2016
DOI: 10.1007/s12152-016-9277-4
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The Right to Bodily Integrity and the Rehabilitation of Offenders Through Medical Interventions: A Reply to Thomas Douglas

Abstract: Medical interventions such as methadone treatment for drug addicts or Bchemical castration^for sex offenders have been used in several jurisdictions alongside or as an alternative to traditional punishments, such as incarceration. As our understanding of the biological basis for human behaviour develops, our criminal justice system may make increasing use of such medical techniques and may become less reliant on incarceration. Academic debate on this topic has largely focused on whether offenders can validly c… Show more

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Cited by 16 publications
(19 citation statements)
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“…These drugs are used internationally (Turner, Petermann, Harrison, Krueger, & Briken, 2017) and are effective in reducing sexual preoccupation and sex drive (Winder et al, 2018). It is important to remember that it is unethical to coerce a person who has committed a sex offense to receive surgical or pharmacological treatments and that revocable, informed consent must be obtained before beginning treatment (Rice & Harris, 2011;Shaw, 2019). It has been pointed out that these concerns are largely unfounded if treatment is offered voluntarily with the understanding that GnRH analogs can be stopped at any time that consent is withdrawn (Fedoroff, 2020).…”
Section: Pharmacological Treatmentmentioning
confidence: 99%
“…These drugs are used internationally (Turner, Petermann, Harrison, Krueger, & Briken, 2017) and are effective in reducing sexual preoccupation and sex drive (Winder et al, 2018). It is important to remember that it is unethical to coerce a person who has committed a sex offense to receive surgical or pharmacological treatments and that revocable, informed consent must be obtained before beginning treatment (Rice & Harris, 2011;Shaw, 2019). It has been pointed out that these concerns are largely unfounded if treatment is offered voluntarily with the understanding that GnRH analogs can be stopped at any time that consent is withdrawn (Fedoroff, 2020).…”
Section: Pharmacological Treatmentmentioning
confidence: 99%
“…This suggests that just dismissing the problem of alienation as unlikely to actualize would often be overly optimistic. 14 Accordingly, in practice it would be reasonable for a criminal justice system contemplating the use of neuroenhancements to consider the problem of alienation. Duly acknowledging it and the possible ways of solving it could also help in avoiding the problem of alienation, when it threatens to arise.…”
Section: Main Starting Pointsmentioning
confidence: 99%
“…Neuroscientific results may not support consequentialist punishment practices after all, 2 neuroscience-based methods of culpability assessment and "mindreading" may remain overly imprecise, and, for a yet further instance, neurointerventions can violate offenders' rights and have disproportionate side effects (see e.g. [4,[11][12][13][14]). The debate on questions such as these continues (see e.g.…”
Section: Introductionmentioning
confidence: 99%
“…2 I took this intuition to be significant since, if rights to bodily integrity were generally more robust than rights to freedom of movement and association, one might expect that a larger potential catastrophe would be 2 Shaw interprets me as making a claim about the relative strength of the rights at stake in these cases, and rightly worries that one cannot straightforwardly infer anything about the robustness of a right from its strength. One cannot infer from the fact that both rights (to bodily integrity, and to freedom of movement and association) can be overridden in these cases, that the threshold for overriding them (i.e.…”
Section: Shaw On the Epidemic Casementioning
confidence: 99%