Problems Associated with Lethal Injection

Lethal injection is the leading method of execution in the United States, used by all but one of the 38 death penalty states. (Nebraska uses electrocution.) Almost all of these states use a combination of three drugs: sodium pentothal (an anesthetic, also called Thiopental sodium), pancuronium bromide (a paralytic agent, also called Pavulon), and potassium chloride (stops the heart and causes death). (Death Penalty Information Center, "Lethal Injections: Some Cases Stayed, Other Executions Proceed.") Recently, concerns have surfaced regarding Pavulon, which could paralyze inmates to the point where they are unable to communicate any pain they are feeling from the following dose of potassium chloride. Painful, lengthy executions constitute violations of the 8th Amendment, which prohibits cruel and unusual punishment.

 

Another issue surrounding lethal injection is physician involvement in execution procedures. On one hand, those with medical training are the most qualified to administer these drugs. However, forcing physicians to participate in killing a human being is generally considered a breach of the Hippocratic Oath. The American Medical Association issued a statement prohibiting physician involvement in executions because it violates their ethical obligations and erodes public confidence in the medical profession and the American Society of Anesthesiologists adopted the same position. The American Nurses Association adopted a similar position, stating that, "Participation in executions contradicts the fundamental role of health care professional as healer and comforter...participation in execution violates state law." (American Nurses Association, 9/13/96.) Because physicians are increasingly refusing to participate in executions, it becomes more likely that these procedures are carried out by untrained professionals, increasing the possibility of mistakes that can cause painful, lengthy executions.

 

A University of Miami study of 49 U.S. executions using Pavulon showed that 21 of those inmates were probably conscious when they received potassium chloride, which meant that the Pavulon had masked the ability to determine if there was pain and suffering. 

 

In May 2007 an Ohio execution team took over two hours to execute Christopher Newton, sticking him at least 10 times in order to inject the lethal drugs. 

 

In December 2006 an execution team in Florida had to use two doses of lethal drugs over 34 minutes to kill Angel Diaz. The drugs were accidentally injected into his muscles instead of his veins while he writhed and spoke during the procedure. The Miami Herald reported that the process looked "agonizing." 

 

Concerns surrounding lethal injection are being raised by inmates in courts as well as by legislators. Inmates raising lethal injection challenges are generally claiming that the drugs used in executions cause extreme and unnecessary pain, and that the combination of chemicals, Pavulon in particular, masks any pain being experienced by the inmate from the sight of those administering the execution. The appeals assert that this is a violation of the Eighth Amendment's ban on cruel and unusual punishment. These challenges have resulted in executions being effectively halted in numerous states due to concerns about the lethal injection procedure, including Arkansas, California, Delaware, Florida, Maryland, Missouri, New Jersey, and North Carolina. Additionally, legislation is pending in many states to change or study the lethal injection procedure. (Death Penalty Information Center, "Death Penalty in Flux.")

The issue of lethal injection illustrates the fallible nature of the death penalty system, and suggests that executions may be inhumane and cruel, violating defendants’ constitutional rights. These questions are particularly disturbing considering the rising number of innocent inmates being found on death row. Until recently, lethal injection was embraced by states as a painless alternative to electric chairs and gas chambers. In fact, we may never know whether the drugs used in lethal injection, including those used in any modified procedures, cause pain and agony for the inmate, brutalizing our society and undermining public confidence in the system. Additionally, the country's reliance on lethal injection has created an arbitrary system wherein some inmates are granted stays due to lethal injection claims while inmates with identical claims are executed. As long as there are doubts surrounding execution procedures, the death penalty should not be practiced.