Stringent conditions apply to medical research done involving prisoners, who, during their time during incarceration, are in a vulnerable position of dependence on their institutions. These conditions extend to include prisoners on death row. Although it has been argued that these inmates should legally be subjected to medical research without consent, the practice of unauthorized research on prisoners on death row is unconstitutional and potentially inhumane.

Arguments encouraging the non-consensual practice of medical research on death row inmates (for example: these subjects have violated the rights of individuals in their crimes, and so have forfeited their own individual rights) are often based on the the idea that the lives of prisoners on death row are expendable and the misconception that all death row inmates will be executed, and always deny the rights of such inmates. Subjecting death row inmates to research without consent is to categorize these prisoners as ‘second class’ people, without individual rights. Laws surrounding research on inmates may vary by state but federal policy ensures that prisoners are always adequately protected when involved in medical research.

All prisoners must have given their informed consent before participating in medical research. This means that a full understanding of the type of research being conducted, its aims and risks involved, must have been given. Prisoners must also have granted permission for research without having been pushed to do so, such as through fraud or coercion. Prisoners involved in research must be granted the same remuneration a free citizen would be given in exchange for subjection to medical research.

The law also prohibits inmates being submitted to the exposure of toxic or potentially harmful materials in the Eighth Ammendment of the Constitution, which bans cruel or unusual punishment. Some forms of medical research (such as the testing of new vaccines) may be very harmful and impact on the future health of prisoners. Without prisonersÂ’ consent, medical research may constitute cruel and unusual punishment.

Finally, to ensure that experiments are conducted in a lawful way, any type of research must be overseen by an Institutional Review Board (IRB), a party acting on behalf of federal government to monitor medical and behavioral research. Research involving death row inmates is subject to the given conditions in order to protect the rights of these individuals.