NCJ Number
35274
Journal
NEW ENGLAND JOURNAL ON CRIMINAL LAW Volume: 2 Issue: 2 Dated: (SPRING 1976) Pages: 261-313
Date Published
1976
Length
53 pages
Annotation
MEDICAL EXPERIMENTATION ON PRISONERS IS DISCUSSED IN THE CONTEXT OF THE ETHICS OF GUIDELINES FOR EXPERIMENTATION ON HUMANS AND THE RIGHTS AND WELFARE OF PRISONERS.
Abstract
IT IS SAID THAT PRISON EXPERIMENTATION IS OFTEN SUBJECT TO LAX CONTROLS, RIDDEN WITH ABUSIVE EXPERIMENTS, AND DEVOID OF TRUE VOLUNTARINESS OF PARTICIPATION. PRISON CONDITIONS ARE SAID TO MAKE INDUCEMENTS OF POSSIBLE LENIENCY, BETTER CARE, AND MONEY EFFECTIVELY IMPOSSIBLE TO DECLINE FOR MANY PRISONERS. LACKING VOLUNTARY CONSENT, SUCH EXPERIMENTATION IS SHOWN TO BE SUBJECT TO CHALLENGE ON A VARIETY OF STATE AND FEDERAL BASES BY IMPLEMENTING CONCEPTS OF TORT, CONTRACT, AND ADMINISTRATIVE LIABILITY. POSSIBLE INFRINGEMENTS ON CONSTITUTIONAL RIGHTS ARE ALSO OUTLINED. (AUTHOR ABSTRACT MODIFIED)