the Florida Constitution. While the F e, e.g., Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976) (<HOLDING>). The federal Court, however, has not reviewed
holding that what constitutes cruel and unusual punishment is a question of law holding that the eighth amendment protects prisoners only from deliberate indifference to their serious medical needs holding cruel and unusual punishment complaint not preserved holding that deliberate indifference to prisoners medical needs is cruel and unusual punishment holding that a sentence of incarceration would constitute deliberate indifference to defendants medical needs