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Using Visual and Narrative Methods to Achieve Fair Process in Clinical Care
Published on: February 16, 2011
Balancing punishment and compassion for seriously ill prisoners
Brie A Williams1, Rebecca L Sudore, Robert Greifinger
1University of California, San Francisco, Division of Geriatrics, and San Francisco Veterans Affairs Medical Center, San Francisco, California 94121, USA. brie.williams@ucsf.edu
Annals of Internal Medicine
|June 2, 2011
Summary
Compassionate release allows seriously ill prisoners to be released early. Medical eligibility criteria are often flawed, hindering fair application, but proposed changes aim to improve the process.
Area of Science:
- Medical Ethics
- Criminal Justice Policy
- Public Health
Background:
- Compassionate release, enacted in 1984, allows terminally ill prisoners to be released early.
- Incarceration is based on retribution, rehabilitation, deterrence, and incapacitation; health changes can affect these justifications.
- The medical profession is crucial in compassionate release due to its reliance on medical evidence.
Purpose of the Study:
- To analyze the medical eligibility criteria and procedural barriers in compassionate release.
- To propose revisions to improve the rational application of compassionate release guidelines.
Main Methods:
- Review of existing compassionate release policies and medical eligibility criteria.
- Analysis of the theoretical underpinnings of compassionate release in relation to incarceration principles.
- Identification of clinical flaws and procedural obstacles.
Main Results:
- Current medical eligibility criteria often rely on definitive prognoses, which are clinically problematic.
- Procedural barriers can impede the effective and equitable application of compassionate release.
- Broader use is advocated due to an aging prison population, overcrowding, and rising healthcare costs.
Conclusions:
- Existing compassionate release guidelines contain clinical flaws and procedural barriers.
- Revisions are proposed to enhance the medical and procedural aspects of compassionate release.
- Addressing these issues is vital for a more just and effective system, especially given current correctional system challenges.
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