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The Medicalization of Execution: Lethal Injection in the United States

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This paper aims to provide a “nuts and bolts” explanation and depiction of the medical and scientific mechanics of lethal injection. Most of the source information derives from material produced during litigation in which the author served, or is serving, as an expert witness for plaintiffs who are litigating in civil court to remedy perceived deficiencies in the lethal injection procedures employed by various state departments of corrections. Of note, the author has in the past and will in the future receive compensation for many, but not all, of these legal cases. Further, it is important to recognize that some of the data and documentation that has been reviewed by the author and that contributes to the author’s opinions has been placed under seal by court orders. Lastly, the author believes in the importance of disclosing that, as a result of his involvement in the legal challenges to lethal injection, he has developed a strong opposition to the imposition of the death penalty as it is presently administered in the United States.

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References

  1.  Royal Commission on Capital Punishment (1949–1953) Report, at 261 (Her Majesty’s Stationary Office Reprinted 1965) (rejecting lethal injection as a method of execution).

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  2. At present all but one of the 38 death penalty states, and the federal and military judicial systems, employ lethal injection as either the sole method of execution or, in the cases of some states that were late to adopt, as one of the methods available to be chosen by the condemned prisoner.

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  4. Thiopental is also known as sodium thiopental, Sodium Pentothal, and thiopentone. It will be referred to throughout as thiopental.

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  5. In fact, the legislative debate over lethal injection centered on whether prisoners ought to be executed by a more painful and mutilating method. For example, on April 20, 1977, Representative Converse moved to amend the proposed lethal injection bill to adopt the “biblical procedure of ‘eye for eye’ i.e. each person convicted shall be executed in the same manner as the death of the victim for the conviction occurred”. Legislative History of Oklahoma House Bill 10, An Act Relating To Criminal Procedure; Amending 22 O.S. 1971, Section 1014; And Specifying The Manner Of Inflicting Punishment Of Death.

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  9. Femoral central line placement is an intrusive and painful surgical procedure which must be performed by highly skilled medical practitioners like anesthesiologists or surgeons. There are instances where prison guards have performed such procedures in executions.

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Heath, M. (2007). The Medicalization of Execution: Lethal Injection in the United States. In: Greifinger, R.B. (eds) Public Health Behind Bars. Springer, New York, NY. https://doi.org/10.1007/978-0-387-71695-4_7

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  • DOI: https://doi.org/10.1007/978-0-387-71695-4_7

  • Publisher Name: Springer, New York, NY

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