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A Pound of Flesh: The Complex Demands of Incarcerated Individuals Seeking Sentence Reduction

Published online by Cambridge University Press:  17 June 2025

Rachel E. Sweeney*
Affiliation:
Internal Medicine, Brigham and Women’s Hospital, Boston, Massachusetts, United States

Abstract

Massachusetts Bill H.2333, An act to establish the Massachusetts incarcerated individual bone marrow and organ donation program, was introduced in February 2023 and sparked immediate controversy. In their analysis of the proposed legislation, Albertsen et al. raise the ethical issue of unequal opportunity for sentence reduction and examine Bill H.2333 relative to mainstream theories of punishment. This commentary broadens the lens to the landscape of parole and medical parole, underscoring the complex demands placed on incarcerated individuals seeking sentence reduction in Massachusetts.

Information

Type
Commentary
Copyright
© The Author(s), 2025. Published by Cambridge University Press on behalf of American Society of Law, Medicine & Ethics

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References

Leblanc, S., “Organs In Exchange for Freedom? Bill Raises Ethical Concerns,” AP News, February 8, 2023, https://apnews.com/article/organ-donation-massachusetts-state-government-health-a11a7f93dd13ad018bbb1899dbb4623a (last visited January 7, 2025); S. Betancourt, “A bill that would let prisoners trade organs for a reduced sentence faces significant blowback,” GBH, February 2, 2023, https://www.wgbh.org/news/local/2023-02-02/a-bill-that-would-let-prisoners-trade-organs-for-a-reduced-sentence-faces-significant-blowback (last visited January 7, 2025).Google Scholar
Chooljian, D.M., et al., “Trading Tissues for Freedom: Incentivizing Stem Cell and Solid Organ Donation in the Incarcerated Population,” Bone Marrow Transplantation 58 (2023): 717718, https://doi.org/10.1038/s41409-023-01954-0.CrossRefGoogle ScholarPubMed
Widra, E., “Since You Asked: How Many People Aged 55 or Older Are in Prison, by State?,” Prison Policy Initiative, May 11, 2020, https://www.prisonpolicy.org/blog/2020/05/11/55plus/ (last visited January 10, 2025).Google Scholar
“Medical Parole Reports,” Massachusetts Department of Correction, https://www.mass.gov/lists/medical-parole-reportsGoogle Scholar
Buckman v. Commissioner of Correction, 138 N.E.3d 996 (Mass. 2020).Google Scholar
Prost, S.G. and Williams, B., “Strategies to Optimize the Use of Compassionate Release From US Prisons,” American Journal of Public Health 110, no. S1 (January 1, 2020): S25S26, https://doi.org/10.2105/AJPH.2019.305434.; B.A. Williams, A. Rothman, C. Ahalt, “For Seriously Ill Prisoners, Consider Evidence-Based Compassionate Release Policies,” Health Affairs Blog, February 6, 2017, https://doi.org/10.1377/hblog20170206.058614.CrossRefGoogle ScholarPubMed
Weisman, R., “Being and Doing: The Judicial Use of Remorse to Construct Character and Community,” Social & Legal Studies, 18(1), 4769, https://doi.org/10.1177/0964663908100333.; N. Bronnimann, “Remorse in Parole Hearings: An Elusive Concept with Concrete Consequences.” Missouri Law Review 85, no. 2 (2020): 321–356, https://scholarship.law.missouri.edu/mlr/vol85/iss2/18.CrossRefGoogle Scholar
Watts, A.L., Rhine, E.E., McDonough, C., Profiles in Parole Release and Revocation: Examining the Legal Framework in the United States: Massachusetts, (Robina Institute of Criminal Law and Criminal Justice, 2018), https://robinainstitute.umn.edu/sites/robinainstitute.umn.edu/files/2022-02/massachusetts_parole_profile.pdf.Google Scholar
Angwin, J., Larson, J., Mattu, S., Kirchner, L., “Machine Bias,” ProPublica, May 23, 2016, https://www.propublica.org/article/machine-bias-risk-assessments-in-criminal-sentencing (last visited January 10, 2025).; C. Metz, A. Satariano, “An Algorithm That Grants Freedom, or Takes It Away,” The New York Times, February 6, 2020, https://www.nytimes.com/2020/02/06/technology/predictive-algorithms-crime.html (last visited January 10, 2025).; D. S. Medwed, “The Innocent Prisoner’s Dilemma: Consequences of Failing to Admit Guilt at Parole Hearings,” Iowa Law Review 93, no. 2 (2007): 491–558.Google Scholar
Creating Meaningful Public Safety: A Briefing on the Massachusetts Department of Correction (Lifers Group, Inc, et al., January 5, 2023) https://plsma.org/wp-content/uploads/2023/01/Creating-Meaningful-Public-Safety-A-Briefing-on-the-MA-DOC.pdf.Google Scholar
Shammas, V. L., “The Perils of Parole Hearings: California Lifers, Performative Disadvantage, and the Ideology of Insight,” PoLAR 42 (2019): 142160, https://doi.org/10.1111/plar.12275.CrossRefGoogle Scholar
See Shammas, supra note 11; Wattley, K., “Insight into California’s Life Sentences.” Federal Sentencing Reporter 25, No. 4 (2013): 271275, https://doi.org/10.1525/fsr.2013.25.4.271; I. Dalke, “I Come before You a Changed Man: ‘Insight,’ Compliance, and Refurbishing Penal Practice in California,” Law & Social Inquiry 49, no. 2 (2024): 1138–1168, https://doi.org/10.1017/lsi.2023.20.CrossRefGoogle Scholar