David Bourget (Western Ontario)
David Chalmers (ANU, NYU)
Rafael De Clercq
Jack Alan Reynolds
Learn more about PhilPapers
This essay exposes how recent attempts at lethal injection reform have involved unethical and illegal research on prisoners. States are varying the doses and types of drugs used, developing methods designed for non-medical professionals to administer medical procedures, and gathering data or making provisions for the gathering of data to learn from executions gone wrong. When individual prisoners are executed under these conditions, states are conducting research on them. Conducting research or experimentation on prisoners in the process of reform is problematic because it violates ethical frameworks and state laws. The Supreme Court has recently taken up the challenge of elucidating the standard for determining the constitutionality of lethal injection. If the Court suggests an approach to lethal injection reform that is akin to some of the more thoughtful and cautious approaches other courts have proposed, the Court's decision may also contravene state laws or ethical precepts regarding research with prisoners. Thus, this paper provides important limitations on the kinds of reform that may be permissible and outlines the open questions that must be addressed before it can be determined whether the risks and uncertainties involved in lethal injection can be remedied.
|Keywords||No keywords specified (fix it)|
No categories specified
(categorize this paper)
|Through your library||Only published papers are available at libraries|
Similar books and articles
Lynn Pasquerella (2002). Confining Choices: Should Inmates' Participation in Research Be Limited? Theoretical Medicine and Bioethics 23 (6):519-536.
Bernice S. Elger (2008). Research Involving Prisoners: Consensus and Controversies in International and European Regulations. Bioethics 22 (4):224–238.
Jukka Varelius (2007). Execution by Lethal Injection, Euthanasia, Organ-Donation and the Proper Goals of Medicine. Bioethics 21 (3):140–149.
Gerald Dworkin (2003). Lethal Injection, Autonomy and the Proper Ends of Medicine: A Response to David Silver. Bioethics 17 (2):212–214.
Ellyde Roko, Executioner Identities: Toward Recognizing a Right to Know Who is Hiding Beneath the Hood.
David Silver (2003). Lethal Injection, Autonomy and the Proper Ends of Medicine. Bioethics 17 (2):205–211.
Bernice S. Elger & Anne Spaulding (2010). Research on Prisoners – a Comparison Between the Iom Committee Recommendations (2006) and European Regulations. Bioethics 24 (1):1-13.
Gerald Dworkin (2002). Patients and Prisoners: The Ethics of Lethal Injection. Analysis 62 (2):181–189.
Added to index2009-01-28
Total downloads11 ( #111,437 of 1,018,146 )
Recent downloads (6 months)1 ( #65,321 of 1,018,146 )
How can I increase my downloads?