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re: Lawmakers propose letting Massachusetts prisoners donate organs for reduced sentences

Posted on 2/5/23 at 6:40 pm to
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
31517 posts
Posted on 2/5/23 at 6:40 pm to
quote:

Just for fun, and I genuinely mean that phrasing because I think it’s an interesting discussion, how is donating bone marrow a far cry from being let out early for good behavior?


"Good behavior" is the default. Put another way, you're simply doing what you're supposed to be doing. And I would put "not breaking prison rules while in prison" in a very different basket than affirmatively taking other, outside actions.

I would actually consider the ability to do programs while incarcerated to get "extra" good time to be more analogous, but even then, I would draw a distinction between taking actions that solely benefit the inmate (drug rehab, job training, etc) with actions that solely, or at least primarily, benefit someone other than the inmate.
Posted by AbitaFan08
Boston, MA
Member since Apr 2008
27884 posts
Posted on 2/5/23 at 6:42 pm to
quote:

"Good behavior" is the default. Put another way, you're simply doing what you're supposed to be doing. And I would put "not breaking prison rules while in prison" in a very different basket than affirmatively taking other, outside actions.


If that’s the default, then wouldn’t you just get out on time? Whereas breaking prison rules would keep you in longer?

I’d also make the argument that doing something to benefit a stranger in need is more teachable than attending AA while in prison.

Again. I want to be very clear. I think you’re making good points and I see your side of the argument.
This post was edited on 2/5/23 at 6:44 pm
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
31517 posts
Posted on 2/5/23 at 6:44 pm to
quote:

If that’s the default, then wouldn’t you just get out on time? Whereas breaking prison rules would keep you in longer?


Depends on the "rule". If you break a law, then yes, you can be prosecuted and convicted of that law violation, and you would be given another sentence. However, if the rule you violated is "talked back to a guard", "refused to work today", etc., then no, I'm comfortable saying with 100% certainty that that would be unconstitutional
Posted by AbitaFan08
Boston, MA
Member since Apr 2008
27884 posts
Posted on 2/5/23 at 6:45 pm to
quote:

I'm comfortable saying with 100% certainty that that would be unconstitutional


Bitch please you have no clue what the founding fathers thought about mouthing off to a guard.

Posted by Joshjrn
Baton Rouge
Member since Dec 2008
31517 posts
Posted on 2/5/23 at 6:47 pm to
quote:

I’d also make the argument that doing something to benefit a stranger in need is more teachable than attending AA while in prison.


Sure, but the question doesn't turn on "what's best for society" from some larger, utilitarian perspective. The question turns on whether the tremendously coercive position a prison inmate is in precludes "incentivizing" them to "volunteer" for certain things. Giving inmates good time for training support dogs or for running programs for at risk youth is very different than telling them that they can reduce their sentence if they give parts of their body to strangers.
Posted by Joshjrn
Baton Rouge
Member since Dec 2008
31517 posts
Posted on 2/5/23 at 6:48 pm to
quote:


Bitch please you have no clue what the founding fathers thought about mouthing off to a guard.


They seemed to have very strong feelings about the freedom of speech, and even stronger feelings about locking someone in a cage for actions that aren't illegal
Posted by AbitaFan08
Boston, MA
Member since Apr 2008
27884 posts
Posted on 2/5/23 at 6:50 pm to
quote:

They seemed to have very strong feelings about the freedom of speech, and even stronger feelings about locking someone in a cage for actions that aren't illegal


Good point. But using that logic they considered “being black” illegal. So, you know…
Posted by ElJefe686
Houston
Member since Nov 2012
876 posts
Posted on 2/5/23 at 6:51 pm to
This one sits just fine with me.

I’d allow it.
Posted by Rouge
Floston Paradise
Member since Oct 2004
138151 posts
Posted on 2/7/23 at 8:00 am to
Another issue that I have with this topic is that the buyer, "The State", gets to unilaterally set the market.

A year or less for a kidney, bone marrow, or a portion of a liver does not seem on its surface like an equitable exchange.
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