American MDs reject moratorium on capital punishment

CMAJ 2000;163(2):197

Ronald Carlson of Houston, who witnessed the execution of his sister's murderer, now opposes capital punishment. Here, he protests the execution of Canadian Joseph Faulder in Texas in June 1999. (Photo courtesy of Canapress)

Acting on a resolution from the American Association of Public Health Physicians, delegates attending the AMA's annual House of Delegates meeting in mid-June characterized the death penalty as a legal rather than medical issue. They did endorse more use of "appropriate medical forensic techniques" such as DNA testing in capital cases. Delegate Steven Thorson of Colorado said he feared a temporary moratorium would lead to a permanent ban. That, he said, "wasn't the AMA's business."

The resolution sought a moratorium "until questions concerning the availability of DNA evidence, the quality of legal representation and the harmful impact to the judicial system [through the execution of innocent people]" could be resolved. The resolution stated "that in several states innocent individuals may be executed because medical technology will not be made available in time to prevent their deaths." Although the AMA rejected the moratorium, its existing policy precludes physician participation in executions in any way.

The momentum for death-row reform picked up earlier this year when Governor George Ryan of Illinois suspended executions in that state after concluding that 13 innocent people might have been executed. It grew when other legislators requested reviews of the safeguards provided to inmates throughout their long appeal process, and reached its apogee when Republican presidential nominee George Bush postponed the execution of a convicted killer in June to allow time for DNA testing. One hundred and thirty-one inmates have been put to death during his term as governor of Texas, and Bush has repeatedly said he does not believe any innocent person has been executed in his state. However, he does support expanded use of DNA testing. Bush's opponent for the presidency, Vice-President Al Gore, has affirmed his support for capital punishment and also supports expanded DNA testing.

Since the US Supreme Court reinstated the death penalty in 1976, 643 people have been executed (www.ojp.usdoj.gov/bjs/cp.htm). One-third of the executions (218) were carried out in Texas. Shortly after the Bush announcement, a highly publicized research survey from Columbia University revealed that in 4578 appeals of death penalty convictions prior to 1995, 68% of the convictions were overturned because of mistakes by incompetent defence lawyers and other courtroom errors; 7% of those appealing were found to be innocent.

Public support for the death penalty is sliding steadily in the US, from 80% support in a 1994 Gallup poll to 66% support today. There are no surveys on physicians' attitudes toward capital punishment. The AMA policy states that "an individual [physician's] opinion on capital punishment is [a] personal moral decision." — Milan Korcok, Florida

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