Defending People

the tao of criminal-defense trial lawyering

Doctor Emmette Flynn: Befehl ist Befehl.

I had marked, in Google Reader, this Sim­ple Jus­tice post about a guy in Utah who was invol­un­tar­ily catheter­ized by nurses at San­pete County Hos­pi­tal on orders of the police.

Catheter­iz­ing some­one may be worse than what Emmette Flynn did on gov­ern­ment orders, proc­to­scop­ing an unwill­ing patient. An igno­rant doc­tor might think that retriev­ing crack cocaine from the patient’s rec­tum was med­ically ben­e­fi­cial, despite the fact that crack cocaine is not water-soluble, in a way that stick­ing a tube up a guy’s ure­thra is not.

But the med­ical ethics of either sit­u­a­tion are clear: when the com­pe­tent patient refuses to con­sent to some treat­ment, you don’t do it, whether it would ben­e­fit him or not.

Flynn’s and the nurses’ only defense is that they were act­ing on gov­ern­ment orders. This defense was rejected for the doc­tors at Nurem­berg. Surely it couldn’t work for the San­pete County Hos­pi­tal nurses or Dr. Flynn in San Angelo?

Emmette Flynn: Fol­low­ing Orders

Sadly, yes. Yes it could.

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About The Author

Mark Bennett got his letter of marque from the Supreme Court of Texas in May 1995. He is famous for having no sense of humor when it comes to totalitarianism.

Comments

One Response to “Doctor Emmette Flynn: Befehl ist Befehl.”

  1. Ron in Houston says:

    I’ll bet if Stan­ley Mil­gram were still around, he wouldn’t be very sur­prised. I often add the word “Nazi” to things when peo­ple exhibit this sort of behav­ior. Although, with some of these peo­ple, I won­der if I’m giv­ing the word “Nazi” a bad name.

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