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What happens if you survive a death penalty as two lethal injections fail to kill Christa Pike
After the failed execution of Christa Pike on Wednesday, September 30, which saw the 50-year-old survive two lethal injections, several questions have been raised.
People following the case have asked: what are the next procedural steps, and what does the Constitution advise in this particular event?
Pike was due to be executed at Riverbend Maximum Security Institution, but the procedure did not have the intended outcome.
Her lawyers said the execution had "failed" and called for "immediate medical care" after she continued breathing and still had a heartbeat.
She was subsequently taken by ambulance to an off-site hospital, where she remains under medical care, with Tennessee Governor Bill Lee announcing that an investigation has been launched into how the procedure failed.
What is the precedent if you survive the death penalty?
For Pike, the immediate answer is that she will not face another execution attempt anytime soon, with Gov. Bill Lee suspending the state's remaining scheduled executions for the rest of the year.
The Tennessee Department of Correction has maintained that officials followed the state's established procedures, declaring in a statement that they "followed every step of the State’s lawful, established execution protocol approved by the Attorney General’s Office".
Officials also said the lethal injection chemical used "has consistently been effective" in previous executions.
They added: "The protocol does not allow for additional procedures beyond what was carried out this evening. Christa Pike has been transported to an off-site medical facility."
That means Pike's death sentence remains in place, but there is currently no immediate route for officials to try again.
As such, the situation is particularly unusual because Pike is believed to be the first person to receive two doses of Tennessee's lethal injection drugs during an execution attempt and survive.
Crucially, the state's execution protocol does not appear to provide a clear procedure for what should happen if an inmate survives after the prescribed drugs have been administered.
There is a recent Tennessee case that could provide some precedent, with an indication of what is likely to take place when an execution cannot be completed.
Earlier this year, death row inmate Tony Carruthers had his execution called off after medical staff were unable to establish a suitable second vein for the backup IV line required under Tennessee's protocol.
Pike not to face death penalty again this year
Under Tennessee law, when an execution date passes without the death sentence being carried out, the state's Supreme Court can establish another execution date.
That means Pike's case is likely to move into a new legal battle over whether and when another execution can take place.
Her lawyers could challenge any attempt to schedule a second execution, including on the basis of the Eighth Amendment to the US Constitution, which prohibits "cruel and unusual punishments".
For the time being, Tennessee has halted its other executions while officials investigate how Pike could receive two doses of lethal injection drugs without dying.
Her legal representatives are expected to continue challenging any attempt to carry out her death sentence again, while the question of a new execution date ultimately rests with the Tennessee Supreme Court.
That means Pike could still face execution, but any attempt to do so is likely to be met with further legal challenges, and debates over ethics with the death penalty in the US a widely contested punishment.