Individual Research Project

Presented in Partial Fulfillment of the Requirement for the

Master's of Health Science in Law Degree

Title: Organ Donation from Prison Inmates on Death Row

[Professor Campbell]

SUMMARY

This study aims at the discussion of the compulsory organs donation by the inmates of death row in the perspective of organs' demand as well as tissues for the purpose of transplantation that indicates higher as compared to supply and it leads towards the findings' that is necessity for increasing the donations. This paper supports that organs donation by death row inmates must be understood as the violation of human rights in spite of measuring to promote the social justice. It examines the scope of the human respect's principle that approach the individual competence and self determination as well as highlighting the legislation that is Utah law in the perspective of death row inmates and its vulnerability as per the international legislation. In this paper, it is found the positive feedback from some countries that are agreed upon the donation from the death row prisoners.

There is no particular reason related to medical that death row inmates cannot be appropriate for the organ donor transplantation. Those individuals are having criminal records in the past and those who are having social or medical background are presently not excluded from the donation of organ but the donors of organ are become to known as the contributor for helping the patients that have been suffering at the end stage of organ failure. The certain practices and standards must be set before practical application, but it is believed regulations can be sound as to prevent the negative consequences as discussed above. With the overwhelming shortage of organs in the United States and the voiced opinions from prisoners on death row with last wishes of doing well upon execution.

INTRODUCTION

Organ scarcity has become a major concern in the United States. Statistics show that the need is terribly great, as the number of people in need of transplants has outpaced the number of potential and willing donors. Looking to alternative methods for supplying organs to much-needed recipients, there has been a global trend towards seeking organs from untouched populations, specifically death row prison populations. Should the United States allow for this type of practice? While the benefits are rather cleared as more individuals in need of organs would have a greater chance of survival, what are the practical, moral and ethical concerns that are restricting this practice in America? What laws prevent death row inmate donation and how will it change the existing prison infrastructure in order to institute this practice? I argue that death row inmates should be allowed to donate their organs after their execution. As discussed below, based on the lack of federal law guiding this issue, the insurmountable shortage of organs in the United States, and the ultimate outweigh of benefits over the ethical and moral arguments against this potential practice make organ donations from death row inmates a logical step in American social ...