This article has been accepted for publication in AJOB NeuroscienceHubner's and White's thought-provoking scenario rests on a unified conception of psychopathy, a reliance upon subjective suffering and individual medical benefit as grounds to justify ethical treatment/research participation, and an assertion that, as psychopathic prisoners do not experience individual suffering which they attribute to psychopathy, they are by definition unable to provide valid informed consent to research trial participation/treatment for psychopathy involving DBS.