A new form of international crime: The human organ trade
Chang, Dae H.
Chang, Dae H.
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1995
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Chang, D. H. (1995). A new form of international crime: The human organ trade. International Journal of Comparative and Applied Criminal Justice, 19(1), 1–18. https://doi.org/10.1080/01924036.1995.9678533
Abstract
This article is basically concerned with human organs — kidneys, hearts, livers, pancreases, corneas, etc. — from their illegal procurement and administration to implant surgery in illegal patients. We must assume that there must have been illegal organ trades. However, only in recent years has it become more apparent in the eyes of government and the medical establishment. Since the late 1960’s, starting with Dr. Christian Barnard who successfully transplanted a heart in South Africa, organ transplantation is no longer viewed as mysterious or out-of-the-ordinary. In a capitalistic society, the production, delivery, and receipt of goods and services for profit is critical to maintain the financial well being of the group. It is this ebb and flow of trade with other cities, states and countries that creates tremendous economic growth potential. At the core of this process is the fundamental yet innately complex relationship between the producer of goods and services and the consumer. The producer or merchant must be able to identify the needs and wants of the consumer and then strive to meet those needs, while at the same time making the entire venture a profitable one. The one issue that cannot ever be neglected is that, in this symbiotic relationship, the merchant always seeks to come out ahead of both the consumer and the individual from whom he has purchased the goods. The main reason the merchant exists is to provide goods and services and to make profit. In every society there exists codes or laws that prohibit the availability of certain goods and services, but those same good and services can be obtained through certain outlets and, in some circumstances, under strict governmental scrutiny. A prime example of this is the various controlled substances which are only available through medical doctors who issue prescriptions for specific drugs. Such regulations are usually implemented either to protect the safety of the general public (in the case of narcotics), or to regulate trade with other countries in order to preserve the economic health of the nation. Even though a nation or state chooses to regulate or prohibit a good or service, that does not mean the people will no longer desire or need what has been prohibited or restricted; many will seek to attain it at any cost. An example of a much desired commodity that was prohibited is the sale of alcoholic beverages in the United States during the Prohibition Era of 1920 through 1930. The Eighteenth Amendment of the Constitution prohibited the sale and manufacture of alcohol within the United States. This grand experiment proved to be a great failure because not only did it fail to turn people away from alcohol, but it also made criminals out of everyone who drank. Essentially it gave birth to a new facet in organized crime: bootlegging. In the end, the Eighteenth Amendment was repealed and the government resumed the heavy taxation and regulation of the alcohol trade. Prohibition showed in very dramatic and grand scale fashion how society will not be denied of its wants, needs, and vices by any governmental entity. It also showed that given and opportunity to make a lot of money in a criminal enterprise, some forms of organized crime will instinctively take advantage of those opportunities. Again, if there is a market to be exploited, one can be sure that practicing capitalists will somehow find it. If that exploitation includes risk — even the risk of arrest and imprisonment — there are those who will not shy away from such a venture. As we march into the next century, new markets are opening up and are becoming ripe for exploitation and plunder. One of these new market opportunities is the trade and traffic in human organs. With a high demand and an incredible shortage of the much needed commodities, transplantable organs come with a high price. Herewith, the scope of this paper: to explore the trading of human organs and examine how it relates to the criminological theories of anomie and the theory of organized crime. Possible solutions to this issue will be discussed as well. The article presented here should stimulate scholars’ interest for further study in a new form of crime on the international scene. © 1995, Taylor & Francis Group, LLC. All rights reserved. © 2016 Elsevier B.V., All rights reserved.
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International Journal of Comparative and Applied Criminal Justice
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2157-6475
0192-4036
0192-4036