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Notable new paper on doctor involvement in executions

By Douglas A. Berman

I just learned from a helpful reader about this new article by Ty Alper on SSRN titled, "The Truth about Physician Participation in Lethal Injection Executions." Here is the abstract: This Article addresses an aspect of Baze v. Rees (the Court?s recent lethal injection decision out of Kentucky) that has received little attention but threatens to have a significant impact on the way in which the holding of Baze is implemented in other states.  In short, several of the Justices? opinions in Baze were premised on the faulty notion that doctors cannot and will not participate in executions.  As a result, several Justices appeared to rule out the feasibility of a remedy requiring physician participation, and openly expressed suspicion of the motives of lawyers who would propose such a remedy...continue to full post

Full post as published by Sentencing Law and Policy on June 23, 2009 (boomark / email).