Colin Dayan on “Who Owns the Body?”
WHO OWNS THE BODY, AND WHEN DOES IT DIE?
(Excerpt from a forthcoming article)
by Colin Dayan, author of The Law is a White Dog: How Legal Rituals Make and Unmake Persons
The Supreme Court recently ruled that Henry Skinner, a Texas inmate sentenced to die for killing his girlfriend and her two sons nearly twenty years ago, can ask to test evidence from the scene of the crime—knives, fingernail clippings, blood and hairs, etc.—that might prove his innocence. Texas prosecutors had always refused to consent to the testing. But remedying the violation of Skinner’s civil rights by granting such a request does not mean that the tests will actually be carried out. All it does is add the support of federal civil rights law to the post-trial DNA testing issue. And there is no guarantee that any results will exculpate him. As Justice Ruth Bader Ginsburg wrote in her opinion, “they might further incriminate Skinner.”
Now, another prisoner on death row has raised questions, not about whether his civil rights have been violated, but about his rights to dispose of his own body—after execution. Christian Longo, in Oregon, guilty of murdering his wife and three children, wants to donate his organs after his execution. The state says he can’t. Who owns the corpse? Does a person who is to be executed have no right to property, even his own body?
*A full version of this piece is forthcoming in Law, Culture, and Humanities, Volume 7, Issue 2 (June 2011).
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