The late Supreme Court Justice Harry Blackmun regretted the Court's 1976 Gregg vs. Georgia decision allowing executions to resume, saying in his dissent: "The path the Court has chosen lessens us all."
Daniel Cook, abused since infancy and now facing execution on August 8 in Arizona, is just the most current example of someone who endured severe childhood abuse only to later face execution. (Cook has a clemency hearing on Aug. 3; the prosecutor opposes his execution and it can still be stopped.)
There have been plenty of others.
It wasn’t supposed to be this way. In its 1976 Gregg v. Georgia decision, the US Supreme Court allowed executions to resume but required that juries be guided to restrict death sentences to the worst crimes committed by the worst offenders (aka “the worst of the worst”). The Court also endorsed laws “permitting the jury to dispense mercy on the basis of factors too intangible to write into a statute.” Defendants with mitigating circumstances (like youth, diminished mental capacity, or a history of childhood abuse) were supposed to receive lesser sentences.
So why do people with severe child abuse in their backgrounds keep ending up on death row? Are they really among the worst? SEE THE REST OF THIS POST
The medical profession, whose prime directive is “do no harm,” gets dragged into the mud when health care providers are required, or choose, to get involved in executions. Back in January, Ty Alper, associate director of Berkeley Law School’s Death Penalty Clinic, wrote an important paper on the participation of doctors in executions, or rather the widespread failure to exclude their participation. “Nearly all capital punishment states specifically call for doctors to be involved in some way,” he told Canada Views, which was reporting on an award he has received this week for his work.
But there are also ways outside of the execution chamber that health care professionals can contribute to the execution of a prisoner, in violation of their basic oath. One area where the medical profession and the death penalty collide is in the execution of the mentally ill, a distressingly regular practice of our capital punishment system. Tennessee, for example, is still scheduled to execute a seriously mentally ill man, Stephen West, on Nov. 9. A similar execution in Texas has been postponed, as Lone Star State authorities try to forcibly medicate a severely mentally ill man – Steven Kenneth Staley – so he can become temporarily competent enough to be put to death.
Texas capital punishment and science have always had an uneasy relationship. From trying to quash an investigation into bad forensic science, to paying psychiatrists (including Dr. James Grigson, aka “Dr. Death”) to convince juries of someone’s “future dangerousness”, to seeking to hide basic information about the drugs used for executions, to attempting to revive the scientifically invalid practice of scent lineups, Texas capital punishment enthusiasts have never had a problem taking steps that undermine the respectability of the medical and scientific professions.
But even by these standards, if the state is calling on doctors, or other medical professionals, to forcibly medicate a man for the sole purpose of killing him, that is pretty low.