In January 2023 two Democratic representatives, Judith Garcia and Carlos
Gonzalez, proposed a bill that would offer prisoners in Massachusetts a new way
to win not less than 60 and not more than 365-day reduction in their sentences by donating their bone marrow or vital organs. The legislators claimed that their proposal would respect the bodily autonomy of prisoners and would address racial disparities by helping to expand the pool of donors.

I must refute this claim. How is this a bill that was passed in TWENTY TWENTY-THREE – a mere two years ago? You’d think politicians would’ve learned by now. Consider the situation in which a prisoner was wrongfully committed and jailed. It is actually estimated that 1 percent of the US prison population, approximately 20,000 people, are falsely convicted. In this case, the punishment does not fit the crime because the crime was never even committed in the first place, and while this is true the bill should have never been passed.

In the instance the crime was committed, it simply doesn’t make sense that the sentence can be modified in anyway. Altering the sentence undermines the idea that it was appropriately determined in the first place which sets a dangerous precedent, suggesting that sentences are flexible rather than fitting the severity of the crime. It also opens the way for future modifications undermining the integrity of the legal system and its ability to deliver justice.

BUT this isn’t even the real problem here. Fundamentally, it does not matter what these prisoners have done – they are still people. Human beings. There will never be real autonomy or true consent in this situation to ask them to give their bodies in exchange for freedom. It’s not a fair trade; it’s a blatant violation of human rights. It’s preying on vulnerable people who have little choice because the alternative – staying locked up for longer – is not really a choice, only the illusion of one.

This punishment will never fit the crime. Furthermore, Garcia and Gonzalez have walked back their proposal and are planning to introduce a version without the promise of a sentence reduction. This bill should never have been passed to allow this change in the first place. Bills passed in future need to focus on real reform—improving rehabilitation, ensuring fair sentencing, and expanding ethical organ donation programs by increasing public awareness and expanding donor registration programs.