Biological Sacrifice - Warped Attempts at Justice (From Ethics, Public Policy, and Criminal Justice, P 245-256, 1982, Frederick Elliston and Norman Bowie, eds. - See NCJ-86248)

• NCJ Number: 86262
• Author(s): R P Mahoney
• Date Published: 1982
• Length: 12 pages
• Sale Source: Oelgeschlager, Gunn and Hain Publishers, Inc
• Language: English
• Country: United States of America

Annotation

The taking or extracting of an offender's body parts or tissues as a condition for a particular sentence is discriminatory, may constitute cruel and unusual punishment, and is not related to rehabilitation goals.

Abstract

Some judges have made offender blood donations a condition for receiving particular sentences. This is often prescribed in lieu of a fine which the offender may not be able to afford. Such a sentence is discriminatory in that it excludes persons who cannot make such donations for health reasons. Further, the giving of blood is not clearly a punishment related to a crime nor does it have any clear rehabilitation goals. Some have proposed that sex offenders be castrated, believing that this will biologically eliminate criminal sexual behavior. Besides having no empirical evidence that castration eliminates criminal sexual behavior, such a practice would probably be successfully challenged under the eighth amendment's prohibition of cruel and unusual punishment. The giving of body organs for the benefit of another has also been suggested as a possible sentencing condition. This can be criticized on the same basis as blood donations, with the added consequence that the offender may have subsequent health complications because of the biological sacrifice. Thirty-two notes are listed.