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Original Articles

The Medical Technology of Execution: Lethal Injection

Pages 75-98 | Published online: 21 Jul 2010

References

  • Beichmann , A. 1963 . The first execution . Commentary , May : 410 – 419 . Report of the Commission to Investigate and Report the Most Humane and Practical Method of Carrying into Effect the Sentence of Death in Capital Cases, New York, 17 January 1888. Findings are cited in
  • Cited in Beichmann, ibid. In fact the execution was mishandled and a doctor is reported to have called out at one point after the first burst of electric current: 'Turn on the current instantly. This man is not dead.'
  • Schwarzchild , H. 1982 . 'Homicide by injection' . New York Times , 23 December
  • Denno , D. 'Getting to death: are executions constitutional?' . Iowa Law Review , 82 319 – 464 . note 315 (p. 374)
  • Martindale: The Extra Pharmacopoeia, , 29th Edition , 1126 London : Pharmaceutical Press .
  • Denno , D. 'Doing to death: are executions constitutional?' . Iowa Law Review , 82 319 – 464 . (see note 321; pp. 374-50)
  • British Medical Association . 1992 . Medicine Betrayed: The Participation of Doctors in Human Rights Abuses , 112 London : Zed Books . Oklahoma Regulations, 12 April 1978, cited in: Legislation usually does not indicate in detail the procedures to be used in carrying out the lethal injection. In Idaho, for example, the legislation stated simply that 'the punishment of death must be inflicted by intravenous injection of a substance or substances in a lethal quantity sufficient to cause death until the defendant is dead'. (Idaho Criminal Procedure 19-2716: Infliction of death penalty)
  • 1979 . Criminal Law Bulletin , Jan-Feb : 73 Quotations cited in (emphasis added). The idea for the Texas bill appears to have arisen in the context of a discussion on the humane killing of animals. Texas State representative Bill Grant told a journalist in 1980: 'We had someone from the Humane Society testifying [about animal welfare], and I asked him what he would think if we used electricity to kill a dangerous animal and burn it to death. He said it would be terribly cruel and inhumane, and that they would take it to court and fight it. I said. "That's funny, because that's just we voted to do that to people." I just thought that since we hold the human body sacred, we should be able to do as well by people as we do by dangerous or unwanted animals.' Quoted in
  • Moore , R . 1980 . 'Doctor as executioner: the argument over death by injection,' . New Physician , September
  • 1979 . Criminal Law Bulletin , Jan-Feb : 74
  • 1979 . Criminal Law Bulletin , Jan-Feb : 76
  • Curran , W.J. and Casscells , W. The ethics of medical participation in capital punishment . New England Journal of Medicine , 302 226 – 30 . These authors argued that it would be 'ethically improper for physicians to monitor the condemned prisoner's condition during the drug administration and to carry on this action to pronounce his death … To perform such a continuous role would be so intimately a part of the whole action of killing as to deny any consideration as a separate medical service … It is similar to the physician who examines the prisoner intermittently during torture or prolonged interrogation and pronounces him physically fit to continue his ordeal.'
  • 1992 . 1992 Code of Ethics: Annotated Current Opinions , 22 Chicago : AMA . Opinion 2.06 of the Council on Ethical and Judicial Affairs of the American Medical Association: Capital Punishment. In
  • Denno , D . 1997 . Doing to death: are executions constitutional? . Iowa Law Review , 82 : 319 – 464 . Some states make different provision for execution according to when the prisoner was convicted and sentenced. Those convicted under the former statute may be sentenced to be executed by the method prevailing at that time or at least given the option of choosing between the former and the current method. In some jurisdictions, the choice of execution method is not made by the prisoner but by others (See
  • American College of Physicians, Human Rights Watch, National Coalition to Abolish the Death Penalty, Physicians for Human Rights . 1994 . Breach of Trust: Physician Participation in Execution in the United States , Philadelphia : ACP .
  • Trombley , S. 1993 . The Execution Protocol , 318 – 321 . London : Century .
  • Merz , B . 1991 . 'Illinois execution bill signed over medical groups' protests.' . American Medical News , September 23-30 The bill specified that the 'execution shall be conducted in the presence of 2 physicians' and that the 'identity of executioners and other persons who participate or perform ancillary functions in an execution and information contained in records that would identify those person shall remain confidential', to maintain confidentiality 'the Department may make payments in cash'. (Illinois Code of Criminal Procedure ch.38: 119-5). See; See also Breach of Trust, op.cit. Other states also keep the identities of execution staff confidential. In Oklahoma, this is done by booding the execution team Report of the Florida Corrections Commission. 1997; Chairman, Edgar M. Dunn; their analysis of state practices is available fromhttp:floridas3.dos.state.fl.us/ fgils/ agencies/ fcc/ reports/ methods/ emstates.html
  • 1997 . Lexington Herald-Leader , 15 June This was not the only factor in choosing lethal injection as an execution method. The Kentucky Justice Minister, Dan Cherry, noted at the time of a discussion concerning the adoption by the state of lethal injection, that this execution method is easier to administer, is portable, and would allow the authorities to reduce potential unrest among inmates and trauma for the guards who get to know the condemned men held in the sole death row in the state. See
  • 1989 . When the State Kills , 121 – 3 . London : Amnesty International Publications .
  • 1995 . Eastern Express , 19 October citing a newspaper associated with the Chinese Ministry of Supervision, and Reuter, Beijing, 1 January 1997, citing Chinese jurists
  • 1992 . Transplantation Reviews , 6 : 189 – 93 . The position widely supported by transplantation societies was outlined in Guttmann R. On the use of organs from executed prisoners
  • 1994 . Ethical Codes and Declarations Relevant to the Health Professions, , 3rd Revised Edition , London : Amnesty International .
  • World Medical Association . 1994 . “ Resolution on physician participation in capital punishment, 1981 ” . In Ethical Codes and Declarations Relevant to the Health Professions Edited by: Amnesty International . London
  • International Council of Nurses . 1989 . “ The death penalty and participation by nurses in executions ” . In Codes and Declarations Relevant to the Health Professions Edited by: Amnesty International . London 1994
  • Stolls , M. 1985 . Hecker v. Chaney: Judicial and administrative regulation of capital punishment by lethal injection . American Journal of Law and Medicine , 11 (2) : 251 – 77 . This case is discussed in
  • Merz , B. 1991 . Illinois execution bill signed over medical groups' protests . American Medical News , 23-30 September
  • Louisville Courier-Journal, 1 October 1997. The first execution in Kentucky in 35 years occurred on 1 July 1997 when Harold McQueen was electrocuted. He had been under sentence of death for 16 years.
  • Amnesty International . 1989 . When the State Kills , London : AI Publications . For more detailed discussion of these issues see
  • Radelet , M. , Bedau , H. and Putnam , C. 1992 . Spite of Innocence: Erroneous Convictions in Capital Cases , Boston : Northeastern University Press .
  • Protess , D. and Warden , R. 1997 . Nine lives . Chicago Tribune , 10 August
  • Amnesty International . 1996 . China: No One is Safe , London : AI Publications .
  • Hood , R. 1996 . The Death Penalty: A World-wide Perspective. , Revised and Updated Edition , 238 Oxford : Oxford University Press .
  • Death Penalty Information Center . 1996 . Killing for Votes: Politicizing the Death Penalty Process , D C. Washington : DPIC . For discussion of the politicization of the death penalty in the USA see See also: United States of America: Death penalty developments in 1996, AI Index: AMR 51/01/97
  • Bowers , W. J. 1988 . “ The effect of executions is brutalization, not deterrence ” . In Challenging Capital Punisbment , Edited by: Haas , K. C. and Inciardi , J. A. 49 – 89 . Newbury Park : Sage . Some writers have suggested that executions encourage violence. For such an argument see
  • Guttmann , R. 1992 . On the use of organs from executed prisoners . Transplantation Reviews , 6 : 189 – 93 . The use of organs from executed prisoners has itself been rejected by responsible international medical bodies which argue that consent by the prisoner is not possible in an inherently coercive environment. See
  • Amnesty International . 1995 . China: The use of organs from executed prisoners AI Index: ASA 17/01/95
  • Human Rights Watch Asia . 1994 . Organ procurement and judicial execution in China . Newsletter , 6 August : 9

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