Medical Experimentation without Constent

587 WordsFeb 26, 20182 Pages
Medical experimentation without consent has been an issue of debate in the US over the past few years, namely on prisoners who have no way to defend themselves against the act. In 1948, Americans ran a syphilis drug trial on Guatemalan prisoners without their consent. This issue obviously poses major ethical dilemmas and even legal implications. It is my opinion that medical experimentation without consent is a morally atrocious act and should never be done. Looking at the legal side of things, we can call upon tort law. “A tort is a civil wrong, other than a breach of contract, committed against a person or property for which a court provides a remedy in form of action for damages” (Pozgar, 2103). Although these people being experimented on are in fact prisoners, they are still human beings and deserve respect for human rights, “The fourteenth Amendment of the United States states that all citizens should have equal protection rights” (GPO). These prisoners may have been sentenced to death, but it shall be done humanly. The Eighth Amendment to the United States Constitution states that "cruel and unusual punishments shall not be inflicted" (Walker). Medical experimentation that can lead to one’s death defiantly fits the bill for cruel and unusual punishment. Medical experimentation against prisoners on death row also violates the principle of Proportionality for Retributive Justice. This essentially means that the punishment must fit the crime. They are

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