NC Medical Board appeals execution decision

Started by ScoopD (aka: Pam), July 31, 2008, 01:38:24 PM

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ScoopD (aka: Pam)

RALEIGH (AP) - The North Carolina Medical Board on Wednesday defended its right to punish physicians who participate in executions, arguing in an appeal that the Legislature never intended for doctors to take part.

The board asked the state Supreme Court to reverse a Superior Court judge's decision from September 2007 that determined the board overstepped its authority by threatening to punish physicians for participating in executions.

The medical board said in the appeal it filed Wednesday that it "would be abandoning its own mission were it not to enforce and protect the ethics of the medical profession, especially one so central to the medical profession as the preservation of life."

The board's policy effectively triggered a moratorium on the death penalty in North Carolina, which has not executed an inmate since August 2006.

Department of Correction spokesman Keith Acree said his office couldn't immediately comment because the agency had not seen the filing.

The board wrote in its appeal that the main question before the court "is whether the legislature ever intended to jeopardize the trust between the people of North Carolina and their physicians for the sake of unnecessary participation by physicians in judicial executions."

The filing argued that the General Assembly has consistently shown through legislative acts that it "never intended for physicians to actively participate in judicial executions."

The medical board licenses and disciplines doctors in North Carolina. It adopted the policy in January 2007, saying the participation of physicians in executions violates the ethics of a profession tasked with saving life.

But Superior Court Judge Donald Stephens said last year that state law does not grant the medical board the right to prohibit doctors from assisting in executions. He also ruled that executions are not medical procedures.

The filing said that it's irrelevant whether an execution is a medical procedure because the Legislature has given the board the authority to discipline doctors for violations of medical ethics, regardless of whether they involve the practice of medicine. Such violations include sexual relationships with patients and fraudulent billing.

State law requires that a doctor be present during a lethal injection, and a federal judge demanded last year that a doctor oversee the process of putting an inmate to death.

The state had revised its lethal injection process in an attempt to satisfy the judge, requiring that a physician monitor "the essential body functions of the condemned inmate" and notify the warden if the inmate shows signs of "undue pain and suffering."

The medical board said in the court filing that the state Department of Correction and the Central Prison warden had given contradictory statements about the extent of doctors' involvement in executions.

source: http://www.news-record.com/content/2008/07/30/article/nc_medical_board_appeals_execution_decision
<br /><br />If there must be trouble, let it be in my day, that my child may have peace. -Thomas Paine<br /><br />My reason for supporting capital punishment: My cousin 16 yr. old Amanda Greenwell was murdered in March of 2004 at the hands of serial killer Jeremy Bryan Jones.

Jeff1857

Hopefully we'll get back on track in the near future but I ain't holding my breath.

hansenka

With NC being in the number 7 position of death row inmates, hopefully they will figure things out soon and start back with their executions.  Along with other states of course.  See below!  I found these numbers on www.deathpenaltyinfo.org

California 667        Mississippi 64   Connecticut 9
Florida 397           S. Carolina 63   Kansas 9
Texas 373            U.S. Gov't 51    Utah 9
Pennsylvania 228   Missouri 48       Washington 9
Alabama 203         Arkansas 40      U.S. Military 9
Ohio 188               Kentucky 39     Maryland 6
N. Carolina 173      Oregon 35         S. Dakota 3
Arizona 126           Virginia 21        Colorado 2
Georgia 107           Delaware 19     Montana 2
Tennessee 102       Idaho 19         New Mexico 2
Louisiana 88           Indiana 19       Wyoming 2
Oklahoma 84           Illinois 13
Nevada 77 

JeffB

Speaking of which - I thought California was back online...  Anyone know what's going on out there on the "left coast"?  I mean - 667 DR offenders?  Let's get this train moving.
"SO SUCK IT YOU "BLUE COOLER" DOPE!"  -  Sylar24

facethemusic

I say you put all forms of execution up on the menu and let the condemned choose. If one form of execution is being challenged such as lethal injection then just say that option is unavailable for the time being and the condemned must choose another form. There are plenty of ways to execute that are more humane than what some of these axe murdering bungholes did to their victims.

Firing Squad, Gallows, Guillotine, Axe/Sword, Electric chair, Gas Chamber to name a few. Or just ship them to china to have their organs harvested by doctors over there. Who cares what method is used, start executing these worthless air thieves! Sentenced to death doesn't mean 10 or 20 years of three hots and a cot it means you have gotta go! DIE SOON SCUMBAG! God I can't stand when people cry for the perps as if they are saints it really gets under my skin reading what antis are doing and saying.

Michael


Anyone know what's going on out there on the "left coast"?  I mean - 667 DR offenders? 


They created a special bomb, but you need 1.241 offenders that the bomb works properly...  ;D

Michael
I´m not sure if there´s a hell, but I believe in executed murderers.

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