Lethal Injection: Who Gives the Shot?

Executions need executioners. One of the challenges to the lethal injection method of execution in the United States involves the drugs used in the process, and we post about those controversies (and the arguments being made in various courts) regularly.

However, another serious concern regarding injecting drugs into a human being in order to carry out a sentence of death involves who acts as executioner.

Doctors and Pharmacists

Doctors take an oath dedicating themselves to saving lives, not ending them. Physicians are vocal about their opposition to participating in executions involving lethal injections.

Which means it has been difficult finding people to do the job, and in some executions pharmacists have been the solution to the problem of finding an execution to inject the drug cocktail (or the single drug) used for capital punishment in that state.

Recently, the national organization that represents pharmacists came out officially against participating in executions involving lethal injections.

It doesn't stop an individual pharmacist from participating, but it sure does discourage it. 

Their press release:

APhA House of Delegates Adopts Policy Discouraging Pharmacist Participation in Execution
 

March 30, 2015


"The American Pharmacists Association discourages pharmacist participation in executions on the basis that such activities are fundamentally contrary to the role of pharmacists as providers of health care.”

WASHINGTON, DC – The American Pharmacists Association (APhA) House of Delegates today voted to adopt a policy discouraging pharmacist participation in executions. The House of  Delegates met as part of the 2015 APhA Annual Meeting & Exposition, APhA2015, in San Diego.

The policy states: “The American Pharmacists Association discourages pharmacist participation in executions on the basis that such activities are fundamentally contrary to the role of pharmacists as providers of health care.”

APhA Executive Vice President and CEO, Thomas E. Menighan, BSPharm, MBA, ScD (Hon), FAPhA, stated, “Pharmacists are health care providers and pharmacist participation in executions conflicts with the profession’s role on the patient health care team. This new policy aligns APhA with the execution policies of other major health care associations including the American Medical Association, the American Nurses Association and the American Board of Anesthesiology.
 

This new policy statement joins two policies previously adopted by the APhA House of Delegates:

Pharmacist Involvement in Execution by Lethal Injection (2004, 1985)

1. APhA opposes the use of the term "drug" for chemicals when used in lethal injections.
2. APhA opposes laws and regulations which mandate or prohibit the participation of pharmacists in the process of execution by lethal injection.

DPIC Launches New Series: "50 Facts About the Death Penalty"

 

For more information, go to the DPIC website.  

Death Penalty and the Supreme Court: What Will SCOTUS Do?

 Right now, the Supreme Court of the United States is considering several cases dealing with capital punishment and how the death penalty is to be carried out in this country.

It's getting to the end of the 2015 Term for the High Court, which means that we may expect some opinions to come down before the Justices leave for their summer vacations.  

The pending death penalty cases on the 2015 SCOTUS calendar include:

1.  Brumfield v. Cain

This is a case dealing with whether or not the means that the State of Louisiana has in place to determine whether or not the person is mentally disabled, and therefore protected by this Eighth Amendment bar, past constitutional muster.

2. Hurst v. Florida

Here, the sole question presented to the High Court for decision is whether or not Florida's death sentencing scheme violates the Sixth Amendment or the  Eighth Amendment in light of this Court's decision in Ring v. Arizona, 536 U. S. 584 (2002). 

3. Glossop v. Gross

The High Court is considering this case out of Oklahoma and while there are some that suggest this case may result in the entire lethal injection method of execution being held unconstitutional as cruel and unusual, there are others that see the case as being narrowly based, and dealing only with the issue of devation from Baze v. Rees, 553 U.S. 35 (2008) insofar as substituting the drug 

midazolam as its three-drug lethal injection cocktail, a drug not approved by the FDA for use as general anesthesia and never used as the sole anesthetic for painful surgical procedures.

4.  Supreme Court Allowed Two Death Penalty Executions Already This Year

Of note, Texas got the green light to execute Robert Ladd this year and Georgia also went ahead with the execution of Warren Hill in 2015 after SCOTUS declined to grant writ in that case.

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NOTE:  There is in-depth discussion of the lethal injection method of execution which focuses in part upon the botched execution of Clayton Lockett by the State of Oklahoma that was published today in the Atlantic.

(Hat tip to Sydney Simon for sending Terry Lenamon advance notice of the cover story here.)

Entitled, "Cruel and Unusual:The botched execution of Clayton Lockett—and how capital punishment became so surreal," and written by Jeffrey E. Stern, it's a good read for those following what's happening up in Washington right now.  

More on Lethal Injection Executions as Unconstitutional

Two quick things as we await the Supreme Court decision in Glossop:
 
1.  Read this Article
 
Last week, law professor Paul Litton shared an article with Terry Lenamon that he has coauthored with Harvard professor David B.Waisel.  It  discusses last week's SCOTUS arguments and the overall issue of whether or not the current lethal injection method of execution is unconstitutional.
 

It's a good read.

2. Watch this Video

Another good exploration of the issue -- this video from the Death Penalty Information Center:

 
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