Inmates ahead of Law-Abiding Citizens
A Review of the Literature
Organs that are used for transplants are a limited resource and they have become a necessity for more than one hundred thousand people in the Unites States according to the Donate Life Foundation website. Over the years many states have granted inmates the opportunity to be placed on the organ transplant list and there has been much controversy behind the idea. Due to the fact that the organ supply is so scares, many people believe that inmates in need should not be put ahead of any law-abiding or that they should not have the option of being placed on the transplant waiting list for that manner. On the other it can be argues that it is unethical not to treat the inmates that are in need of this procedure. Prisoners are entitled to constitutional rights even when they are incarcerated. The following literature review will contemplate whether inmates should be allowed to be placed on the organ transplant waiting list by answering the following set of questions:
This poll was conducted by Eric M. Meslin, Ph.D for a recent case of a death row inmate whose request to donate his liver to his sister. The case gained national attention for social issues it raised
Is denying a prisoner the right to an organ transplant unconstitutional?
According to the Houston Journal of Law & Policy, it can be argued that not giving an inmate the proper health care need is unconstitutional due to the Eighth Amendment. This amendment states that one should be free from cruel and unusual punishment. If the inmate shows a serious medical need for the transplant they have the right to be granted an organ transplant. Dr. Hiram Licon believes that inmates have the right to receive an organ transplant because they are paying there crime by already being incarcerated and that they should not be denied the right to proper health care. “We have laws in that grant these inmates proper health care” said Dr. Licon. This ordeal has led to added pressure on the doctors of the inmates in need of this procedure. The conclusion has been that doctors should be required to provide adequate proof that the inmate is in genuine need of a transplant in order to receive the proper treatment. In contrast, if the proper actions aren’t taken in this type of situations the health care provider may be faced with a lawsuit for not providing the proper care for the inmate, which can eventually lead to the violation of the inmate’s constitutional rights. Inmates are authorized to receive treatment for any long-term and short-term illnesses which include the right to an organ transplant. Inmates hold the right to fill a law suit against the prison system if they feel that they are being mistreated or if they feel that they are not receiving the proper medical care by the prison. There have been cases in the United States in which prison doctors have been found guilty of not proving the proper care for inmates which essential lead to the declaration that the doctors had violated the inmates Eighteenth Amendment rights. For example, in 1996, the United States Court of Appeals for the Eighth Circuit squarely faced an issue of post-transplant care for inmates in Miller v. Schoeneri. Miller (the inmate involved in the case) was found to have enough evidence that he was not receiving the proper medication for a heart transplant that he had received before being incarcerated. The court found the doctor guilty of violating Millers Eighteenth amendment rights. Doctors that are involved in the prison system have to be aware of the fine line that they face when dealing with inmates that have medical needs such as an organ transplant. On the other hand, members of the Justice for All foundation believe that it is unconstitutional based on the fact that we would put prisoners that have not contributed anything to society ahead of hardworking citizens that are not even on the list because they are unable to afford health insurance.
Should our Government assign organs based on a person’s social worth?
People that are on the waiting list for an organ transplant may feel that they are more worthy to receive an organ transplant than a prisoner that has committed a felony. Though this research, there has been an encounter with people that have a strong opinion that inmates do not deserve the right to receive an organ transplant because they are not socially worthy of it. In the paper the meaning of social worth is the contributions that people have made to their surrounding societies. Its main focus is on whether their contributions have been positive or negative to society. In 1884 Congress passed National Organ Transplant Act in which a mission was dispensed to justifiably distribute all organs throughout the United States. Though this act many organizations decided not take status or social worth into consideration for those who are awaiting an organ transplant. The United Network of Organ Sharing (UNOS) is an organization that only focuses on the medical status of a patient and not who they are or what they have done in the past. While the list of requirements to be placed on the UNOS list is very extensive, the status of an inmate’s social standing is not one of them. Some of the requirements are a doctor’s evaluations and medical records, not a background check or your prison history. People that object to the matter of these inmates receiving transplants claim that prisoners have lost their rights of this procedure because of the crimes they have committed. Inmates that find themselves in the correctional system are still considered citizens of the United States.
Do inmates have the ability to conduct the up keep of an organ transplant?
In looking at all the factors that surround this social issue, it was important to also be aware of the long term issues that come with organ transplants. When receiving an organ transplant you must abstain from drugs, alcohol, and certain medications. There are also many medications that must be taken when receiving in organ transplant that are expensive. In an interview with Dr. Hiram Licon, former head doctor at La Tuna Correctional Facility brought up the issue that many inmates have been or are drug addicts and alcoholics. Although these substances are not allowed in the prison many prisoners find a way to get them. “We see many inmates that have a history of substance abuse which may have an effect on the upkeep of an organ transplant if they were to receive one” said Dr. Licon. If an inmate was to receive the transplant the government would have to pay for the inmate’s medication and other treatments that would be needed after the transplant. Another issue that was brought uo in the interview was that people had a problem with paying for the medications for inmates that had received organ transplants. Dr, Licon also stated, “There were many cases where we had people protest because citizens believed that there tax money should not go towards paying for treatments for the inmates. Although I understand why people have this sort of reaction we cannot forget about the laws that have been set in this country. These inmates have broken the law in a sort of manner and that is why they are in a prison. It would be immoral not to treat these patients with the proper medication if they were to receive an organ transplant.” Dr, Licon may have this opinion over the issue but the protesters that would gather outside of the prison where he worked at had a different point of view.
Through this Literature Review we have come across different opinions from different people that are involved with this social issue. The review was intending to expose both sides of the issue and to remain unbiased while doing so. Although there are many approaches to dealing with this topic, the research shows that there are many ways to deal with this problem. There is no real solution to this problem quite yet because of the many opinions that are involved. While there is more research to be done over this dilemma, this issue must be taken step by step and it must be put in the right hands.
References
Cline, A., (Not Given). Should Condemned Prisoners Receive Organ Transplants?
Retrieved from http://atheism.about.com/library/FAQs/phil/blphil_ethbio_deathtrans.htm
Licon, H. (2012,October 29). Telephone Interview
McKinney E.B., J.D., Ph.D.,Winslade W.J., Ph.D., J.D., Howard Stone T., J.D., LL.M. (2009). OFFENDER ORGAN TRANSPLANTS: LAW, ETHICS, ECONOMICS, AND HEALTH POLICY. Houston Journal of Health Law & Policy, 39-69
N/A, (Not Given). Rights of Inmates. Retrieved from http://civilrights.findlaw.com/other- constitutional-rights/rights-of-inmates.html
N/A. (Not Given) Statistics, Retrieved from http://donatelife.net/understanding donation/statistics/ Perry D. L., (Not Given). Should Violent Felons Receive Organ Transplants? Retrieved from http://www.scu.edu/ethics/publications/submitted/Perry/transplant.html
Robinson B. (2012). Death-Row Inmate Seeks Organ Transplant. Retrieved from http://abcnews.go.com/US/story?id=90611&page=1#.UII6msVfBJN
Wright, J. (1998). Medically Necessary Organ Transplants for Prisoners: Who is Responsible for Payment?. Boston College Law Review, volume 39, Article 5
A Review of the Literature
Organs that are used for transplants are a limited resource and they have become a necessity for more than one hundred thousand people in the Unites States according to the Donate Life Foundation website. Over the years many states have granted inmates the opportunity to be placed on the organ transplant list and there has been much controversy behind the idea. Due to the fact that the organ supply is so scares, many people believe that inmates in need should not be put ahead of any law-abiding or that they should not have the option of being placed on the transplant waiting list for that manner. On the other it can be argues that it is unethical not to treat the inmates that are in need of this procedure. Prisoners are entitled to constitutional rights even when they are incarcerated. The following literature review will contemplate whether inmates should be allowed to be placed on the organ transplant waiting list by answering the following set of questions:
- Do inmates have the right to receive organ transplants?
- Is denying a prisoner the right to be placed on the organ transplant list unconstitutional?
- Should our Government assign organs based on a person’s social worth?
- Do inmates have the ability to conduct the up keep of an organ transplant?
- Do inmates have the right to receive organ transplants?
This poll was conducted by Eric M. Meslin, Ph.D for a recent case of a death row inmate whose request to donate his liver to his sister. The case gained national attention for social issues it raised
Is denying a prisoner the right to an organ transplant unconstitutional?
According to the Houston Journal of Law & Policy, it can be argued that not giving an inmate the proper health care need is unconstitutional due to the Eighth Amendment. This amendment states that one should be free from cruel and unusual punishment. If the inmate shows a serious medical need for the transplant they have the right to be granted an organ transplant. Dr. Hiram Licon believes that inmates have the right to receive an organ transplant because they are paying there crime by already being incarcerated and that they should not be denied the right to proper health care. “We have laws in that grant these inmates proper health care” said Dr. Licon. This ordeal has led to added pressure on the doctors of the inmates in need of this procedure. The conclusion has been that doctors should be required to provide adequate proof that the inmate is in genuine need of a transplant in order to receive the proper treatment. In contrast, if the proper actions aren’t taken in this type of situations the health care provider may be faced with a lawsuit for not providing the proper care for the inmate, which can eventually lead to the violation of the inmate’s constitutional rights. Inmates are authorized to receive treatment for any long-term and short-term illnesses which include the right to an organ transplant. Inmates hold the right to fill a law suit against the prison system if they feel that they are being mistreated or if they feel that they are not receiving the proper medical care by the prison. There have been cases in the United States in which prison doctors have been found guilty of not proving the proper care for inmates which essential lead to the declaration that the doctors had violated the inmates Eighteenth Amendment rights. For example, in 1996, the United States Court of Appeals for the Eighth Circuit squarely faced an issue of post-transplant care for inmates in Miller v. Schoeneri. Miller (the inmate involved in the case) was found to have enough evidence that he was not receiving the proper medication for a heart transplant that he had received before being incarcerated. The court found the doctor guilty of violating Millers Eighteenth amendment rights. Doctors that are involved in the prison system have to be aware of the fine line that they face when dealing with inmates that have medical needs such as an organ transplant. On the other hand, members of the Justice for All foundation believe that it is unconstitutional based on the fact that we would put prisoners that have not contributed anything to society ahead of hardworking citizens that are not even on the list because they are unable to afford health insurance.
Should our Government assign organs based on a person’s social worth?
People that are on the waiting list for an organ transplant may feel that they are more worthy to receive an organ transplant than a prisoner that has committed a felony. Though this research, there has been an encounter with people that have a strong opinion that inmates do not deserve the right to receive an organ transplant because they are not socially worthy of it. In the paper the meaning of social worth is the contributions that people have made to their surrounding societies. Its main focus is on whether their contributions have been positive or negative to society. In 1884 Congress passed National Organ Transplant Act in which a mission was dispensed to justifiably distribute all organs throughout the United States. Though this act many organizations decided not take status or social worth into consideration for those who are awaiting an organ transplant. The United Network of Organ Sharing (UNOS) is an organization that only focuses on the medical status of a patient and not who they are or what they have done in the past. While the list of requirements to be placed on the UNOS list is very extensive, the status of an inmate’s social standing is not one of them. Some of the requirements are a doctor’s evaluations and medical records, not a background check or your prison history. People that object to the matter of these inmates receiving transplants claim that prisoners have lost their rights of this procedure because of the crimes they have committed. Inmates that find themselves in the correctional system are still considered citizens of the United States.
Do inmates have the ability to conduct the up keep of an organ transplant?
In looking at all the factors that surround this social issue, it was important to also be aware of the long term issues that come with organ transplants. When receiving an organ transplant you must abstain from drugs, alcohol, and certain medications. There are also many medications that must be taken when receiving in organ transplant that are expensive. In an interview with Dr. Hiram Licon, former head doctor at La Tuna Correctional Facility brought up the issue that many inmates have been or are drug addicts and alcoholics. Although these substances are not allowed in the prison many prisoners find a way to get them. “We see many inmates that have a history of substance abuse which may have an effect on the upkeep of an organ transplant if they were to receive one” said Dr. Licon. If an inmate was to receive the transplant the government would have to pay for the inmate’s medication and other treatments that would be needed after the transplant. Another issue that was brought uo in the interview was that people had a problem with paying for the medications for inmates that had received organ transplants. Dr, Licon also stated, “There were many cases where we had people protest because citizens believed that there tax money should not go towards paying for treatments for the inmates. Although I understand why people have this sort of reaction we cannot forget about the laws that have been set in this country. These inmates have broken the law in a sort of manner and that is why they are in a prison. It would be immoral not to treat these patients with the proper medication if they were to receive an organ transplant.” Dr, Licon may have this opinion over the issue but the protesters that would gather outside of the prison where he worked at had a different point of view.
Through this Literature Review we have come across different opinions from different people that are involved with this social issue. The review was intending to expose both sides of the issue and to remain unbiased while doing so. Although there are many approaches to dealing with this topic, the research shows that there are many ways to deal with this problem. There is no real solution to this problem quite yet because of the many opinions that are involved. While there is more research to be done over this dilemma, this issue must be taken step by step and it must be put in the right hands.
References
Cline, A., (Not Given). Should Condemned Prisoners Receive Organ Transplants?
Retrieved from http://atheism.about.com/library/FAQs/phil/blphil_ethbio_deathtrans.htm
Licon, H. (2012,October 29). Telephone Interview
McKinney E.B., J.D., Ph.D.,Winslade W.J., Ph.D., J.D., Howard Stone T., J.D., LL.M. (2009). OFFENDER ORGAN TRANSPLANTS: LAW, ETHICS, ECONOMICS, AND HEALTH POLICY. Houston Journal of Health Law & Policy, 39-69
N/A, (Not Given). Rights of Inmates. Retrieved from http://civilrights.findlaw.com/other- constitutional-rights/rights-of-inmates.html
N/A. (Not Given) Statistics, Retrieved from http://donatelife.net/understanding donation/statistics/ Perry D. L., (Not Given). Should Violent Felons Receive Organ Transplants? Retrieved from http://www.scu.edu/ethics/publications/submitted/Perry/transplant.html
Robinson B. (2012). Death-Row Inmate Seeks Organ Transplant. Retrieved from http://abcnews.go.com/US/story?id=90611&page=1#.UII6msVfBJN
Wright, J. (1998). Medically Necessary Organ Transplants for Prisoners: Who is Responsible for Payment?. Boston College Law Review, volume 39, Article 5