why can't death row inmates donate organs

by Maria Weimann 6 min read

While, the general prison population is allowed to donate organs, those on the death row are not, again as Dieter emphasizes because of the complicated issues that arise from this. For example, there is the possibility that allowing inmates to donate organs could lead jurors issuing more, and unnecessary death sentences.

The primary obstacle for organ donation from executed prisoners is that they do not die (brain-death) on life support, as is typical for most organ donors. The most common method of execution in the United States is a three drug protocol to cause sedation, respiratory and circulatory arrest.

Full Answer

Should the United States accept organ donations from death row inmates?

Mar 06, 2011 · Because UNOS is the only organization ever to manage the OPTN and to facilitate the organ matching and donation process in the United States, their stance on the issue is very important, and probably one of the main reasons that all states currently prohibit procurement from death row prisoners and do not allow these prisoners to donate after their deaths even if …

Why don't we transplant organs from prisoners?

Dec 22, 2021 · Some death row inmates have tried to donate organs while living. Delaware brothers Steven and Nelson Shelton were both sentenced to death for beating a man to death following hours of drinking in 1992. First, Nelson requested to donate a kidney to his mother, but they were found to be incompatible, and he was executed in 1995.

Does cardiac arrest time affect the quality of organ donation?

Issues of informed consent of potential donors as well as recipients need to be addressed. Obviously a person condemned to death cannot consider organ or bone marrow donation as a coercion-free option. Even a death row inmate should have the option of refusing an invasive surgical procedure--although unlikely, given the alternative.

Why can’t an organ be recovered from an executed person?

May 18, 2005 · Death Row Inmate Can’t Donate Organs — Too Expensive. Michael Demmons points us to the interesting case of Gregory Scott Johnson, an Indiana death row inmate who wants to donate his liver to ...

Why don't we harvest the organs of death row inmates?

An unfortunate side effect of hanging or poisoning a man is that his organs go sour before they can be transplanted. Death-row inmates have repeatedly asked to donate their organs, but their requests are always denied. The simple reason is that execution generally ruins organs before they can be harvested.Feb 14, 2008

Can people on death row give organs?

The National Organ Transplant Act of 1984 prohibits organ donation made for “valuable consideration,” such as leniency in sentencing. ... Thus far, no state has passed a law allowing death row inmates to donate their organs for general use upon their death.Apr 1, 2012

Can prisoners donate organs in the US?

The U.S. Department of Prisons prohibits donating organs posthumously, and individual states typically don't allow the practice.Dec 22, 2021

What disqualifies you from receiving an organ?

Certain conditions, such as having HIV, actively spreading cancer, or severe infection would exclude organ donation. Having a serious condition like cancer, HIV, diabetes, kidney disease, or heart disease can prevent you from donating as a living donor.Feb 13, 2022

Can felons be organ donors?

As living donors There is no law against prisoner organ donation; however, the transplant community has discouraged use of prisoner's organs since the early 1990s due to concern over prisons' high-risk environment for infectious diseases.

Can California death row inmates donate organs?

Several years ago, I discovered that The California Department of Corrections (CDCR) did not have a legal policy in place by which state prisoners, regardless of their offenses, could legally freely donate organs and tissues to their biological family members.Jan 6, 2021

Is it ethical to donate organs?

Major ethical concerns about organ donation by living related donors focus on the possibility of undue influence and emotional pressure and coercion. By contrast, the living unrelated donor lacks genetic ties to the recipient.

Can prisoners have phones?

In most jurisdictions, prison inmates are forbidden from possessing mobile phones due to their ability to communicate with the outside world and other security issues. Mobile phones are one of the most smuggled items into prisons.

Can California death row inmates donate their organs?

Several years ago, I discovered that The California Department of Corrections (CDCR) did not have a legal policy in place by which state prisoners, regardless of their offenses, could legally freely donate organs and tissues to their biological family members.Jan 6, 2021

Should condemned prisoners receive organ transplants?

Their paper reasons that most criminals are not sentenced to death but are expected to return to society and be deemed worthy of being treated like others. Thus justice dictates that a person's status as a prisoner should not preclude him from consideration for a transplant.

Is it ethical to donate organs?

Major ethical concerns about organ donation by living related donors focus on the possibility of undue influence and emotional pressure and coercion. By contrast, the living unrelated donor lacks genetic ties to the recipient.

Can inmates donate organs Canada?

Donors are also excluded if they have had a recent tattoo or piercing, are an inmate of a correctional facility, or have hemophilia and have received blood products. "Everyone can be considered for organ donation in Canada," Saindon wrote.Jan 18, 2008

Rationale for Deliberation

As the scarcity of suitable organs for transplantation continues to grow, alternative sources for organs have been reported and others suggested. One such suggestion is to recover organs that would otherwise seem to go to waste, such as those from condemned prisoners.

Conclusion

The UNOS Ethics Committee has raised a small number of the many issues regarding organ donation from condemned prisoners. The Committee opposes any strategy or proposed statute regarding organ donation from condemned prisoners until all of the potential ethical concerns have been satisfactorily addressed.

When did the United Network for Organ Sharing Ethics Committee issue a statement?

In a discussion document issued in 1998 , the United Network for Organ Sharing Ethics Committee says it “opposes any strategy or proposed statute regarding organ donation from condemned prisoners until all of the potential ethical concerns have been satisfactorily addressed.”

Which amendment protects prisoners from cruel and unusual punishment?

But, say prison rights advocates and some academics, a line of cases establishes that the Eighth Amendment protection against cruel and unusual punishment governs access to health care. Indeed, in 1976, the U.S. Supreme Court ruled in Estelle v. Gamble that a state could not bar prisoners from access to medical care.

Is prison a high risk population?

The prison population has a higher risk factor for HIV and other transmittable diseases.Prisoners tend to be high-risk people, ” says Caplan. “They have a lot of infectious diseases. They are not the best population for healthy organs. Prisoners tend to be in bad shape.

Can prisoners donate organs?

Prison rights advocates say that while prisoners should not be donating their organs as a general rule, there may be occasions, such as when a close relative is in need, when the procedure should be permitted.

Can you donate organs to death row?

Thus far, no state has passed a law allowing death row inmates to donate their organs for general use upon their death. Nor does the Federal Bureau of Prisons permit death row inmates to donate organs upon death. Richard Dieter, executive director of the Washington, D.C.-based Death Penalty Information Center, does not believe ...

Who was the man who murdered his wife and three children?

Over a decade ago in Oregon, Christian Longo brutally murdered his wife and three children, dumped their bodies in the coast, and then went on the run where he then stole the identity of Michael Finkel, a New York Times journalist. After being placed on the FBI Most Wanted list, he was caught months later, and was eventually served a death sentence by lethal injection. Before his execution, Longo wanted to make the most of the rest of his life and decided that he wanted to donate his organs. He was even willing to give up the appeals on his death sentence to donate his organs, but he was denied repeatedly. He went on to create the organization Gifts of Anatomical Value from Everyone (G.A.V.E) to allow inmates on death row, along with others who were prevented to donate their organs, to do so. However, currently, no state allows death row prisoners to donate their organs to people in need, despite the hundreds of thousands of people on the organ transplant waiting list.

Can prisoners donate organs?

While, the general prison population is allowed to donate organs, those on the death row are not, again as Dieter emphasizes because of the complicated issues that arise from this. For example, there is the possibility that allowing inmates to donate organs could lead jurors issuing more, and unnecessary death sentences.