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1 Law & Hum. Behav. 1 (1977)

handle is hein.journals/lwhmbv1 and id is 1 raw text is: Law and Human Behavior, Vol. 1, No. 1, 1977

Consent of the Unfree
Medical Experimentation and
Behavior Modification
in the Closed Institution
Part I*
Richard Singerf
The participation of mental patients and prisoners in experimental medical and be-
havioral research programs has become increasingly a matter of concern and
anguished debate in this country. In 1973, a trial court in Detroit in Kaimowitz ex rel.
John Doe v. Department of Mental Health for the State of Michigan' caused a tidal
*Owing to its length, this article will be published in two successive issues. In Part I Professor Singer
describes the current milieu in which medical experimentation and behavior modification exist in the
closed institution. In Part II, which will appear in the next issue of this journal, he analyzes the issues of
consent and capacity. - Ed.
tProfessor of Law, Rutgers University. This paper has been submitted in partial fulfillment of the require-
ments of the J.S.D. degree, Columbia University Law School. Since it is the last of three such papers, it
is also the last opportunity I will have to acknowledge the assistance I have received. First, then, to the
members of my committee - Harold Edgar and Telford Taylor (cochairmen), Sir Leon Radzinowicz,
Kent Greenawalt, Richard Uviller, and William Fry. Most particularly to Walter Gellhorn, who pulled
my coals from more fires than I care to count. To my wife, Anne, and to Simon Rosenzweig, both
experts in mental health law, whose contribution to this and the preceding papers are enormous.
Finally, to my colleagues at Rutgers, Alexander Brooks, Norman Cantor, and Richard Parker for their
comments and support.
'Kaimowitz ex rel. John Doe v. Department of Mental Health for the State of Michigan (Civ. Action No.
73-19434-AW) (Cir. Court, County of Wayne, July 10, 1973). The Kaimowitz opinion is not fully
reported anywhere. It is summarized in 42 U.S.L.W. 2063 (July 10, 1973) and excerpted in 2 Pris. Law
Rep. 433 (1973). Two fuller excerpts are in A. Brooks, Law, Psychiatry and the Mental Health Process
902 (1974) and R. Singer & W. Statsky, Rights of the Imprisoned 236 (1974). Citations to the opinion
(hereinafter Kaimowitz) will be to Singer and Statsky unless otherwise indicated.
This journal is copyrighted by Plenum. Each article is available for $7.50 from Plenum Publishing Corporation, 227 West
17th Street, New York, N.Y. 10011.

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