Two obstacles stand in the way of a second execution attempt on Christa Pike

As of right now, it is unclear what will happen to Christa Pike next, as her legal team continues to fight against a second execution attempt. 

After surviving two lethal injections last month, Christa Pike is now back and recovering in prison. In the most recent update on her condition, she is said to be talking in full sentences again, and able to walk on her own. 

There has previously been said to be four main options as to what might happen to her next. These include a second execution attempt, an execution attempt using an alternative method, or reducing her sentence to life in prison without a chance of parole. Pike’s legal team has previously asked the Governor of Tennessee to commute Christa Pike’s sentence to life imprisonment without the possibility of parole. 

via Tennessee Department of Corrections

The options of a second execution face two main obstacles. As per UA News, the first is a constitutional argument. The publication explained that Pike’s defence team may invoke the Fifth Amendment to the U.S. Constitution, which prohibits being punished twice for the same crime.

Her lawyers could argue that Pike, having had her lethal injection, has already been punished, despite having survived. At the same time, the state’s argument in return could be that the prescribed punishment was death, and that the sentence was therefore not carried out.

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The second obstacle is down to Pike’s cognitive condition. Despite now being able to walk and talk again, it has been reported that the killer is still struggling with her memory. Her lawyers have argued it could take months to fully understand her condition.

Under laws, you cannot execute someone who doesn’t understand the punishment. So, Pike’s ability to understand her punishment may impact the possibility of a second execution being able to take place. 

Legal experts previously explained the state might not legally be able to attempt to execute her again, due to the argument of competence. “She can’t be executed if she is brain injured and doesn’t understand the proceedings,” Professor Deborah Denno of the Fordham School of Law told The New York Post.

“The United States Supreme Court recognised in a case involving a dementia patient in 2019 that you can’t execute someone who’s not aware of the punishment that they’re going to receive.”

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