Should inmates on death row be allowed to donate organs?

While waiting lists for organ transplants are long, there are relatively few organ donors. As a result, some people wait years for transplants, and others never get off the waiting list. Because of this shortage, there are also strict criteria for who qualifies for organ transplants, and older people are often excluded.

Multiple solutions have been proposed to mitigate this shortage. For instance, a rather controversial solution is allowing inmates on death row to donate organs. However, there are multiple factors to consider when deciding whether this solution is viable.

First, quid pro quo donations that afford prisoners with reduced sentences have a myriad of ethical implications. This form of donation may be akin to commodifying one's body. Just as donating organs in exchange for money is illegal, donating organs in exchange for a more lenient sentence can be seen as a form of coercion. Furthermore, this option excludes prisoners with preexisting health conditions that disqualify them from being organ donors. Thus, such practices can be seen as discriminatory towards individuals with health conditions.

In addition, the feelings of the organ recipient must be taken into account. While some see an organ as merely a tissue, others see any body part as holding a piece of the person's soul. These views are frequently tied to religion. Recipients with such views may feel uncomfortable accepting an organ from a prisoner, especially one who has committed a capital crime. However, as the waiting list is so long, recipients may feel as if this is the only opportunity for a transplant. Thus, they are left to decide whether they accept an organ that they will feel uncomfortable with for years to come - and perhaps the rest of their life - or stay on the waiting list.

On the other hand, transplants without any sentence reduction may serve as a means for prisoners to absolve their guilt before finishing their sentence. There are few opportunities for prisoners to make amends while in prison, and donating an organ may bring them a final sense of peace. Just as religious considerations are important for organ recipients, this form of atonement is especially important for prisoners looking to achieve spiritual redemption.

Finally, it is crucial to consider the populations that are affected. Racial minorities, especially Hispanic and black Americans, disproportionately experience conditions that result in organ failure, including kidney disease. Thus, the waiting list, therefore, has a large proportion of racial minorities, and policies regarding who can donate affect these populations the most.

If you're interested in reading more, this article in the Organ Procurement & Transplantation Network explores this issue in greater depth.