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Florida should introduce new laws TO ALLOW A MORE DIGNIFIED DEATH PROCESS FOR PRISONERS FACING EXECUTION

11/12/2017

 
A memorial service has been held today for Mike Lambrix, executed by the State of Florida on October 5, 2017. His funeral will finally be held next November 17, more than a month later after his death. Not only Mike Lambrix never got to know who his executioner was, his family had to wait that long after his cremation to bury his urn in the family cemetery plot.
This raises the question as to whether the State of Florida should introduce new robust safeguards in support of a more dignified death process. Such laws already exists for terminally ill people in other states. Shouldn't prisoners facing execution enjoy similar rights as terminally ill people?

Picture
Mike Lambrix will be part of an art exhibition "Noble is Man"
at the Center of Nobel Peace in Oslo next September 2018.
He has always maintained his innocence.
Credit Photo: Rune Eraker


What is the issue?
The current legislation in Florida does not allow prisoners on death row or any other parties to learn the identity of those participating in their executions. In particular, under the 2017 Florida Statute, article 945.10(g), Information [held by the Department of Corrections] which identifies an executioner, or any person prescribing, preparing, compounding, dispensing, or administering a lethal injection, are confidential.
It has been long argued that this law breaches any standard of decency when it comes to executions, which are carried out in somewhat absurd conditions.  As noted by the Associated Press as early as 2007:
Doctors hired to monitor and participate
in lethal injection executions wear purple "moon suits" and goggles to conceal their identities from witnesses and circumvent an American Medical Association (AMA) code that forbids participation in executions, according to the Associated Press. Though Florida and other states say the participation of medical personnel ensures "a dignified and humane death" for those facing execution, the AMA, the American Nurses Association, the American Society of Anesthesiologists, and the Florida Medical Association all disagree.

Source: Associated Press, August 26, 2007  (Read more)
Ten years down the line, the situation remains essentially the same, as testified by Mike Lambrix, at the time of his execution, who compared the process he went through to "an adventure": The physician who checked his veins was masked, whispering to others. not communicating with him directly nor disclosing his identity. Mike Lambrix never got to know whether the person who checked his veins was actually even a physician.

Whilst such process might has been qualified in the past as providing "a dignified and humane death" in the past, it is clear that Florida should now further reflect on the evolving standards of physicians assisted death that exist in other states.
What are the laws that exist in other states?

Death with Dignity laws, also known as physician-assisted dying or aid-in-dying laws are laws that provides safeguards to protect terminally ill patients and prevents misuse. For example, two physicians must confirm the patient’s residency, diagnosis, prognosis, mental competence. Whilst Death in Dignity laws exist only for terminally ill patients, they could provide inspiration for reinventing the legal framework that would allow a more dignified death process of prisoners facing execution.

Physician-assisted dying laws today already exist in
  • California (End of Life Option Act; 2016)
  • Colorado (End of Life Options Act; 2016)
  • District of Columbia (Death with Dignity Act; 2017)
  • Oregon (Oregon Death with Dignity Act; 1994/1997)
  • Vermont (Patient Choice and Control at the End of Life Act; 2013)
  • Washington (Washington Death with Dignity Act; 2008)
There is no legislative activity around Death with Dignity in Florida.


The problem of innocence in death penalty cases

8/29/2017

 
Source: The Washington Post - Read full article by Brandon Garrett here

The American death penalty has a big innocence problem, and it is not going away.(...)

Today, death sentences and executions are fading fast and one might think that we could limit the death penalty to the cases where we are sure that the person actually did it, with “it” being a murder serious enough to warrant the death penalty. Only 20 people were executed in 2016 and only 31 people were sentenced to death. Yet serious claims of innocence and unreliable evidence persist.

The evidence in death penalty cases is not always very strong. After all, in many murders, there are no surviving witnesses. Unfortunately, as a result, police sometimes cut corners to try to solve high-profile homicides, by relying on unreliable jailhouse informants or by coercing confessions from mentally ill individuals.

Read more on famous innocence cases; current claims of innocence on death row in the USA and Prisoners executed but possibly innocent

Mike Lambrix: Interview froM Australia

1/5/2016

 
Australian citizen Karen discusses the upcoming execution of her friend Mike Lambrix.
"He is a like a brother to me. It is a shock"

NEW CHALLENGE OF THE DEATH PENALTY IN FRONT OF THE us SUPREME COURT: INNOCENTS MAY BE EXECUTED

7/30/2015

 
An Oklahoma death row inmate is once again asking the Supreme Court to stop his execution. Richard Glossip is scheduled to be executed seven weeks from today.



Glossip says there are other innocent people awaiting execution across the nation. He hopes the Supreme Court takes up his case not just for him, but for them as well. 

“There’s been people who have been executed who are innocent and that’s just something we got to stop.” 

There is no timeline on when the Supreme Court can make a decision on if they will take up Glossip's case. Glossip's execution is scheduled for September 16. (Read full article on new9.com). 

Learn more:

Review some of the leading cases of innocence across the USA here

Review all the cases of death row prisoners already exonerated here

Review all the cases of prisoners who may have been executed despite serious doubts on their innocence here.

Review all the cases of innocents pardoned posthumously here

Review the most famous cases of innocence in history here


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