Most everybody on this forum can come up with dozens of ways to perform a "humane" execution. One of the problems is that anybody who is intelligent enough and motivated enough to obtain this knowledge and skillset is not working in the corrections system. But maybe some pro-execution, underemployed or unemployed anesthesiologist would give up the practice of medicine and offer up services as an itinerant professional executioner. Apparently there is a need.
From Anesthesiology News:
Anesthesiologist Participation in Executions: Always Wrong?
Earlier this year, the U.S. Supreme Court agreed to review the constitutionality of execution by lethal injection. In particular, the court will consider claims by two Kentucky inmates that the drugs used during executions constitute cruel and unusual punishment.
Despite their special training, physicians have traditionally shied away from any involvement with capital punishment or lethal injection, preferring to see themselves as healers and comforters rather than as executioners. Many codes of medical ethics explicitly forbid physician involvement in capital punishment. A frequently stated explanation for this view is that physicians are entrusted to work for the benefit of their patients, and that this trust is violated when medical expertise is used to facilitate judicial executions.
For instance, the American Medical Association (AMA) Council on Ethical and Judicial Affairs states:
An individual’s opinion on capital punishment is the personal moral decision of the individual. A physician, as a member of a profession dedicated to preserving life when there is hope of doing so, should not be a participant in a legally authorized execution.
This is not to imply that physicians do not participate anyway. According to a 2007 article in
Current Opinion in Anaesthesiology (2007;20:147-151), 17 states with the death penalty require physician involvement, usually to declare death, although doctors have also “rendered inmates competent, provided intravenous access, monitored vital signs, (and) administered lethal injections.” In one case reported in
The New York Times, a prison doctor even inserted a central line when a nurse was unable to establish peripheral venous access.
Several counterarguments have been advanced against the AMA position. First, physicians are sometimes involved in the termination of life in other ways during the course of their duties, as in the case of gynecologists who perform therapeutic abortions or intensive care physicians who withdraw life support from patients whose prognosis is hopeless. Related to this argument is the notion held by some that it should be acceptable for physicians to participate in euthanasia.
A second counterargument sometimes raised is that physicians should not label as unethical government policies that have been democratically developed through legitimate legislative channels.
Not all physicians view participation in judicial executions with abhorrence. In fact, some take a very practical perspective, arguing that the alternative of having prison employees with little experience attempt to obtain venous access is less humane than having an experienced physician do so. In all likelihood, prisoners on death row would agree.
The French physician Joseph-Ignace Guillotin was among the first physicians to advocate the use of technology to achieve more “humane” executions. Ironically, Dr. Guillotin was personally opposed to the death penalty and saw his proposal as a step toward the abolition of capital punishment. While a member of the Constituent Assembly, Dr. Guillotin proposed that the French develop a uniform method of execution that would replace the less humane methods then in use, such as hanging, burning, mutilation and drowning.
Similar views can be found today. For instance, Jack F. Hildebrand, writing in the “Rapid Responses” section of the
British Medical Journal, expressed his opinion this way:
“Let me make it clear: I am opposed to the death penalty. But the fact remains that the death penalty does still exist in this country. I understand that certain physicians want nothing to do with the executions that result from this policy.
But, on the other hand, one of the duties, and desires, of a physician is to provide comfort and relieve pain and suffering. While capital punishment is legal, capital torture is not. I feel that we have a duty, once someone has been ordered executed, to ensure that the execution takes place in as ‘humane’ a fashion as possible. The records are ripe with stories of botched executions. Once we have made the ignominious decision to end a convict’s life, we have a huge responsibility to bring this event about in as ‘efficient’ a manner as possible, and that is where the role of the physician comes in.
Enthusiasm for that role is not required, but I just do not see how physicians can walk away from what is, albeit unfortunately, a dirty job that somebody has to do.”
Evidence of Slipshod Performance
Execution by lethal injection is usually accomplished by administering three drugs: thiopental, pancuronium and potassium chloride. Thiopental is given to ensure unconsciousness. Pancuronium paralyzes all skeletal muscle, with the result that breathing ceases. Potassium chloride stops the heart.
There is evidence, however, that execution by lethal injection is often carried out haphazardly. For example, Koniaris et al. (
Lancet 2005;365:1412-1414) found that in Texas and Virginia, executioners administered drugs remotely without monitoring for unconsciousness. In addition, neither data collection nor peer review—activities ordinarily carried out when process quality is sought—was performed. Toxicology data obtained “showed that postmortem concentrations of thiopental in the blood were lower than that required for surgery in 43 of 49 executed inmates,” and that in 21 inmates, concentrations were consistent with being awake.
The American Society of Anesthesiologists has an ethics committee that considers such issues. Its involvement in this debate arose in the context of
People v Michael Angelo Morales, the case in which expert testimony about flaws in the reliability of the lethal injection process in California led to a judicial ruling requiring the presence of a “licensed medical professional,” such as an anesthesiologist, to ensure that unconsciousness is achieved. The ruling prompted some individuals, like Dr. Guillotin, to consider proposing methods of execution superior to existing techniques.
A more practical and humane method, for example, might be to encapsulate the head of the condemned convict with a sealed transparent hood to which pure nitrous oxide would be delivered. Such an arrangement should lead to painless unconsciousness in a few minutes, but because no oxygen is administered, anoxia and cardiac arrest would ensue.
It is provocative to ask, “If execution using such a system might be more humane, why is there no movement in this direction?” The likelihood is that although most anesthesiologists would agree that such a technique would be expected to work, very few would want to be involved in promoting it, either because they are philosophically opposed to capital punishment (as I am) or for reasons related to professionalism and discretion.
Regardless, physicians concerned that capital punishment be carried out competently and humanely are faced with an ethical dilemma. These physicians’ desire to reduce pain and suffering in the execution process will be in direct conflict with the long-standing ethical position of the medical establishment, which takes a clear and unambiguous position against participating in the process of capital punishment.
—D. John Doyle, MD, PhD
About ten years ago I changed my mind on the death penalty. I used to be a supporter. My objections are that many who have been sentenced to death have been exonerated and that it has been unevenly applied along racial and economic lines. When I was pro death penalty, I would have had no problem assisting in the procedure, other than my concern for the personal consequences that I would have suffered should my involvement been disclosed. I would have done it for free. At the time I considered it a matter of personal conscience.
Despite my anti death penalty stance, I strongly object to the ABA and AMA and state boards of medicine for their threatened retribution against physicians who choose to participate.