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克里斯塔·派克现在会怎样?田纳西州死囚苏醒并能说话后,案件可能如何推进What will happen to Christa Pike now? How case could proceed now that Tennessee death row inmate is awake and talking

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BBC 报道称,克里斯塔·派克在田纳西州执行死刑失败近一周后,已从病床上醒来并开始说话,她的律师如是说。专家和她的律师表示,这一新进展在医学上是“前所未有的”。派克在执行死刑失败后被接上呼吸机,医院工作人员正努力挽救她的生命,并清除她体内所注射的戊巴比妥。她在9月30日星期三接受了两剂该药物,田纳西州试图以此方式处决她,但未成功。

Christa Pike has woken up and begun speaking from her hospital bed almost a week after her failed execution in Tennessee, her lawyers said, per the BBC. Experts and her lawyers have said that the new development is "medically unprecedented." Pike was put on a ventilator after the failed execution attempt, with hospital staff working to save her life and clear the pentobarbital she was administered from her system. She received two doses of the drug in a failed attempt by the state of Tennessee to execute her on Wednesday, September 30.

派克的律师在10月6日星期二的一份声明中表示,尽管她在两次注射戊巴比妥未能致死后手臂受了重伤,但她仍然被铐住和脚镣锁住,NBC 新闻报道如是。他们之前在法庭文件中曾表示,他们认为静脉输液管路出现问题,导致戊巴比妥进入她的身体而不是进入她的血液循环系统。克里斯塔·派克接下来会怎样?执行死刑失败后,田纳西州州长比尔·李下令进行第三方审查,以查明出了什么问题。

Pike’s attorneys said in a statement on Tuesday, October 6, that she remains handcuffed and shackled despite having sustained significant injuries to her arms after two injections of pentobarbital failed to kill her, NBC News reported. They previously stated in a court filing that they believed problems with intravenous lines caused the pentobarbital to flow into her body instead of her bloodstream. What will happen to Christa Pike now? After the failed execution attempt, Tennessee Governor Bill Lee ordered a third-party review of what went wrong.

东卡罗来纳大学副教授保罗·A·卢卡斯博士表示,该审查很可能会确定“接下来会发生什么”,据 abc.net 报道。他说:“如果调查发现方案执行过程中存在问题,州政府可能会着重于纠正这些程序。”如果官员按照方案执行了但处决仍然失败,那可能会对方案本身提出更根本的质疑。不管怎样,我预计在田纳西州恢复执行死刑之前,派克女士执行死刑失败的周围情况将受到广泛审查。”什么是血小板增多症?

Dr Paul A Lucas, an associate professor at East Carolina University, said that the review would likely determine "what happens next,” per abc.net." If the investigation identifies problems with how the protocol was implemented the state may focus on correcting those procedures," he said. "If officials followed the protocol as written and the execution nevertheless failed, that could raise more fundamental questions about the protocol itself. Either way, I would expect the circumstances surrounding Ms Pike's failed execution to receive significant scrutiny before Tennessee resumes executions."

克里斯塔·派克的凝血状况可能导致注射死刑药物困难。派克的死刑执行失败后,田纳西州暂停了全年剩余时间的所有死刑执行。

What is thrombocytosis? Christa Pike's blood-clotting condition that may have made lethal injection challengingAfter Pike’s botched execution attempt, Tennessee paused all executions for the rest of the year.

其矫正部门负责人已辞职。卢卡斯表示,他对预测州政府接下来会做什么“持犹豫态度”。“仍有太多未解决的问题,从派克女士的医疗状况开始,以及独立审查的结果,”他说。“如果州政府确实寻求另一次执行死刑,我预计将出现大量诉讼,围绕着在第一次执行过程中发生的事情之后,另一次尝试是否能够符合宪法进行。”

The head of its Department of Corrections has resigned. Lucas said that he was "hesitant" to predict what the state would do next." There are still too many unresolved questions, beginning with Ms Pike's medical condition and the findings of the independent review," he said. "If the state does seek another execution, I would expect substantial litigation concerning whether another attempt can be carried out constitutionally given what occurred during the first one."

卢卡斯表示,长期影响可能“超出田纳西州”范围。“如此规模的死刑执行失败,为法院、政策制定者和其他州提供了一个真实世界的例子,通过该例子来评估[注射死刑程序],”他说。“在死刑的公众支持度总体从历史高点下降之际,类似此类事件也可能加剧[关于]死刑如何实施的[辩论]。法律上……公众态度的变化本身并不能决定某种执行方法是否违宪。”

Lucas said that the long-term ramifications could extend "beyond Tennessee"."A failed execution of this magnitude provides courts, policymakers, and other states with a real-world example through which to evaluate [lethal injection procedures]," he said. "At a time when public support for capital punishment has generally declined from its historical highs, an event like this may also intensify the [debate about] how the death penalty is administered. Legally … changes in public attitudes do not by themselves determine a particular execution method is unconstitutional."

根据死刑信息中心执行主任罗宾·马赫尔的说法,第二次尝试是“未探索的领域”。“自1947年以来,美国最高法院尚未裁定第二次死刑执行尝试是否会违宪,”她对《今日美国》表示。诺克斯维尔律师T·斯科特·琼斯,作为班克斯和琼斯律师事务所的高级合伙人,在派克恢复意识之前就后续步骤发表了看法。琼斯表示,诉讼预计将在州法院和联邦法院同时进行。

According to the Death Penalty Information Center's executive director Robin Maher, a second attempt was "uncharted territory"."The US Supreme Court has not decided whether a second execution attempt would violate the constitution since 1947," she told USA Today. Knoxville attorney T. Scott Jones, senior partner at Banks and Jones Attorneys, weighed in on the next steps before Pike regained consciousness. Jones said that litigation is expected to proceed in both state and federal court. Carissa Hansen: Who is Christa Pike's biological mother and where is she now?“From a litigation standpoint, I suspect that we will start back through the state courts and the federal courts relative to this competence issue as to whether or not she, even if she does survive, at what cognitive state is she going to be?”

卡丽莎·汉森:克里斯塔·派克的生母是谁,她现在在哪里?“从诉讼角度来看,我怀疑我们将重新启动州法院和联邦法院的程序,围绕这一行为能力问题——即她即使幸存下来,她的认知状态将是什么?”琼斯说。

Jones said. “So, we’re going to see both the state of Tennessee as well as her attorneys litigate that issue.”“And if, in fact, she is incompetent, the case law is pretty clear and it says that you can’t put her to death,” he continued.“They will likely pursue stuff on a dual avenue approach, both through the federal court system and the state court system,” Jones added.

“因此,我们将关注田纳西州政府以及她的律师们如何处理这个案件。”

“I mean, at some point in time, the courts are going to have to make that decision with regards to her competence and also to whether or not that under the Eighth Amendment, this basically constitutes cruel and inhumane punishment.”

“如果她确实不具备执行死刑的能力,那么相关判例法非常明确:在这种情况下,不能对她执行死刑,”他继续说道。

Even if Pike does recover, the state will have to start over as her death warrant has expired, Jones said.

“他们很可能会采取双管齐下的策略,既通过联邦法院系统,也通过州法院系统来推进诉讼,”琼斯补充道。“最终,法院必须对她的能力进行评估,并判断这种行为是否违反了《第八修正案》中关于‘残酷和不人道惩罚’的规定。”

Pike’s legal team has urged the Governor to give her life in prison after the botched execution." We continue to ask the Governor of Tennessee to commute Christa Pike's sentence to life imprisonment without the possibility of parole," they said.

琼斯还表示,即使派克能够康复,由于她的死刑执行令已经失效,州政府也必须重新启动整个程序。

Giving Pike life in prison seemed to be "the most obvious recourse", Fordham Law School professor Deborah Denno told CNN."

派克的律师团队已敦促州长将她的刑罚改为无期徒刑(且不得假释)。

Maybe [that's] a decision that would go up to the United States Supreme Court," she said.

“我们继续要求田纳西州州长将克里斯塔·派克的刑罚改为无期徒刑,”他们写道。

"We certainly have seen a couple of instances of an inmate who has survived to be executed finally again.”"

福特汉姆法学院的黛博拉·德诺教授对CNN表示:“将她的刑罚改为无期徒刑似乎是最合理的解决办法。”

But that's highly problematic, and I can't imagine that happening in this kind of situation,” she added.

“不过这个决定可能会被提交到美国最高法院审议,”她说,“我们确实见过一些囚犯在被执行死刑后又重新被判处死刑的案例。”

"Even if somebody is for the death penalty and thinks certain people deserve it, what happened to Christa Pike was never supposed to take place."

“但这实在是个严重的问题;我无法想象这种情况会发生,”她补充道,“即使有人支持死刑制度并认为某些人确实应该受到死刑惩罚,但克里斯塔·派克所遭遇的事情绝不应该发生。”

Pike, 50, was sentenced to death in 1996 in connection with the 1995 murder of 19-year-old Colleen Slemmer.

50岁的派克因1995年谋杀19岁的科琳·斯莱默而被判处死刑;当时她只有20岁。派克与她的男友塔达里尔·希普在田纳西州诺克斯维尔的一个职业培训营内实施了这起谋杀案。案件中的细节令人震惊——斯莱默的胸前还被刻了一个五角星。

Pike was 20 at the time. Pike and her then boyfriend, Tadaryl Shipp, murdered Slemmer at a job training camp in Knoxville, Tennessee. Shocking details about the case shocked the United States, including the fact that a pentagram had been carved into Slemmer’s chest.

根据死刑信息中心的数据,田纳西州最后一次执行女性死刑是在1820年。这意味着派克将成为该州200多年来首位被处决的女性。

The Death Penalty Information Center states that the last execution of a woman in Tennessee was in 1820. This means Pike would have been the first woman to be executed in the state in more than 200 years.