Hide Behind the Protocol
This morning I read a strange piece of news from Tennessee. The state had tried to execute a woman by lethal injection. Two doses of pentobarbital had been administered, yet she was still alive. Eventually the execution was abandoned and she was taken to hospital.
My first reaction was not particularly philosophical. It was simply: How can you possibly fail at this?
Whatever one thinks about capital punishment, human beings have been remarkably successful at killing one another for thousands of years. There are certainly simpler ways of doing it. Yet somewhere along the way we decided that a modern state should not merely execute a person. It should execute a procedure.
That distinction is more important than it first appears.
An execution by firing squad makes the nature of the act rather difficult to misunderstand. People aim weapons at another person and kill them. Lethal injection transforms the same intention into something resembling a medical procedure. There is a bed, an intravenous line, chemicals, dosages, monitoring and a protocol. The violence has not disappeared. It has acquired administration.
This creates a peculiar problem. Procedures work wonderfully until reality does something that was not anticipated by the person who wrote them.
In Tennessee, the prescribed doses were administered, but the prisoner remained alive. At some point the protocol simply ran out of instructions. The procedure had reached its end. The person had not.