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The experiment should be so designed and based on the results of animal experimentation and a knowledge of the natural history of the disease or other problem under study that the anticipated results will justify the performance of the experiment.Ĥ. The experiment should be such as to yield fruitful results for the good of society, unprocurable by other methods or means of study, and not random and unnecessary in nature.ģ. It is a personal duty and responsibility which may not be delegated to another with impunity.Ģ. The duty and responsibility for ascertaining the quality of the consent rests upon each individual who initiates, directs or engages in the experiment. This latter element requires that before the acceptance of an affirmative decision by the experimental subject there should be made known to him the nature, duration, and purpose of the experiment the method and means by which it is to be conducted all inconveniences and hazards reasonably to be expected and the effects upon his health or person which may possibly come from his participation in the experiment.
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This means that the person involved should have legal capacity to give consent should be so situated as to be able to exercise free power of choice, without the intervention of any element of force, fraud, deceit, duress, over-reaching, or other ulterior form of constraint or coercion and should have sufficient knowledge and comprehension of the elements of the subject matter involved as to enable him to make an understanding and enlightened decision. The voluntary consent of the human subject is absolutely essential. All agree, however, that certain basic principles must be observed in order to satisfy moral, ethical and legal concepts:ġ. The protagonists of the practice of human experimentation justify their views on the basis that such experiments yield results for the good of society that are unprocurable by other methods or means of study. The great weight of the evidence before us is to the effect that certain types of medical experiments on human beings, when kept within reasonably well-defined bounds, conform to the ethics of the medical profession generally.
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Nevertheless, it remains a landmark document on medical ethics and one of the most lasting products of the "Doctors Trial."
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The uncertain use of the code continued in the half century following the trial when it informed numerous international ethics statements but failed to find a place in either the American or German national law codes. Thus the legal force of the document was not well established. Subsequently, the ten points became known as the "Nuremberg Code." Although the code addressed the defense arguments in general, remarkably none of the specific findings against Brandt and his codefendants mentioned the code. The verdict of August 19 reiterated almost all of these points in a section entitled "Permissible Medical Experiments" and revised the original six points into ten. Alexander submitted a memorandum to the United States Counsel for War Crimes which outlined six points defining legitimate research. Andrew Ivy and Leo Alexander, American doctors who had worked with the prosecution during the trial.
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Furthermore they showed that no international law or informal statement differentiated between legal and illegal human experimentation. Several German doctors had argued in their own defense that their experiments differed little from previous American or German ones. Before announcing the guilt or innocence of each defendant, they confronted the difficult question of medical experimentation on human beings. On August 19, 1947, the judges of the American military tribunal in the case of the USA vs.