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8/8/2019 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.