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Table of Contents

Think

Assess

 Patient: Autonomy

 Practitioner: Beneficence & Nonmaleficence

 Public Policy: Justice

Conclude

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In nothing do medical practitioners more nearly approach the gods than in giving health.
~ Marcus Tullius Cicero

Abstract

Capital punishment, or the death penalty, is a government-sanctioned punishment for committing a capital offense and is legal in 24 states, American Samoa, the federal government, and the military. The American Medical Association (AMA) and the American College of Physicians (ACP) prohibit practitioner involvement in any form of execution, including determining competence, administering drugs, and monitoring vital signs. The medical profession’s principles of beneficence (do good) and nonmaleficence (do no harm) would be violated by participation in an execution, which has no regard for the principle of patient autonomy. The medical profession’s ideology as a healing art should not be redefined by a political ideology of retribution, and practitioners must prioritize patient-centered care for the maximum benefit of the patient.

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Think 

[6:1] Capital punishment, or the death penalty, is a government-sanctioned punishment for committing a capital offense. Etymologically, the word “capital” comes from the Latin word “caput,“ which means head, and was used to describe an execution by beheading. Historically, executions have been carried out by hanging, shooting, lethal injection, stoning, electrocution, and gassing.

[6:2] Twenty-three states plus Washington DC have abolished the death penalty, and three states have a governor-imposed moratorium. Virginia was the 23rd state to abolish the death penalty as of March 2, 2022. As a result, there are currently only 24 states left where the death penalty is still legal.

[6:3] Capital punishment is not coherent with the patient-practitioner relationship. The patient-centered purpose and function of the social contract are to maximize the patient’s best interests as determined by the patient’s reasonable goals, values, and priorities. For a practitioner to participate in capital punishment would be a contradiction of the social contract, potentially damaging the social trust in the medical profession as a healing art.

Assess
Patient: 1) Autonomy

[6:4] Patient medical decision-making focuses on the principle of autonomy and the acquiring of informed consent. Capital punishment has no process or interest in getting the prisoner’s informed consent authorization to be executed. Since there is no prisoner choice, there is no disclosure to the prisoner of risks and benefits, and there is no rational assessment for determining what will maximize the patient’s, or in this case, the prisoner’s best interests; therefore, it logically follows that capital punishment has no regard for the principle of patient autonomy.

Practitioner: 2) Beneficence & 3) Nonmaleficence

[6:5] Patient-centered evidence-based medicine for health and wellness is how the art of medicine is defined and understood by the medical profession and the community. Capital punishment and executions, even if legal, is an incontrovertible contradiction with:

  • 1. the art of medicine’s goals and objectives of health and wellness, and
  • 2. the professional principles of beneficence (do good) and nonmaleficence (do no harm).

[6:6] The American College of Physicians (ACP) prohibits any practitioner engagement in cruel or unusual punishment such as capital punishment and other types of disciplinary activities beyond those permitted by the United Nations Standard Minimum Rules for the Treatment of Prisoners.

[6:7] The American Medical Association (AMA) states:

A physician [practitioner] must not participate in a legally authorized execution.

The American College of Physicians (ACP) states:

Participation by physicians [practitioners] in the execution of prisoners except to certify death is unethical.

[6:8] But even in the certification of death, the American Medical Association (AMA) clarifies this statement by stating that the certification of death can only occur if the condemned prisoner has already been declared dead by another person.

[6:9] The American Medical Association (AMA) defines practitioner participation in executions to include the following prohibitory categories:

  • 1. causing death,
  • 2. assist, supervise, or contribute in any way towards the ability of another to cause death, and
  • 3. automatic causation of death.

[6:10] The American Medical Association (AMA)  has a list of forbidden practices that includes but is not limited to the following:

  • 1. Determining the competence of a person for execution.
  • 2. Treating an incompetent person to make the person competent enough to be executed.
  • 3. Administering any drugs for the use and purpose of execution.
  • 4. Monitoring vital signs.
  • 5. Attending or even observing an execution.
  • 6. Providing technical advice.
  • 7. Selecting injection sites or starting an intravenous line.
  • 8. Prescribing, preparing, administering, or supervising injection of drugs.
  • 9. Inspecting or maintaining lethal injection devices.
  • 10. Consulting or supervising personnel who perform executions.

[6:11] Although the condemned are under a legal court order to die, it is still unethical and unprofessional for any practitioner to participate or even be associated with an execution. This is because the medical profession’s foundational principles of beneficence (do good) and nonmaleficence (do no harm) would be violated or contradicted by any form of participation in an execution.

Public Policy: 4) Justice

[6:12] It is essential to understand that just because “something” is illegal, that does not necessarily make that action immoral or unprofessional. In like fashion just because “something” is legal, that does not necessarily make that action moral or professional. Capital punishment is in this latter category. Although it is a legal penalty in 24 states, American Samoa, the federal government, and the military, that legality in and of itself is not a mandate for practitioners or the medical profession to be federal or state henchmen.

[6:13] Medicine’s professional ideology as a healing art is not redefined by a political ideology of retribution. It is imperative that everyone in society can always trust that their practitioners will only provide appropriate medical care for the benefit of the sick and that the practitioner’s focus will be patient-centered for the maximization of the patient’s best interests as determined by the patient’s reasonable goals, values, and priorities.

Conclude

[6:14] Any participation in capital punishment or executions is a fundamental contradiction with the medical profession being a healing art and a violation of the professional principle of nonmaleficence (do no harm). A practitioner, under no circumstances, is to participate or even be associated with an execution. Social trust, reputation, and professional obligations are of paramount importance for promoting the healing art of medicine.

[6:15] In summary, the medical profession’s participation in capital punishment or executions is a fundamental contradiction to its role as a healing art and a violation of its principles of beneficence and nonmaleficence. Practitioners are strictly prohibited from participating or even being associated with executions. Upholding social trust, reputation, and professional obligations is crucial in promoting the medical profession’s primary objective - the healing and well-being of patients.

(See also: 5. Assisted Suicide, 11. Death With Dignity - Practitioner-Assisted Dying, 17. Euthanasia, 27. Interrogations, and 58. Torture)

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6. Review Questions

1. If a practitioner is practicing medicine in a state where capital punishment is mandated and if capital punishment does not violate the practitioner’s conscience, then it is permissible for the practitioner to participate in legal and humane executions.

2. Although the condemned are under a legal court order to die, it is still unethical and unprofessional for any practitioner to participate or even be associated with an execution.

3. It is imperative that everyone in society can always trust that their practitioners will only provide appropriate medical care for the benefit of the sick and that the practitioner’s focus will be patient-centered for the maximization of the patient’s best interests as determined by the patient’s reasonable goals, values, and priorities.

4. A practitioner, under no circumstances, is to participate or even be associated with an execution. Social trust, reputation, and professional obligations are of paramount importance for promoting the healing art of medicine.

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6. Clinical Vignettes

1. A practitioner is practicing medicine in a state where capital punishment is mandated. Although capital punishment does not violate the practitioner's conscience, it is still impermissible for the practitioner to participate in legal executions because 1) capital punishment is not compatible with the patient-practitioner relationship, 2) capital punishment is not compatible with the patient's best interests as determined by the patient's reasonable goals, values, and priorities, and 3) capital punishment is not compatible with the social contract of the medical profession being a healing art. Which of the following is true:

2. Mr. Blake Shah, a 38-year-old prisoner is about to undergo a state-sanctioned execution. The healthcare practitioner is asked to be involved in some capacity. Which of the following actions is NOT prohibited by the American Medical Association (AMA)?

3. Mr. Nathan Perez, a 52-year-old prisoner is a death row inmate who has exhausted all legal appeals and is scheduled to be executed in two weeks. The prison warden has approached a practitioner to administer the lethal injection for the execution. What should the practitioner do?

4. Mr. Marcus Evans, a 28-year-old prisoner presents to the clinic with a history of chronic pain and discomfort. The patient's medical history reveals that they have been convicted of a crime and are facing the possibility of capital punishment. Despite their current situation, the patient's main concern is finding relief from pain and discomfort. Which of the following best reflects the practitioner's role?

5. Ms. Olivia Turner, a 54-year-old prisoner is scheduled for lethal injection as capital punishment. The patient's practitioner is asked to assist in the execution. The practitioner recognizes that participating in the execution would go against the medical profession's definition of a healing art, is a contradiction with the professional principles of beneficence and nonmaleficence, and would socially weaken the community's trust in the medical profession. What should the practitioner do in this situation?

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6. Cases: 6a, 6b 

Instructions
1. Read Prompt, 2. Think, Assess, & Conclude (TAC), then 3. Select an answer that mirrors the TAC conclusion.

Note: After success, select each of the wrong answers to understand why each of them is wrong.

6a

The state contacts a practitioner for help in the instruction of correctional personnel on how to start an IV drip for legally authorized executions. The practitioner is politically in favor of the death penalty and would like to assist.

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude





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6b

The state wants a practitioner “… to monitor prisoners’ vital signs during executions, to comfort the prisoners, and to ensure that the prisoners experience minimal suffering while dying.”

Think

Assess

  Patient: Autonomy

  Practitioner: Beneficence & Nonmaleficence

  Public Policy: Justice

Conclude











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