- 0091-4169/09/9901-0089
- THE JOURNAL OF CRIMINAL LAW & CRIMINOLOGY Vol. 99, No. I
Further Reading
- Federal Register: Medical Devices; Exception From General Requirements for Informed Consent
- Human Subject Research: International and Regional Human Rights Standards – Health and Human Rights Journal (hhrjournal.org)
- IDE Approval Process | FDA
- Investigational Medical Devices (hopkinsmedicine.org)
- Investigational Medical Devices | Research (virginia.edu)
- Nuremberg Code – Wikipedia
- Nuremberg Code — United States Holocaust Memorial Museum (ushmm.org)
- Significant Risk and Nonsignificant Risk Medical Device Studies
- WMA Declaration of Helsinki – Ethical Principles for Medical Research Involving Human Subjects – WMA – The World Medical Association
When Human Experimentation is Criminal
This article discusses the phenomenon of under-criminalization of medical researchers who commit criminal acts.
It argues that their social status and the perceived benefits of their research protect them from criminal punishment.
The state’s failure to act sends negative messages about victims and perpetrators that can damage the values of autonomy and dignity in medical research.
The article concludes that this implicit immunity is harmful to society and inconsistent with criminal law policy.
