Skip to main content

Main menu

  • Home
  • Current Issue
  • Ahead of Print
  • Past Issues
  • Info for
    • Authors
    • Print Subscriptions
  • About
    • About the Journal
    • About the Academy
    • Editorial Board
  • Feedback
  • Alerts
  • AAPL

User menu

  • Alerts

Search

  • Advanced search
Journal of the American Academy of Psychiatry and the Law
  • AAPL
  • Alerts
Journal of the American Academy of Psychiatry and the Law

Advanced Search

  • Home
  • Current Issue
  • Ahead of Print
  • Past Issues
  • Info for
    • Authors
    • Print Subscriptions
  • About
    • About the Journal
    • About the Academy
    • Editorial Board
  • Feedback
  • Alerts
Research ArticleAnalysis and Commentary

The Use of Electroconvulsive Therapy on Death Row

Arya Shah, Nathaniel P. Morris, Dale E. McNiel and Renée L. Binder
Journal of the American Academy of Psychiatry and the Law Online September 2023, 51 (3) 421-430; DOI: https://doi.org/10.29158/JAAPL.230053-23
Arya Shah
Dr. Shah is a Forensic Psychiatry Fellow; Dr. Morris is an Assistant Professor of Clinical Psychiatry; Dr. McNiel is a Professor of Clinical Psychology; and Dr. Binder is a Professor of Psychiatry and Director, Psychiatry and the Law Program, University of California, San Francisco, San Francisco, CA.
MD
  • Find this author on Google Scholar
  • Find this author on PubMed
  • Search for this author on this site
Nathaniel P. Morris
Dr. Shah is a Forensic Psychiatry Fellow; Dr. Morris is an Assistant Professor of Clinical Psychiatry; Dr. McNiel is a Professor of Clinical Psychology; and Dr. Binder is a Professor of Psychiatry and Director, Psychiatry and the Law Program, University of California, San Francisco, San Francisco, CA.
MD
  • Find this author on Google Scholar
  • Find this author on PubMed
  • Search for this author on this site
Dale E. McNiel
Dr. Shah is a Forensic Psychiatry Fellow; Dr. Morris is an Assistant Professor of Clinical Psychiatry; Dr. McNiel is a Professor of Clinical Psychology; and Dr. Binder is a Professor of Psychiatry and Director, Psychiatry and the Law Program, University of California, San Francisco, San Francisco, CA.
PhD
  • Find this author on Google Scholar
  • Find this author on PubMed
  • Search for this author on this site
Renée L. Binder
Dr. Shah is a Forensic Psychiatry Fellow; Dr. Morris is an Assistant Professor of Clinical Psychiatry; Dr. McNiel is a Professor of Clinical Psychology; and Dr. Binder is a Professor of Psychiatry and Director, Psychiatry and the Law Program, University of California, San Francisco, San Francisco, CA.
MD
  • Find this author on Google Scholar
  • Find this author on PubMed
  • Search for this author on this site
  • Article
  • Figures & Data
  • Info & Metrics
  • PDF
Loading

Article Figures & Data

Tables

    • View popup
    Table 1

    Ethics Guidelines for the Treatment of Individuals Sentenced to Death

    OrganizationGuideline
    American Medical Association (AMA)“No physician should be compelled to participate in the process of establishing a prisoner’s competence or be involved with treatment of an incompetent, condemned prisoner if such activity is contrary to the physician’s personal beliefs. Under those circumstances, physicians should be permitted to transfer care of the prisoner to another physician.”82
    American Psychiatric Association (APA)“Physicians should not determine legal competence to be executed. A physician’s medical opinion should be merely one aspect of the information taken into account by a legal decision maker such as a judge or hearing officer. When a condemned prisoner has been declared incompetent to be executed, physicians should not treat the prisoner for the purpose of restoring competence unless a commutation order is issued before treatment begins. The task of reevaluating the prisoner should be performed by an independent physician examiner. If the incompetent prisoner is undergoing extreme suffering as a result of psychosis or any other illness, medical intervention intended to mitigate the level of suffering is ethically permissible. No physician should be compelled to participate in the process of establishing a prisoner’s competence or be involved with treatment of an incompetent, condemned prisoner if such activity is contrary to the physician’s personal beliefs. Under those circumstances, physicians should be permitted to transfer care of the prisoner to another physician.”5
    World Medical Association (WMA)“RESOLVED, that it is unethical for physicians to participate in capital punishment, in any way, or during any step of the execution process, including its planning and the instruction and/or training of persons to perform executions.”83
    World Psychiatric Association (WPA)“Under no circumstances should psychiatrists participate in legally authorized executions nor participate in assessments of competency to be executed.”43
PreviousNext
Back to top

In this issue

Journal of the American Academy of Psychiatry and the Law Online: 51 (3)
Journal of the American Academy of Psychiatry and the Law Online
Vol. 51, Issue 3
1 Sep 2023
  • Table of Contents
  • Index by author
Print
Download PDF
Article Alerts
Sign In to Email Alerts with your Email Address
Email Article

Thank you for your interest in recommending The Journal of the American Academy of Psychiatry and the Law site.

NOTE: We only request your email address so that the person you are recommending the page to knows that you wanted them to see it, and that it is not junk mail. We do not capture any email address.

Enter multiple addresses on separate lines or separate them with commas.
The Use of Electroconvulsive Therapy on Death Row
(Your Name) has forwarded a page to you from Journal of the American Academy of Psychiatry and the Law
(Your Name) thought you would like to see this page from the Journal of the American Academy of Psychiatry and the Law web site.
CAPTCHA
This question is for testing whether or not you are a human visitor and to prevent automated spam submissions.
Citation Tools
The Use of Electroconvulsive Therapy on Death Row
Arya Shah, Nathaniel P. Morris, Dale E. McNiel, Renée L. Binder
Journal of the American Academy of Psychiatry and the Law Online Sep 2023, 51 (3) 421-430; DOI: 10.29158/JAAPL.230053-23

Citation Manager Formats

  • BibTeX
  • Bookends
  • EasyBib
  • EndNote (tagged)
  • EndNote 8 (xml)
  • Medlars
  • Mendeley
  • Papers
  • RefWorks Tagged
  • Ref Manager
  • RIS
  • Zotero

Share
The Use of Electroconvulsive Therapy on Death Row
Arya Shah, Nathaniel P. Morris, Dale E. McNiel, Renée L. Binder
Journal of the American Academy of Psychiatry and the Law Online Sep 2023, 51 (3) 421-430; DOI: 10.29158/JAAPL.230053-23
del.icio.us logo Twitter logo Facebook logo Mendeley logo
  • Tweet Widget
  • Facebook Like
  • Google Plus One

Jump to section

  • Article
    • Abstract
    • The Use of ECT in Jails and Prisons
    • ECT as a Defense in Capital Cases
    • The Use of ECT on Death Row
    • Clinical, Legal, and Ethics Considerations
    • Future Directions
    • Conclusion
    • Footnotes
    • References
  • Figures & Data
  • Info & Metrics
  • PDF

Related Articles

Cited By...

More in this TOC Section

  • Toward Aspirational Forensic Mental Health Practice
  • Ethics Challenges in Correctional Mental Health
  • Methamphetamine-Associated Psychosis and Criminal Responsibility
Show more Analysis and Commentary

Similar Articles

Keywords

  • correctional psychiatry
  • death penalty
  • electroconvulsive therapy

Site Navigation

  • Home
  • Current Issue
  • Ahead of Print
  • Archive
  • Information for Authors
  • About the Journal
  • Editorial Board
  • Feedback
  • Alerts

Other Resources

  • Academy Website
  • AAPL Meetings
  • AAPL Annual Review Course

Reviewers

  • Peer Reviewers

Other Publications

  • AAPL Practice Guidelines
  • AAPL Newsletter
  • AAPL Ethics Guidelines
  • AAPL Amicus Briefs
  • Landmark Cases

Customer Service

  • Cookie Policy
  • Reprints and Permissions
  • Order Physical Copy

Copyright © 2025 by The American Academy of Psychiatry and the Law