Unlike U.S. citizens generally, who are encouraged to become organ donors through drivers' license designations, advance directives, and state registries, in most instances inmates are barred from donating their organs until release.
To date, the scholarship in favor of allowing inmates to donate their organs has largely focused on the benefit these donations could offer patients languishing on organ transplant lists, while objections center on the vulnerability of the imprisoned potential donors and their inability to make decisions freely. A donor-focused case for donation, however, is missing in this debate. This Article fills that gap by setting out the philosophical case for allowing prison inmates to fill this role, even though the aggregate increase in the supply of transplantable organs would be small.
Amanda Seals Bersinger and Lisa Milot,
Posthumous Organ Donation as Prisoner Agency and Rehabilitation
, 65 DePaul L. Rev. 1193
Available at: http://digitalcommons.law.uga.edu/fac_artchop/1121