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OPINION

Tom Campbell: It’s time to stop executing people

Sunday, April 19, 2009
(Updated 3:00 am)

The arguments for and against capital punishment have gone on long enough. Having once been a supporter of the death penalty, I now believe it is time to abolish this practice. The arguments in favor of abolishment begin with the current conflict and end with the Ten Commandments.

North Carolina hasn’t executed a prisoner since August 2006, because of a controversy raised by the N.C. Medical Board. State law requires that a licensed physician be present for executions, but the board threatened to punish any doctor who administered, supervised or even gave verbal instructions for lethal injections, citing the “do no harm” provision of the Hippocratic Oath as substantiation for its position.

Doctors en masse refused to participate, effectively instituting what the legislature had been unable to do, namely create a de facto moratorium on executions. Since that time, the legislature has either been unable or unwilling to pass laws that would clarify the issue, a stalemate that is unlikely to be resolved.

There are other reasons for abolishment. The long-held belief that capital punishment is a deterrent for folks to create capital crimes hasn’t been conclusively proved. Proponents of the death penalty say there is no evidence we ever executed an innocent person and, while that is true, there is plenty of evidence that the trial process has been flawed by prosecutors, defense attorneys, witnesses and wrongful trial proceedings. Since 2000, five people on death row have been acquitted of the execution penalty that put them in prison and only two of the 59 prisoners who had their cases retried were again sentenced to death. The appeals process is lengthy and costly. One fact clearly established is that it costs the state less to house a prisoner for life than to go all the way through to execution.

When our lawmakers passed a law banning the execution of mentally ill persons in 2001, they also aided the abolishment argument. This law gave district attorneys the option of seeking life in prison without parole for defendants in murder cases, ensuring that those convicted of the most heinous crimes could not be set free.

For whatever reason, the  public appears to be changing its stance on capital punishment. A recent Elon University poll found 58 percent favoring the death penalty, down from 64 percent in 2005. More telling, however, was the fact that fewer than one-half (48 percent) said it was the most appropriate punishment for first-degree murder.

Many opponents of the death penalty cite the Ten Commandments’ “Thou shalt not kill” as a basis for their opposition, but this might not be well-founded. Dr. James “Mickey” Efird, a retired professor in Duke Divinity School, says that’s not what the original language says. The correct translation is that we are not to commit “unlawful” murder. War and capital punishment were not considered unlawful to the Hebrews in the Old Testament. Their “eye for an eye, tooth for a tooth” prescription for punishment called for executing those who killed. Opposition on this basis isn’t valid.

Maybe opponents of capital punishment knew they would eventually wear us down. Maybe not. But it is time to put our energies into resolving our financial crisis, our mental health mess and our school dropout rates, and to write the obituary for the death penalty.

The writer is former assistant North Carolina state treasurer and is creator/host of “NC SPIN,” a weekly television discussion of  state issues airing Sundays at 6:30 a.m. on WFMY (Channel 2). Contact him at www.ncspin.com.
 

Comments

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KHAYES7356

April 19, 2009 - 10:00 am EDT

My hope is that his job as state treasurer was more accurate than the information in the OpEd piece. There is one major point that should be noted. This is the two paragraphs involving the medical personnel. The reason why the doctors have stopped their role is extortion, pure and simple. Why should any doctor not quit, if they are going to be faced with years of litigation and having their careers drug through the mud. Even if the doctors win their case, they lose. Maybe it is time to look at the board.

“There are other reasons for abolishment.” This is just a litany of the anti-death penalty position, even if it does not make any sense at all. There are studies on deterrence that “prove” it both ways. Which proves nothing! How many people are going to honestly get up and say, “I was going to kill someone, but did not because of the death penalty?” Next thing they know they are under investigation for everything.

Panacea

April 19, 2009 - 2:03 pm EDT

The Board of Medicine is well within its rights to set ethical standards for physicians. The Board is quite right. Medicine does not need to tacitly condone execution by having a physician on hand to make sure it is "humane." Taking a life is never humane.

Don't get me wrong. I support capital punishment. But I don't delude myself into thinking it's humane, nor do I delude myself into thinking it is a deterrent. It punishes an individual for an individual crime. No more no less.

But whether it's execution or torture, having a physician on hand to make things "humane" in something that is never humane serves only to cloud the acts in smoke. Medicine is right not to sully itself with such things.

It's the Legislature's problem that the Medical Board stands by the ethics of its profession, "DO NO HARM."

If the Legislature can't step up to solve their dilemma, that's not the problem of doctors.

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