Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Tuesday, February 21, 2006

Physicians and the Death Penalty

I suppose one difference might be that doctors are part of a profession whose norms prohibit their participation in executions but not their distribution of contraception.  See, for example, the following statement by the AMA:

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. Physician participation in execution is defined generally as actions which would fall into one or more of the following categories:

(1) an action which would directly cause the death of the condemned;
(2) an action which would assist, supervise, or contribute to the ability of another individual to directly cause the death of the condemned;
(3) an action which could automatically cause an execution to be carried out on a condemned prisoner.

Physician participation in an execution includes, but is not limited to, the following actions: prescribing or administering tranquilizers and other psychotropic agents and medications that are part of the execution procedure; monitoring vital signs on site or remotely (including monitoring electrocardiograms); attending or observing an execution as a physician; and rendering of technical advice regarding execution.

In the case where the method of execution is lethal injection, the following actions by the physician would also constitute physician participation in execution: selecting injection sites; starting intravenous lines as a port for a lethal injection device; prescribing, preparing, administering, or supervising injection drugs or their doses or types; inspecting, testing, or maintaining lethal injection devices; and consulting with or supervising lethal injection personnel.

"The use of a physician's clinical skill and judgment for purposes other than promoting an individual's health and welfare undermines a basic ethical foundation of medicine — first, do no harm. Therefore, requiring physicians to be involved in executions violates their oath to protect lives and erodes public confidence in the medical profession.

As I understand this situation, doctors are prohibited by the ethical guidelines of their profession (whatever their personal or religious views) from participating in executions.  The refusal of these doctors to participate in an execution therefore did not involve a personal decision to impose their religious values on the people who rely on them for treatment, but a decision to act in a manner consistent with the ethical norms of their profession.

https://mirrorofjustice.blogs.com/mirrorofjustice/2006/02/physicians_and_.html

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Anesthesiologists in California have refused to participate in the execution of a California inmate, Michael Angelo Morales, because of their concern it would violate the ethical norms of their profession. As the Mirror of Justice blog points out, the AMA [Read More]