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As the constitutional standards for the manner of execution of a death sentence are evolving, South Dakota faces potential scrutiny. Baze v. Rees, a 2008 decision by the Supreme Court of the United States, sets the standard for a lethal injection protocol that aligns with the Eighth Amendment's Cruel and Unusual Punishment Clause. This decision provides an opportunity for states to revise their protocol to satisfy constitutional standards through the proper administration of lethal injection. Although South Dakota's manner of execution is facially constitutional, it lacks safeguards to protect against the risk of administering cruel and unusual punishment. The lethal injection protocol reviewed by the Supreme Court of the United States and those of other states in the Eighth Circuit Court of Appeals can serve as models for revision. South Dakota, by statute and administrative rule, should establish lethal injection protocol that identifies the substances, specifies intravenous (IV) team experience and training, provides for inmate observation and examination, and describes backup IV procedures with the goal of reducing discretion and ensuring consistently humane executions. [ABSTRACT FROM AUTHOR]