Why rot in jail? Donate an organ and get out of jail free!

Democrat and Chronicle
Posted : Apr 23, 2007

A South Carolina Senate panel last month endorsed a proposal to cut 180 days off the sentence of an inmate who donates an organ or tissue for use in transplantation. This proposal is well intentioned, but misguided.

There are four methods by which one could obtain body parts or organs: stealth, donation, coercion or inducement.

Stealth is the method grave-robbers used in the 1800s, digging up bodies to sell to anatomy schools for dissection. This method was employed again recently, when several funeral homes were found to be selling body tissues for medical use without permission. Obtaining organs for transplantation should not be a hidden activity, or the public may not support transplantation with dollars or further organ donations. It's wrong to steal.

Donation is the method we prefer for obtaining organs for transplantation. Donation requires a voluntary offering, informed consent and donor willingness. It is altruistic in nature. The motivation is the desire to help someone or to do good.

Coercion is the use of force or authority to compel someone to do something. It is illegal and immoral to forcefully take someone's organ(s) against his or her will.

Inducement refers to use of a "motivator" to persuade or influence an outcome. Obtaining organs from prisoners for time off a sentence is an inducement, which falls into the same category as selling an organ, where the motivation is payment. Organ sales are illegal in this country. When someone is persuaded by force, economic gain or a chance at liberty, he does not make a truly free choice.

We would think it egregious to "ask" a slave to sell a body part for freedom. If the motivator is great enough, or if you receive an "offer you can't refuse," there is no real "choice."

One cannot successfully argue that the ends justify the means. Even though I could potentially help save several lives by killing you and selling off your innards, you would probably think me unethical no matter how many lives were saved. In China, prisoners are executed at a time and in a fashion so that their organs can be sold and used for transplantation. Do you think our government should have a right to sentence the disposal or dispersal of any of your body parts for any reason while you are alive?

Perhaps the right to keep our insides intact ought to be listed among our other inalienable rights. We should not allow the judicial system or any other government branch to demand our visceral organs. I think the sacrifice of an internal organ for a misdeed would qualify as cruel and truly unusual punishment.

When the sum of the parts is worth more than the individual person, organs become merely valuable assets. And if they are considered valuable assets, what is to stop your mortgage company from asking for your kidney when you can no longer make your house payments?

My patients who have received kidney transplants feel better and generally live longer than those who remain on dialysis. So I encourage living kidney donation, which can be performed safely and makes a tremendous difference in the recipient's life. However, although the government can figuratively tax me an arm and a leg, it cannot rightfully or literally seize any of my body parts. So I ask potential organ donors to choose freely and make a difference. But let's preserve true choice.

Demme is a nephrologist at Strong Memorial Hospital.