I see both sides of the argument, and it another example of why I don't like to deal in absolutes in which one set of rules and procedures are deemed fit for all situations.
The philosophy behind NOT allowing the organs to be used, even if the death-row inmate consents, is that how can one ever really be sure that a person that is incarcerated really is acting according to his or her own free will? Can they really consent when they have no real freedoms.
Now, of course, I think that a person on death row can, and many probably would, be able to make that decision without bias, without pressure, and with eyes-wide-open. Can all, in all situations? Probably not.
Seems to me that if they simply employed an unbiased social worker with a psychiatry background that a few interviews of the innmate, over time (a few months, years) should be able to determine mental state, pressures, etc. If that social worker deems the innmate fit to make that decisions, unpressured, then so be it.
The only thing I don't think should be allowed is that the innmate, nor his families should receive no compensation (directly or indirectly) for the donation. The article doesn't imply that, but there is already a precedent that a murder nor his family can profit, directly nor indirectly from their crime.
TJR