NCJ Number
100545
Journal
New England Journal on Criminal and Civil Confinement Volume: 11 Issue: 2 Dated: (Summer 1985) Pages: 395-419
Date Published
1985
Length
25 pages
Annotation
This article examines the circumstances, if any, under which an inmate may have the right to die by refusing medical treatment, given state interests unique to incarceration.
Abstract
If an inmate's illness was self-inflicted, the inmate should not be allowed to die. State interests in preserving life and preventing suicide override the inmate's right to privacy, which has been limited by incarceration. Additional state interests of prison security and the duty to provide inmate care also outweigh inmate constitutional rights. If the inmate refuses treatment for a condition he/she did not cause, the right to die may be successfully invoked. The court should first determine if a nonincarcerated person with the inmate's condition would be allowed to refuse treatment according to the state interests established in Superintendent of Belchertown State School v. Saikewicz (Massachusetts, 1977). Of these interests, the preservation of life should be given the most weight. Once the court has determined that a nonincarcerated person with the inmate's condition has the right to refuse treatment, interests peculiar to incarceration should be weighed. The interest in prison security (negative effect on other inmates) would be sufficient to overcome the inmate's constitutional rights. If no security problems exist or can be foreseen, the inmate's right to privacy should prevail. 185 footnotes.