Do Prisoners Have the Right to Starve Themselves to Death?
The bioethicist Art Caplan has argued against a court order requiring prison authorities to force feed a prisoner named William Coleman, who is on a hunger strike. It is against his autonomy, Caplan opines. From his column:
Recently, he took a turn for the worse. Prison officials, fearing for his life, sought and received a court order giving them the right to force-feed Coleman by giving food and water intravenously. They are wrong. Competent prisoners should not be fed medically against their will.Feeding Coleman or any other prisoner will require a doctor, nurse or other medically-trained prison worker to use restraints while inserting needles carrying artificial nutrition into the body. Feeding of this sort, as the U.S. Supreme Court recognized in the 1990 case of Nancy Cruzan, a young woman in a permanent coma whose relatives wished to discontinue her feeding tube, constitutes medical treatment. And that makes force-feeding any competent adult against their will unethical.I think Caplan is looking at this from the wrong end of the telescope. First, this isn't a case of a sick or disabled person refusing medical treatment in the usual sense. The harm being ameliorated is self-caused. Would Caplan similarly claim that if a prisoner hanged himself and left a note that authorities were not to revive him, that the direction should be followed? Indeed, would he argue that about anyone who attempts suicide? I would hope not, and it seems to me the only difference is that Coleman's self destruction is occurring in slow motion, while other forms are generally quicker. Second, Coleman is a prisoner and has hence lost significant autonomy rights. Third, prison authorities have the duty to protect the health and safety of those in their charge--including against self harm. That is surely why the court granted the authorities' request for the court order. Finally, prison officials also have the duty maintain good order. Imagine the potentially disrupting impact that could arise were prisoners able to kill themselves by self starvation.
Caplan has anticipated some of these arguments, and in response claims that even if Coleman dies, his act would be protest, not suicide:
Some would argue that refusing food and water is an act of suicide and prisons do not have to accept suicides on the part of inmates. But a hunger-strike is not a suicide attempt. It is an act of protest. Coleman himself says he does not want to die, but he is willing to in order to draw attention to what he believes is his unjust conviction. Risking death is a means to an end. The end may be horrific, but even prisoners have the right to refuse medical care to make their point.No they don't. Prisoners are not free. They don't have full first amendment rights of protest. Indeed, had Coleman decided to immolate himself as a form of protest--as Buddhist monks did during the Vietnam War--rather than go on a hunger strike, should that also be permitted?
Sometimes Caplan is right--as in his good thinking about the ethics of organ transplantation. But sometimes his pugilistic political liberalism leads him terribly astray. In my view, this is one of those times.


6 Comments:
Even people who aren't prisoners don't have a right to immolate themselves, under the First Amendment or anything else. Which may be worth thinking about in the context of starving oneself.
Fortunately, Washington State's Supreme Court rejected a constitutional challenge to a correctional force-feeding policy by an otherwise healthy and competent inmate who wanted to starve and dehydrate himself. It was an 8-1 vote. McNabb v. DOC (2008).
As a former correctional officer, I can tell you that my state (eastern US) has a force-feeding policy for inmates on hunger strikes. All the steps are highly complex, but do involve security, administrative, medical, and psychiatric staff from the outset--which is once an inmate either claims to be on such a strike or has missed three meals and not eaten anything else (such as canteen goods). No court order is needed or required to force-feed. The state has a strict no-suicide policy for inmates, and that includes suicide by slow means such as starvation.
By the way, the overwhelming majority of inmates here who have tried this in recent years required no intervention, but began eating again once they missed a couple days' worth of meals and realized that hunger is no picnic (bad pun intended). The claimed hunger strike was an attention- or sympathy-seeking ploy, or an attempt to manipulate staff, on their part. The staff are trained better than to fall for this, and the policy permits no nonsense.
For someone such as the inmate in your blog entry, force-feeding will accomplish no more than it did for Bobby Sands, the IRA hunger striker of over 25 years ago who died from the strike in a British prison. He did not win release. Nor will this guy.
bill is innocent of all charges and when you are fighting a unjust and corrupt system with a restricted forum to voice your innocence then you should understand why it has resulted in this action. it takes determination to follow what YOU think are correct measures to highlight injustice and not many of us possess such conviction. Bills case is surrounded by lies, false allegations and corruption. bills attorney as had over 15 counts of grievences against him upheld in court for lack or representation and inaffective council. as a family member i di not want to see him die but i understand why he is doing this and its not just for him but also to stop this from happening to others in the future. please go to his web site
http://crawldog.com/billcolemaninnocentmanwronfullyconvicted/index.php
bsg: Thanks for stopping by, but his innocence or guilt is quite irrelevant to the point. He is a prisoner and the authorities have a duty to keep him from harming himself. Hunger strikes are fine and good--and they garner attention. But once they advance to the place that the prisoner could be seriously harmed, the authorities should step in. Besides, if you are dead it becomes very hard to prove your innocence doesn't it?
Hi Wesley,
First let me say that I a one of Bill's closest friends and biggest supporters, outside his family.
Secondly, let me add his innocence is exactly the point.
I understand your point with regards to the force feeding by the DOC, but if Bill was guilty, he would not be protesting.
He is merely trying to get someone, anyone to take another look at his case and discover the lies and inconsistencies.
He was nevr given a "fair" trial, although the judicial system went through the motions.
His attorney has since been disbarred by the State of Connecticut, which I would hope would lend itself to, at the very least, a review of his prior cases, including Bill's.
God Bless.
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