“For 90 Minutes, I Watched an Execution Go Horribly Awry” [Gift link!]is an unethical opinion piece. It is manipulative and an appeal to emotion, while pretending to make a persuasive argument against capital punishment using deflection and misdirection, tying three separate ethics issues together as one. The author’s methodology is to argue that killing someone can be icky. So?

The author is a criminal defense lawyer, so you might think I should cut her some slack. I won’t. It is acceptable for a lawyer to use trickery, logical fallacies and rhetorical cheats to convince a jury, because that is what defense lawyers have to do to zealously represent their clients. A newspaper’s readers, however, are not jurors. A publisher and paper’s editors should maintain journalistic standards, which demand truthful communication that is not calculated to deceive or confuse. The New York Times, however, is not an ethical newspaper, and is interested in advancing agendas, not fair and responsible punditry. Even the headline is deceitful. Her client’s execution by lethal injection was botched, but he survived. His execution was delayed for a year by the governor. She doesn’t reveal that little detail until the next to last paragraph. Surprise! The execution attempt went ‘horrible awry,” but there was no execution.

Author Maria DeLiberato is a mission lawyer, meaning that she takes cases to accomplish a personal objective, in her case, opposing the death penalty. She begins by telling us that she believes Tony Carruthers, her condemned client, was wrongly convicted. That issue is 100% irrelevant to the focus of her article, which is that executions in Tennessee (and presumably elsewhere) are often botched and excruciatingly painful as a result, making them “cruel and unusual punishment,” an 8th Amendment violation. She argues that Carruthers was innocent, which is a different ethical issue entirely. A botched execution is exactly as painful and torturous whether the condemned is guilty or not. Like a good lawyer (but an unethical writer) Carruthers pre-sets the dial to sympathy and indignation by framing Carruthers’ ordeal as an unjust one. But even a perfect, quick and painless execution of an innocent individual is wrong beyond redemption: it doesn’t become more wrong because the killing takes longer.