Natural Law and American Criminal Law and criminal Medical Experimentation

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    Natural Law, American Law, International Law,

    Medical Experimentation and the Neuremberg Code

    By

    Anthony J. Fejfar, B.A., J.D., Esq., Coif

    Copyright 2010 by Anthony J. Fejfar This Article is an Legal Opinion written on the

    Authority of Anthony Fejfars Coif, and as a Member of the United States Supreme Court

    Bar.

    Natural Law as Criminal Law , which is enforceable under United States, state,

    and federal law, as well as International Law, provides that any person, natural or

    otherwise, who violates the Natural Rights of any person in violation of Natural Law is

    guilty of the Crime of Penury. Penury is a Criminal Felony, which is defined as A

    serious violation of Natural Law which is intrinsically evil. Also, in the United States of

    America, the person can be charged with the Crime of Treason. In the case of illegal

    medical experimentation those involved with the experiment in any way, except the test

    subject, can be charged with Criminal Battery and Attempted Murder.

    Natural Rights, based on Natural Law, include the Natural Rights of :

    Life, Liberty, Property, Contract, and the Pursuit of Happiness. See, Grotius, Natural

    Law (1625), Magna Charta (British Constitution 1215), Declaration of Independence

    (1776), the Magna Charta Clause of the Maryland Contitution, the Pennsylvania

    Constitution, the Pennsylvania Charter of 1681 (all laws to be valid must be reasonable in

    content, scope, and application). The foregoing Natural Law Rights are also enforceable

    under the Substantive Due Process Clause of the United States Constitution. See,

    Lochner vs. New York (United States Supreme Court 1905). Natural Rights are

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    enforceable against both government, as well as private persons. Magna Charta, Grotius.

    If fact, Grotius himself states that God himself cannot divest any person of their Natural

    Rights under Natural Law, and this of course means that no one else can either.

    The Neuremberg Code is based upon the Natural Rights of Life, Liberty, and the

    Pursuit of Happiness that all persons have, especially all Americans, enforceable under

    the Declaration of Independence with is incorporated by implicit reference into the

    United States Constitution. Thus, American Federal and State Criminal Common Law

    provides Criminal Penalties for any person, or group of persons, or any organization

    which violate the provisions of the Neuremberg Code:

    The Neuremberg Code provides, the standards for any allegedly legal, acts of

    human experimentation as follows:

    1. The voluntary consent of the proposed human test subject is required. Where no

    lawful and valid consent of the proposed test subject is obtained, those running the

    experiment are guilty of the crimes of Treason, Penury, Criminal Battery, and

    Attemped Murder.

    2. The proposed human test subject and only the proposed human test subject can

    consent to any proposed medical experiment on that person or his or her body.

    3. A guardian or other person such as a parent, cannot consent to medical

    experimentation on the proposed human test subject.

    4. The consent to medical experimentation given by the proposed human test subject

    cannot be given if the person is mentally ill or mentally retarded. The proposed

    consent by the proposed test subject cannot involve any duress based upon any

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    threat of: force, fraud, deceit, over-reaching, psychological or physical coercion,

    and no physical constraint or threat of physical constraint.

    5. Any alleged consent by the proposed test subject must be objectively reasonable in

    order to be valid.

    6. The proposed experiment cannot involve physical or mental harm to the proposed

    test subject.

    7. The proposed experiment cannot involve any probable death or physical injury to

    the proposed test subject.

    8. Assuming the medical experiment has started, the test subject cannot withdraw his

    or her consent at any time, and the experiment must be immediately terminated.

    Given the foregoing, it is absolutely clear that no mentally ill person can be

    subject to any proposed medical experiment. And, it is even more clear that no

    mentally ill person can be subject to a proposed medical experiment which would in

    any way harm the mentally ill person, psychologically or physically.