NCJ Number
41005
Journal
New England Journal on Prison Law Volume: 1 Issue: 2 Dated: (FALL 1974) Pages: 220-243
Date Published
1975
Length
24 pages
Annotation
THIS ARTICLE EXPLORES THE LEGAL RAMIFICATIONS OF DRUG TESTING ON PRISONERS.
Abstract
BEFORE DRUGS MAY BE SAFELY ADMINISTERED TO THE MASSES, THEY MUST UNDERGO VARIOUS STAGES OF TESTING, INCLUDING TESTING UPON HUMAN SUBJECTS, TO INSURE THE SECURITY OF OUR NATIONAL HEALTH. PRISONS, WITH THEIR EASILY CONTROLLED ENVIRONMENT, HAVE PROVEN TO BE ONE OF THE PRIME CHOICES FOR THIS TESTING. MOST RECENTLY, IT HAS BEEN ARGUED THAT PRISONS ARE SO INHERENTLY COERCIVE THAT IT WOULD BE VIRTUALLY IMPOSSIBLE FOR ANY INMATE TO GIVE HIS CONSENT FROM AN INFORMED POSITION. SEVERAL STATES AND THE FEDERAL GOVERNMENT, RECOGNIZING THIS CONCEPT, HAVE EITHER PASSED OR ARE CONSIDERING LEGISLATION IN THIS AREA. THE FEDERAL BILL IS ADEQUATE FOR THOSE TO WHOM IT APPLIES, BUT IT IS INSUFFICIENT IN ITS FAILURE TO PROTECT THOSE INMATES INCARCERATED FOR THE COMMISSION OF NON-FEDERAL CRIMES. IN MASSACHUSETTS, THE PROPOSED LEGISLATION IS MORE COMPREHENSIVE. THROUGH USE OF THE INFORMATION IT REQUIRES TO BE DISCLOSED AND ITS COMPULSORY PRE-TREATMENT JUDICIAL PROCEEDINGS, THIS BILL SHOULD GO FAR TO PROTECT INMATES IN THE ADMINISTRATION OF ORGANIC THERAPY AND NEUROSURGERY. ITS MAJOR PROBLEM ARISES IN INSTANCES WHERE AN INMATE TRULY WISHES TO PARTICIPATE IN RESEARCH; BUT THIS IS DUE TO THE TRADITIONAL CONCEPT OF INFORMED CONSENT, AND NOT A DEFECT IN THE BILL.(AUTHOR ABSTRACT MODIFIED)....BDS