Skip to main content

AMA to Supreme Court: Doctor participation in executions unethical

Pain
Anesthesiologist Joel Zivot, MD, says he won't give Missouri officials an opinion on which execution method might result in the lowest risk of severe pain for a prisoner on death row because he feels ethically unable to compare the consequences of alternative forms of execution allowed under state law.

Missouri officials say that because prisoner Russell Bucklew didn't offer testimony to directly compare each method of execution and show that one "significantly reduces the risk of severe pain," the man hasn't met his burden to be put to death by something other than the state's standard lethal injection protocol.

Bucklew says he will suffer unnecessarily if he is put to death by the standard lethal-injection protocol. Instead, Bucklew is asking he be put to death by lethal gas because he believes it will cause him less suffering due to his rare medical condition, cavernous hemangioma. The condition causes blood-filled tumors to grow on his body. He claims once the drugs are administered, he will choke on his own blood for 4 minutes.

Now the U.S. Supreme Court is considering the case, Bucklew v. Precythe, including the question of whether the Eighth Amendment requires that an inmate prove an adequate alternative method of execution when challenging the state's method based on a rare and severe medical condition.

The AMA has filed an amicus brief in the case before the high court.

The brief doesn't support either party. Instead, it offers justices background on the "applicable ethical principles" that guide physicians on capital punishment. It also confirms that "testimony used to determine which method of execution would reduce physical suffering would constitute physician participation in capital punishment and would be unethical."

"Society wants to delude itself into a belief that capital punishment no longer represents a weighted moral choice, but is now somehow scientific - nearly antiseptic. This delusion, however, cheapens life and makes its extinction easier," the brief advises the court. "The medical profession, whose 'essential quality' is an interest in humanity and which reveres human life should have no part in this charade."

Ethical stance as old as time


The AMA notes that as early as the 5th century BCE, those who practiced medicine took an oath to the gods of the day "to ground their practice in service to the best interest of their patients." The Hippocratic Oath included its vow: "I will not give a lethal drug to anyone if I am asked, nor will I advise such a plan," the brief says.

Today, the AMA Code of Medical Ethics speaks directly to a physician's ethical responsibility when it comes to capital punishment stating, in part, that "as a member of a profession dedicated to preserving life when there is hope of doing so, a physician must not participate in a legally authorized execution."

The American College of Correctional Physicians, American College of Physicians, Americans Public Health Association, American Society of Anesthesiologists and the World Medical Association also have said it is unethical for physicians to participate in capital punishment.

Patient-physician relationship at stake


The brief tells the court that any physician assistance in an execution or the design of an execution would undermine the patient-physician relationship that relies on trust.

Physicians risk confusing their responsibility to the patient with a responsibility to the state if they participate in executions, the brief states. In turn, if patients don't have trust in their physician's independent judgment, they may avoid needed medical care or withhold sensitive information.

"By refusing to participate in capital punishment, even when sanctioned by a free society, physicians are making a statement - even if symbolically - that their role is not to serve the state as experts in killing, but to minister to their patients as healers," the AMA brief tells the court. "Ethical physicians avoid any potential blurring of these fundamentally incompatible functions."

Source: ama-assn.org, Tanya Albert Henry, August 21, 2018


⚑ | Report an error, an omission, a typo; suggest a story or a new angle to an existing story; submit a piece, a comment; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!



"One is absolutely sickened, not by the crimes that the wicked have committed,
but by the punishments that the good have inflicted." -- Oscar Wilde

Most viewed (Last 7 days)

Florida | Jury recommends death sentence for Jeffrey Crum in killing of 12-year-old girl

BROOKSVILLE, Fla. — A Hernando County jury has recommended the death penalty for a 65-year-old man who was found guilty last week of raping and killing 12-year-old Jennifer Odom. Sentencing for Jeffrey Crum was held this week. Crum abducted Odom in 1993 after she stepped off her school bus in Pasco County. Her body was found in a Hernando County orange grove six days later.

Hanging of Osaka Arsonist is Japan’s First Execution Under Takaichi Government

As a majority of the international community has abolished capital punishment. Japan and the U.S. are the only two countries in the Group of Seven leading industrialized nations that put people to death. The execution of Takami Sunao—an arsonist whose 2009 attack in Osaka killed five—on August 21, 2026, was Japan’s first use of capital punishment in just over a year. Over a Decade from Sentencing to Execution Takami Sunao was executed on August 21, 2026 , for a 2009 arson attack at an Osaka pachinko parlor that killed five people. In July 2009, Takami poured gasoline on the floor of a pachinko parlor in Osaka and set it alight, killing 5 customers and staff members and injuring 10 more. While the defense argued that he was in a state of diminished capacity, the Supreme Court finalized his death sentence in February 2016. The execution took place 17 years after the initial crime and 10 and a half years after the death sentence was finalized.

Cartoons about Capital Punishment

  More cartoons about capital punishment HERE

Spared execution eight times, oldest inmate in US dies at 101 after 76 years behind bars

Francis Clifford Smith was given his last meal eight times. But after being spared execution each time, he went on to be regarded as the longest-serving prisoner in the US before dying in June at 101 years old. Convicted of murder in 1950 when he was 25, he always maintained his innocence, those who knew him told the BBC. Andrius Banevicius, the public information officer for Connecticut's Department of Correction, recounted how Smith used to feed the birds while in Osborn Prison, earning him the nickname The Birdman of Osborn.

Israel builds execution chamber for Palestinians convicted of murder

In March, the Knesset approved legislation that calls for the execution of Palestinians convicted by a military court of killing Israelis Israeli authorities are preparing a prison wing—replete with an execution chamber—designated specifically for Palestinian prisoners convicted of murder, Israel’s i24NEWS channel reported Tuesday. The move comes after the Knesset (Israel’s parliament) approved legislation in March that calls for the execution of Palestinian prisoners convicted by a military court of murdering Israelis.

Japan executes man convicted of killing five in 2009 Osaka pachinko parlor arson

Japan on Friday announced the execution of a man convicted of killing five people after setting fire to an Osaka pachinko parlor in 2009, the first execution by Prime Minister Sanae Takaichi 's government as the country faces growing calls for more transparency and the abolition of capital punishment. The Justice Ministry said Sunao Takami, 58, was hanged to death earlier Friday. Takami in 2009 set fire to the crowded pachinko parlor in Osaka by spreading gasoline and throwing a lit match, engulfing the building, killing five and injuring 10 others, Justice Minister Hiroshi Hiraguchi said.

Florida executes William Frances Silvia

Florida executed its 13th death row prisoner of the year Tuesday evening amid the state’s aggressive use of the death penalty championed by Governor Ron DeSantis. William Frances Silvia, 61, who was convicted of fatally shooting his estranged wife and injuring his mother-in-law in 2006, was pronounced dead at 6:11 p.m. after receiving the lethal three-drug injection at Florida State Prison.  At 6 p.m. Tuesday, Silvia was already strapped to a gurney with an IV in his arm when the curtain to the death chamber went up.  He remained relatively motionless with his eyes and mouth open throughout most of the execution while a priest sat at his feet and prayed.

Oklahoma executes Carlos Cuesta-Rodriguez

Oklahoma has carried out 1 of 3 executions set for the same day in the United States in another sign of the resurgence of the death penalty in the country.  Carlos Cuesta-Rodriguez was pronounced dead at 10:13 a.m. on Thursday, Aug. 13, at the Oklahoma State Penitentiary in McAlester.  He was put to death by lethal injection for the murder of his common-law wife in 2003 at their Oklahoma City home. He admitted to police he shot her twice during an argument.  Cuesta-Rodriguez, 70, did not fight for his life, stunning his attorneys in July when he told the Oklahoma Pardon and Parole Board that he didn't want clemency. "It's time for me to pay for what I did," he said. 

Alabama is trying a death penalty bait-and-switch

For a decade, Alabama death row inmate Jeffrey Lee has been clear that he does not want to be executed by lethal injection . But that is what awaits him on September 17 . He faces that prospect because the state has been enjoined from using nitrogen hypoxia , the alternative execution method he preferred, to put him to death. Having failed to show that its nitrogen hypoxia protocol is constitutionally acceptable, Alabama wants a do-over to force Lee to die by lethal injection as a result of its own failure. It should not get one. Alabama should only be able to put Lee to death if it can fix nitrogen hypoxia’s constitutional defects.

Texas | A Dangerous Man. At 18, Billy Joe Wardlow took a man’s life. Nearly 30 years later, the state still wants his.

Like any place humans gather, death row has a culture. Billy Wardlow says it's different in many ways from general population. One is in how new inmates are treated. "In [general population], the guys around you would try to find some way to exploit you," Wardlow said. "Death row, with a few exceptions, will often extend a hand of friendship to the 'new boot' so they can get on their feet ... Most of us get together and let each other know what we can send to the new guy." One of the cherished myths of those who support the death penalty is that it is reserved for the “worst of the worst,” those beyond redemption. Wardlow typically sends writing materials, food, clothes, and hygiene products. Recently, after receiving some of these items, a new inmate asked Wardlow what he owed him. "I told him to remember how guys helped him when he saw someone else new," Wardlow said. "Pay it forward, as the saying goes." Sending gift...