Word: consents
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...December, the Eighth Circuit Court of Appeals declared that Iowa's use of vomit-inducing apomorphine was cruel and unusual punishment-and therefore unconstitutional-unless the inmate gives knowing, written consent, which can be revoked "at any time." Injections of apomorphine continue, but only under conditions set by the court...
...three-judge state court in Michigan last summer blocked a brain operation planned for a criminally insane inmate who had sometimes been uncontrollably violent. Though he had "volunteered" for psychosurgery, the judges concluded that the "inherently coercive atmosphere" of confinement makes "truly informed" consent impossible...
...Michigan court correct in doubting the possibility of any freely given consent by an inmate? Or have the Iowa judges successfully devised rules that safeguard the volunteer? Either way it is clear that the question of consent is crucial-for both legal and pragmatic reasons. Electric-shock therapy for sex offenders, for instance, is plainly offensive and probably illegal if imposed on anyone who does not want it. On the other hand, there is some preliminary indication that the treatment may work -to the benefit of both the prisoner and society. If the voluntary program is ended, inmates who really...
...court in its decision limited the use of such "therapy" to instances where medical authorization and the specific written consent of the prisoner had been given. But it left the important questions unanswered, with its neutral, impersonal language. Who gave the order? Who administered the drug? Who took the prisoner to the room? Who "exercised" him? We are back in the world of Ivan Denisovich, of Gulag, of impartial officials and "broken consciences." It may be--it is hopefully--an isolated instance. But whenever a human being is considered manipulable, formable, breakable, at the last; whenever he is considered...
...letting go so cheaply? One reason, no doubt, is that Government-ordered divestiture sales rarely bring much money: buyers, knowing that the company has to sell, hold out for a low price. ITT agreed to sell Levitt, Avis, Inc. and other businesses as part of the violently controversial 1971 consent decree that permitted it to keep Hartford Fire Insurance. Another reason, though, is that the Levitt business, which had earned a profit of almost $4 million in the year before ITT bought it, lost $14 million under ITT's management last year. Home building is a business that demands...