DUE: No later than March 19 LENGTH: About 750-1,000 words POINTS: Up to 10 Take a look at the following article. Then ask (assuming you're the warden): 1) Do people, any people, have the right to starve themselves to death? 2) Do we have a special obligation to people in prison to prevent them starving themselves? a) Are people in prison fully able to give "consent?" b) Should we demand that people in prison experience the full weight of punishment rather than take the "easy way out?" 3) What are the pros and cons to allow inmates the right to starve for the various stakeholders? 4) What, as a prison administrator (Dept of Corrections director, warden, physicians) do? ========== Inmates win right to starve: Ruling backs prison protest By Michael Higgins, Tribune staff reporter. Tribune staff reporter Lynette Kalsnes contributed to this report September 7, 2002 Chicago Tribune, Sept 7 2002; page 15 An Illinois judge has ruled that two inmates at Pontiac Correctional Center have the right to starve themselves to death in a protest over prison conditions. The ruling is extremely unusual, legal experts said, since prisons routinely win the right to force-feed inmates whose hunger strikes become life threatening. But Circuit Judge Harold Frobish of Livingston County ruled Thursday that the two inmates, John Barrell, 39, and Leon Snipes, 41, were competent to decide to die. Both men reside in the prison's segregation units, where problem inmates spend 23 1/2 hours a day in solitary confinement, and both are likely to spend at least another 30 years in prison. "I find these conditions represent mental stress in the extreme," Frobish said after a daylong hearing. "I find that if the defendants choose to die in these circumstances rather than live this way, that they should have a right to do so." To decide the case, Frobish weighed the inmates' right to personal autonomy against factors such as the need for order in prison, the cost of health care workers to monitor starving prisoners and society's interest in seeing that inmates stay alive to serve out their sentences. For now, a court order allows prison officials to force-feed the men at least until the state Department of Corrections decides whether to appeal. Barrell, who was convicted of armed violence in Franklin County in 1991, has been in the facility for two years. Snipes, convicted of criminal sexual assault in Kankakee County in 1995, has been in segregation for three years. Barrell has been diagnosed with a personality disorder and Snipes with a psychotic disorder, but Frobish said neither man was delusional. Frobish said the inmates live alone in a 5-by-10-foot cell with no TV or radio and no visits. What Barrell and Snipes are trying to do demonstrates the need to re-evaluate how inmates, especially those with mental health problems, are treated, said Kara Gotsch of the American Civil Liberties Union's National Prison Project. But Corrections Department spokesman Brian Fairchild said the methods used at Pontiac were legally sound and proper. Copyright (c) 2002, Chicago Tribune
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