A debate is unfolding over an unusual offer from Mississippi Governor Haley Barbour: He will free two sisters imprisoned for an US$11 armed robbery, but one woman’s release requires her to donate her kidney to the other.
The condition is alarming some experts, who have raised legal and ethical questions. Among them: If it turns out the sisters aren’t a good tissue match, does that mean the healthy one goes back to jail?
Barbour’s decision to suspend the life sentences of Jamie Scott and Gladys Scott was applauded by civil rights organizations and the women’s attorney, who have long said the sentences were too harsh for the crime.
PHOTO: AFP
The sisters are black and their case has been a cause celebre in the state’s African-American community.
After 16 years in prison, Jamie Scott, 36, is on daily dialysis, which officials say costs the state about US$200,000 a year.
Barbour agreed to release her because of her medical condition, but 38-year-old Gladys Scott’s release order says one of the conditions she must meet is to donate the kidney within one year.
The idea to donate the kidney was Gladys Scott’s and she volunteered to do it in her petition for early release.
National Association for the Advancement of Colored People president and chief executive Benjamin Todd Jealous thanked Barbour on Thursday after meeting him at the state capital in Jackson, calling his decision “a shining example” of the way a governor should use the power of clemency.
Others aren’t so sure.
University of Pennsylvania’s Center for Bioethics director Arthur Caplan has studied transplants and their legal and ethical ramifications for about 25 years. He said he’s never heard of anything like this.
Even though Gladys Scott proposed the idea in her petition for an early release and volunteered to donate the organ, Caplan said, it is against the law to buy and sell organs or to force people to give one up.
“When you volunteer to give a kidney, you’re usually free and clear to change your mind right up to the last minute,” he said. “When you put a condition on it that you could go back to prison, that’s a pretty powerful incentive.”
So what happens if she decides, minutes from surgery, to back off the donation?
“My understanding is that she’s committed to doing this. This is something that she came up with,” Barbour’s spokesman Dan Turner said. “This is not an idea the governor’s office brokered. It’s not a quid pro quo.”
What happens if medical testing determines that the two are not compatible for a transplant?
Turner said the sisters are a blood-type match, but that tests to determine tissue compatibility still need to be done.
If they don’t match, or if she backs out, will she be heading back to prison?
“All of the ‘what if’ questions are, at this point, purely hypothetical,” Barbour said in a statement from his office late on Thursday. “We’ll deal with those situations if they actually happen.”
Legally, there should be no problems since Gladys Scott volunteered to donate the kidney, said George Cochran, a professor at the University of Mississippi’s School of Law who specializes in constitutional matters.
“You have a constitutional right to body integrity, but when you consent [to donate an organ] you waive that [right],” he said.
Other experts said the sisters’ incarceration and their desire for a transplant operation are two separate matters and should not be tied together.
Michael Shapiro, chief of organ transplants at Hackensack University Medical Center in New Jersey and the chair of the ethics committee at the United Network for Organ Sharing, said the organ transplant should not be a condition of release.
“The simple answer to that is you can’t pay someone for a kidney,” Shapiro said. “If the governor is trading someone 20 years for a kidney, that might potentially violate the valuable consideration clause” in federal regulations.
That clause is meant to prohibit the buying or selling of organs and Shapiro said the Scott sisters’ situation could violate that rule because it could be construed as trading a thing of value — freedom from prison — for an organ.
However, putting conditions on parole is a long-standing practice and governors granting clemency have sometimes imposed unusual ones.
In 1986, then-South Dakota governor Bill Janklow commuted the sentences of 36 criminals, but only on the condition that they left his state and never came back. In Florida, then-governor Lawton Chiles and members of his Cabinet voted in 1994 to reduce a convicted killer’s sentence as long as he agreed to live in Maryland.
Eleven people, including a former minister, were arrested in Serbia on Friday over a train station disaster in which 16 people died. The concrete canopy of the newly renovated station in the northern city of Novi Sad collapsed on Nov. 1, 2024 in a disaster widely blamed on corruption and poor oversight. It sparked a wave of student-led protests and led to the resignation of then-Serbian prime minister Milos Vucevic and the fall of his government. The public prosecutor’s office in Novi Sad opened an investigation into the accident and deaths. In February, the public prosecutor’s office for organized crime opened another probe into
RISING RACISM: A Japanese group called on China to assure safety in the country, while the Chinese embassy in Tokyo urged action against a ‘surge in xenophobia’ A Japanese woman living in China was attacked and injured by a man in a subway station in Suzhou, China, Japanese media said, hours after two Chinese men were seriously injured in violence in Tokyo. The attacks on Thursday raised concern about xenophobic sentiment in China and Japan that have been blamed for assaults in both countries. It was the third attack involving Japanese living in China since last year. In the two previous cases in China, Chinese authorities have insisted they were isolated incidents. Japanese broadcaster NHK did not identify the woman injured in Suzhou by name, but, citing the Japanese
YELLOW SHIRTS: Many protesters were associated with pro-royalist groups that had previously supported the ouster of Paetongtarn’s father, Thaksin, in 2006 Protesters rallied on Saturday in the Thai capital to demand the resignation of court-suspended Thai Prime Minister Paetongtarn Shinawatra and in support of the armed forces following a violent border dispute with Cambodia that killed more than three dozen people and displaced more than 260,000. Gathered at Bangkok’s Victory Monument despite soaring temperatures, many sang patriotic songs and listened to speeches denouncing Paetongtarn and her father, former Thai prime minister Thaksin Shinawatra, and voiced their backing of the country’s army, which has always retained substantial power in the Southeast Asian country. Police said there were about 2,000 protesters by mid-afternoon, although
MOGAMI-CLASS FRIGATES: The deal is a ‘big step toward elevating national security cooperation with Australia, which is our special strategic partner,’ a Japanese official said Australia is to upgrade its navy with 11 Mogami-class frigates built by Japan’s Mitsubishi Heavy Industries, Australian Minister for Defence Richard Marles said yesterday. Billed as Japan’s biggest defense export deal since World War II, Australia is to pay US$6 billion over the next 10 years to acquire the fleet of stealth frigates. Australia is in the midst of a major military restructure, bolstering its navy with long-range firepower in an effort to deter China. It is striving to expand its fleet of major warships from 11 to 26 over the next decade. “This is clearly the biggest defense-industry agreement that has ever
RSS