Ethical Responsibilities of Physicians: Capital Punishment in the 21st Century

• Published in: Psychiatric annals Vol. 45; no. 12; pp. 615 - 621
• Main Authors: Rosenbaum, Karen B., Darby, William Connor, Weinstock, Robert
• Format: Journal Article
• Language: English
• Published: Thorofare SLACK INCORPORATED 01.12.2015
• Subjects: Capital punishment; Forensic psychiatry; Medical ethics; Psychiatrists
• ISSN: 0048-5713; 1938-2456
• DOI: 10.3928/00485713-20151030-01

The United States is in the company of only 22 other countries with the death penalty. The American Medical Association is among many medical professional organizations that prohibit the participation of physicians in the physical act of execution. Despite these clear guidelines, debate remains regarding physician involvement in various aspects of death penalty cases. This article outlines different positions that physicians and specifically forensic psychiatrists have taken on this issue. Our position is that given the overwhelming secondary duty related to their physician role—specifically to do no harm—forensic psychiatrists should not use their expertise if they believe their involvement will be used for the primary purpose of obtaining a death penalty. Of necessity, forensic evaluations can do harm. But when something as extreme as death is concerned, the secondary medical duties preclude directly facilitating a person's death. The United States is in the company of only 22 other countries with the death penalty. The American Medical Association is among many medical professional organizations that prohibit the participation of physicians in the physical act of execution. Despite these clear guidelines, debate remains regarding physician involvement in various aspects of death penalty cases. This article outlines different positions that physicians and specifically forensic psychiatrists have taken on this issue. Our position is that given the overwhelming secondary duty related to their physician role—specifically to do no harm—forensic psychiatrists should not use their expertise if they believe their involvement will be used for the primary purpose of obtaining a death penalty. Of necessity, forensic evaluations can do harm. But when something as extreme as death is concerned, the secondary medical duties preclude directly facilitating a person's death. [[ Psychiatr Ann . 2015;45(12):615–621.]