NORTH CAROLINA LAW REVIEW Volume 88 | Number 1 Article 3 12-1-2009 The rT uth about Physician Participation in Lethal Injection Executions Ty Alper Follow this and additional works at: http://scholarship.law.unc.edu/nclr Part of the Law Commons Recommended Citation Ty Alper, The Truth about Physician Participation in Lethal Injection Executions, 88 N.C. L. Rev. 11 (2009). Available at: http://scholarship.law.unc.edu/nclr/vol88/iss1/3 This Article is brought to you for free and open access by Carolina Law Scholarship Repository. It has been accepted for inclusion in North Carolina Law Review by an authorized administrator of Carolina Law Scholarship Repository. For more information, please contact
[email protected]. THE TRUTH ABOUT PHYSICIAN PARTICIPATION IN LETHAL INJECTION EXECUTIONS* TY ALPER** Recent court rulings addressing the constitutionality of states' lethal injection procedures have taken as a given the faulty notion that doctors cannot and will not participate in executions. As a result, courts have dismissed the feasibility of a remedy requiring physician participation, and openly expressed suspicion of the motives of lawyers who would propose such a remedy. This Article exposes two myths that have come to dominate the capital punishment discourse: first, that requiring physician participationwould grind the administrationof the death penalty to a halt because doctors cannot participate; and second, that advocating for such a requirement is a disingenuous abolitionist strategy as opposed to a principled remedial argument. As this Article demonstrates through a review of available research and recent litigation, doctors can, are willing to, and in fact do regularly participatein executions, though often not in the manner necessary to ensure humane executions.