CRM 204 –Criminal Justice Research and Statistics (November 14 , 2012) th
Nuremberg War Crimes Trial
Criminals are less likely to offend if they have access to help and programs.
Tuskegee Syphilis Study
- U.S Public Health Service, Alabama, 1933.
- 399 African-American men with latent syphilis and 201 men without enrolled in study.
- Study lasted 40 years. Enlisted support of the Tuskegee Institute which had a history of service
to the African-American community.
- Men in study were not told they were infected.
- In 1942 as men were being drafted into the army they were going to be getting medical exams
prior to being inducted (made sure that they either didn’t get in, or got in labelled differently
so they couldn’t get treatment; therefore being excluded from the draft list)
- Efforts were made to prevent them from getting treatment.
- Researchers gave 256 names to the Macon County Selective Service Board of men who were to
be excluded from list of draftees needing treatment.
- In 1943 when penicillin became available Public Health Service excluded participants.
- Rationale was that it was a unique opportunity to study course of syphilis from beginning to end.
- Study was exposed in 1972 by a reporter who had been trying to raise the issue within the PHS
- 28 men had died of syphilis, 10 others died due to syphilis related causes at least 40 wives had
been infected and 19 children had contracted disease at birth.
- Class action lawsuit was launched and in 1974 an out of court settlement was made. Each
survivor got $37,500 and heirs of deceased got $15,000. (no criminal persecution)
- In 1946 judiciary Council of the AMA had issued a report on ethics of experiments involving
human subjects. The Tuskegee study violated all three requirements proposed by judiciary (1)
Voluntary consent (2) Danger of each experiment must be previously investigated by animal
experimentation and (3) Experiment must be performed under [rope medical protection and
- In aftermath of the study National Research Act signed in 1974 which created the National
Commission for Protection of Human Subjects of Biomedical and Behavioural Research.
- Regulations passed requiring all studies using human subjects to be reviewed by an Institutional
Nuremberg War Crime Trials
The Nuremberg Code (1947) consisted of ten basic ethical principles that the accused violated.
- 1. Research participants must voluntarily consent to research participation
- 2. Research aims should contribute to the good of society
- 3. Research must be based on sound theory and prior animal testing - 4. Research must avoid unnecessary physical and mental suffering
- 5. No research projects can go forward where serious injury and/or death are potential
- 6. The degree of risk taken with research participants cannot exceed anticipated benefits of
- 7. Proper environment and protection for participants is necessary
- 8. Experiments can be conducted only by scientifically qualified persons
- 9. Human subjects must be allowed to discontinue their participation at any time
- 10. Scientists must be prepared to terminate the experiment if there is cause to believe that
continuation will be harmful or result in injury or death
Helsinki Declaration (Developed by World Medical Association)
- The necessity of using an independent investigator to review potential research projects
- Employing a medically qualified person to supervise the research and assume responsibility for
the health and welfare of human subjects
- The importance of preserving the accuracy of research results
- Suggestions on how to obtain informed consent from research participants
- Rules concerning research with children and mentally incompetent persons
- Evaluating and using experimental treatments on patients
- The importance of determining which medical situations and conditions are appropriate and
safe for research
Belmont Report 1979 (National Commission for the Protection of Human Subjects of Biomedical and
- 1. The ethical principles for research with human subjects
- 2. Boundaries between medical practice