Prom Mom Killers: the Impact of Blame Shift and Distorted Statistics on Punishment for Neonaticide
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The Right to End-Of-Life Palliative Care and a Dignified Death 1
THE RIGHT TO END-OF-LIFE PALLIATIVE CARE AND A DIGNIFIED DEATH 1 CONTRIBUTION FROM UN-ECLAC FOR THE EXPERT GROUP MEETING ON “CARE AND OLDER PERSONS: LINKS TO DECENT WORK, MIGRATION AND GENDER” 5-7 December 2017 United Nations Headquarters, New York – Secretariat Building, Conference Room S -2725 1. The right to life and dignity in old age The approach of death involves a number of activities, as different practicalities pertaining to the end of life have to be organized. It is essential for these activities —which are carried out by family members, caregivers and medical personnel, among others— to meet standards that ensure appropriate living conditions until such time as clinical and biological death supervenes. Older persons are among the most vulnerable to death. Their position in the age structure of society becomes almost by default a predictor of their demise. This social construction of old age prompts a particular way of treating the elderly: “The social structures in which [older persons] are involved are oriented to the fact of their forthcoming death; their families have become increasingly independent of them; the scope of references to the ‘future’ has progressively narrowed; ‘dying’ is of considerably less consequence for others, e.g., it is not felt to be a matter which requires drastic revision of others’ life plans, as does the ‘fact’ that a young adult is dying” (Sudnow, 1967).2 Older persons are sometimes treated like cadavers even when they are, clinically and biologically, still alive. This occurs especially in cases where they are dying or suffering from terminal illnesses, although they do not necessarily have to be in this predicament to receive degrading treatment. -
Protecting Native Mothers and Their Children: a Feminist Lawyerin
William Mitchell Law Review Volume 40 | Issue 3 Article 4 2014 Protecting Native Mothers and Their hiC ldren: A Feminist Lawyering Approach Joanna Woolman Mitchell Hamline School of Law, [email protected] Sarah Deer Mitchell Hamline School of Law, [email protected] Follow this and additional works at: http://open.mitchellhamline.edu/wmlr Recommended Citation Woolman, Joanna and Deer, Sarah (2014) "Protecting Native Mothers and Their hiC ldren: A Feminist Lawyering Approach," William Mitchell Law Review: Vol. 40: Iss. 3, Article 4. Available at: http://open.mitchellhamline.edu/wmlr/vol40/iss3/4 This Article is brought to you for free and open access by the Law Reviews and Journals at Mitchell Hamline Open Access. It has been accepted for inclusion in William Mitchell Law Review by an authorized administrator of Mitchell Hamline Open Access. For more information, please contact [email protected]. © Mitchell Hamline School of Law Woolman and Deer: Protecting Native Mothers and Their Children: A Feminist Lawyerin PROTECTING NATIVE MOTHERS AND THEIR CHILDREN: A FEMINIST LAWYERING APPROACH Joanna Woolman† and Sarah Deer†† I. INTRODUCTION ...................................................................... 944 II. BACKGROUND: NATIVE AMERICAN EXPERIENCES WITH CHILD PROTECTIVE SERVICES ................................................ 947 A. Precolonial Native Motherhood .......................................... 947 B. Colonization and Native Mothers ....................................... 950 1. -
Physician-Assisted Suicide and Voluntary Euthanasia: Some Relevant Differences John Deigh
Journal of Criminal Law and Criminology Volume 88 Article 14 Issue 3 Spring Spring 1998 Physician-Assisted Suicide and Voluntary Euthanasia: Some Relevant Differences John Deigh Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation John Deigh, Physician-Assisted Suicide and Voluntary Euthanasia: Some Relevant Differences, 88 J. Crim. L. & Criminology 1155 (Spring 1998) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. 0091-4169/98/8803-1155 THE JOURNAL OF CRIMINAL LAW& CRIMINOLOGY Vol. 88, No. 3 Copyright 0 1998 by Northwestern University, School of Law Prinfd in U.SA. PHYSICIAN-ASSISTED SUICIDE AND VOLUNTARY EUTHANASIA: SOME RELEVANT DIFFERENCES JOHN DEIGH" Yale Kamisar, in a series of influential articles on physician- assisted suicide and voluntary active euthanasia, has written elo- quently in opposition to legalizing these practices.1 Today he revisits the first of these articles, his seminal 1958 article, Some Non-Religious Views Against Proposed "Mercy-Killing"Legislation. 2 In that paper Professor Kamisar used the distinction between the law on the books and the law in action to quiet concerns about the harsh consequences of a blanket prohibition on mercy kill- ing. A blanket prohibition, after all, if strictly applied, would impose criminal punishment on physicians and relatives whose complicity in bringing about the death of a patient, or loved one was justified by the dying person's desperate condition and lucid wish to die. -
EUTHANASIA and RELIGION the Advance of Technologies to Prolong Life and Control Dying Can Raise Agonizing Moral Dilemmas
Article 32 EUTHANASIA AND RELIGION The advance of technologies to prolong life and control dying can raise agonizing moral dilemmas. What guidance is offered by the great world religions? Courtney S. Campbell In “The Parable of the Mustard Seed”, the Buddha choices, religious traditions and values can offer guid- teaches a lesson that is valid for all cultures: human be- ance and insight, if not solutions. ings receive no exemption from mortality. Deep in the Historically, religious communities have sought to ap- throes of grief after the death of her son, a woman seeks propriate death within the life cycle through rituals of re- wisdom from the Buddha, who says that he does indeed membrance, and religious teachings have emphasized have an answer to her queries. Before giving it, however, that death brings meaning to mortality. The process of he insists that she must first collect a grain of mustard dying is often portrayed as an invitation to spiritual in- seed from every house that has not been touched by sight and a key moment in the cultivation of spiritual death. She canvasses her entire community, but fails to identity. collect a single seed. Returning to the Buddha, she un- derstands that, like all other living beings, we are des- tined to die. Judaism, Christianity and Islam Death is a defining characteristic of human experience. Yet, while the event of death remains elusively beyond basically address ethical issues human control, the process of dying has increasingly concerning the end of life from a been brought into the domain of medicine and life- extending technologies. -
SUBJECT: Euthanasia
Public Shelter Protocol Ver 1.0 Effective Date: 6/27/2012 SUBJECT: Euthanasia POLICY: Euthanasia is reserved only for situations involving animals that cannot be safely handled – either because of aggression or contagious disease, or in situations where the animal is suffering and a reasonable level of treatment would not be effective at providing a good quality of life. Prior to a euthanasia decision being made, all other options are explored including: return to owner (if an owner can be identified), adoption, transfer to a rescue group or shelter capable of providing better care and/or rehabilitation, and treatment. Identification of Animals to be Euthanized All animals that become the property of the Public Shelter (after legally required hold times) will be considered adoptable until they have been determined otherwise through a medical and/or behavioral evaluation as per the policies and procedures in effect. Medical Conditions The medical staff (Veterinarian, Veterinary Technician, and/or trained staff) will evaluate each animal for any medical problems and determine if an animal is medically adoptable. The medical exam will be done based on a physical exam checklist which will be included in the animal’s record. This exam will include body score and pain assessment. The medical evaluation will be done as soon as the medical staff is available. In the event that a supervisor is unavailable and an emergency occurs where an animal is suffering greatly, the Euthanasia Request Form can be completed by three available staff and photo documentation may be attached to the form. Any medical problems noted by the medical staff will then be assessed to note if this is a resolvable medical problem based on severity and resources available. -
Child Death Investigations
Jim Holler, Jr. Holler Training Chief of Police, Liberty Township Police Department (Retired) (717)752-4219 Email: [email protected] www.hollertraining.com Gentle Homicides Course Outline Homicide Risk Among Infants ✓ Infants are at greatest risk for homicide during the first week of infancy and the first day of life. ✓ Among homicides during the first week of life, 82.6% occurred on the day of birth. ✓ The second highest peak in risk for infant homicide occurs during the eighth week of life ✓ Among homicides during the first week of life, 89% of perpetrators are female, usually the mother. ✓ If an infant is killed after the first 24 hours, the mother is no longer the primary suspect ✓ Prime suspects: husband, father, or boyfriend, perhaps working together with the mother to accomplish the end. ✓ Younger children, especially under the age of five. ✓ Parents or caregivers who are under the age of 30. ✓ Low income, single-parent families experiencing major stresses. ✓ Children with emotional and health problems. ✓ Lack of suitable childcare. ✓ Substance abuse among caregivers. ✓ Parents and caregivers with unrealistic expectations of child development and behavior. ✓ Children left with male caregivers who lack emotional attachment to the child Neonaticide The deliberate killing of a child within 24 hours of its birth and almost always committed by the mother. ✓ Because most perpetrators claim that the child was stillborn, forensic experts must determine whether or not the child was alive at birth. ✓ The presence of milk or food in the stomach obviously indicates that the child had been alive for some period of time. ✓ The hydrostatic test is traditionally used to determine if a child has breathed. -
The Right to Assisted Suicide and Euthanasia
THE RIGHT TO ASSISTED SUICIDE AND EUTHANASIA NEIL M. GORSUCH* I. INTRODUCTION ........................................................ 600 I. THE COURTS ............................................................. 606 A. The Washington Due Process Litigation............ 606 1. The Trial Court ...................... 606 2. The Ninth Circuit Panel Decision ............. 608 3. The En Banc Court ...................................... 609 B. The New York Equal ProtectionLitigation ........ 611 1. The Trial Court ........................................... 611 2. The Second Circuit ..................................... 612 C. The Supreme Court............................................. 613 1. The Majority Opinion ................................. 614 2. The Concurrences ....................................... 616 D. The Consequences ofGlucksberg and Quill .... 619 III. ARGUMENTS FROM HISTORY ................................... 620 A. Which History?................................................... 620 B. The Ancients ....................................................... 623 C. Early Christian Thinkers .................................... 627 D. English Common Law ......................................... 630 E. ColonialAmerican Experience........................... 631 F. The Modern Consensus: Suicide ........................ 633 G. The Modern Consensus: Assisting Suicide and Euthanasia.......................................................... 636 IV. ARGUMENTS FROM FAIRNESS .................................. 641 A . Causation........................................................... -
The Signal Newsletter of the World Association for Infant Mental Health
Vol. 20, No. 1 | January–March 2012 THE SIGNAL Newsletter of the World Association for Infant Mental Health The father-child activation relationship: a new theory to understand the development of infant mental health By Daniel Paquette, Ph. D. exploration system that fosters the child’s the world (Paquette et al., 2009). According School of psychoeducation, knowledge acquisition and adaptation to Le Camus (2000), paternal roles can be University of Montreal to unfamiliar environments. Children grouped together under the function of regularly seek comfort through contact opening children to the outside world. The activation relationship theory is a with attachment figures when tired, Fathers act as catalysts for risk-taking, complement to the attachment theory. hungry, sick or afraid or when feeling inciting children to use initiative in According to John Bowlby (1969), insecure in the presence of novelty, and unfamiliar situations, to explore, take attachment consists of two opposing, this comfort provides them with the chances, overcome obstacles, be braver complementary behaviour systems: 1) necessary confidence to explore their in the presence of strangers, and stand up the proximity behaviour system that environment further. The Strange Situation for themselves (Paquette, 2004a, 2004b; ensures the child’s protection and 2) the Procedure (SSP) developed by Mary Paquette, Eugène, Dubeau & Gagnon, Ainsworth and colleagues (1978) has made 2009). This function of opening children it possible to assess the quality of the to the world is also mediated by language. Contents attachment relationship in children ages Studies have shown that fathers play the Paquette: The father-child activation 12-18 months by focusing more on the role of a linguistic bridge to the outside relationship: a new theory to understand the secure base than on the parent’s response world by using more complex forms of development of infant mental health ............1 to the baby’s need for stimulation in language (by referring to past events, exploratory contexts. -
A Review of Maternal and Paternal Filicide
REGULAR ARTICLE A Review of Maternal and Paternal Filicide Dominique Bourget, MD, Jennifer Grace, MA, and Laurie Whitehurst, PhD Filicide, the murder of a child by a parent, is a multifaceted phenomenon with various causes and characteristics. This review of the existing literature delineates the present state of knowledge regarding filicide and illustrates similarities and differences between offenses perpetrated by mothers and by fathers. The importance of numerous reports of an association between filicide and parental pre-existing psychiatric disorders is compounded by indications that a significant number of homicidal parents come to the attention of psychiatrists or other health professionals before the offense occurs. As prevention implies the recognition of causes involved in particular situations, a better understanding of potentially fatal parental/familial dynamics leading to filicide could facilitate the identification of risk and enable effective intervention strategies. J Am Acad Psychiatry Law 35:74–82, 2007 The terms filicide, neonaticide, and infanticide have Classifying Filicide been used interchangeably in the literature on child In attempts to determine reasons for child murder homicide. Filicide is the murder of a child by a par- by parents, several authors have proposed general ent, while neonaticide specifies the killing of a child classification systems that categorize cases based on the day of birth. Although infanticide is often mostly on perceived motive or on the source of the used to refer to child homicide, the term has medi- impulse for the parent’s homicidal act.5–9 Resnick5 colegal implications and applies mainly to the killing was the first to propose a classification based on mo- of a child under the age of 12 months by a mother who has not fully recovered from the effects of preg- tive: altruism, acute psychosis, unwanted child, acci- nancy and lactation and suffers some degree of men- dent, and spousal revenge. -
The Representation of Neonaticide in the Media
MEDIA REPRESENTATION OF MATERNAL NEONATICIDE A Thesis by JOCELYN RENEE LEWIS Submitted to Office of Graduate Studies of Texas A&M University in partial fulfillment of the requirements for the degree of MASTER OF SCIENCE May 2008 Major Subject: Sociology MEDIA REPRESENTATION OF MATERNAL NEONATICIDE A Thesis by JOCELYN RENEE LEWIS Submitted to Office of Graduate Studies of Texas A&M University in partial fulfillment of the requirements for the degree of MASTER OF SCIENCE Approved by: Chair of Committee, Sarah N. Gatson Committee Members, Holly Foster Antonio La Pastina Head of Department, Mark Fossett May 2008 Major Subject: Sociology iii ABSTRACT Media Representation of Maternal Neonaticide. (May 2008) Jocelyn Renee Lewis, B.S., Texas A&M University Chair of Advisory Committee: Dr. Sarah N. Gatson The present research conducted a rich discourse analysis of an episode of the fictional television crime drama, Law & Order: Special Victims Unit, as well as a content analysis of local and national news transcripts focusing on the representation of mothers who commit neonaticide. Both fictional and non-fictional media sources exhibited aspects of the monstrous maternal theme and the strain defense theme. The monstrous maternal theme consists of words and statements that indicate the descriptions of crime committed against the newborn as well as negative responses and reactions by others to the young mother and her crime. The strain defense theme refers to instances that discuss the internal and external strains of the young woman that may have contributed to her committing neonaticide. However, the “monstrous maternal” is the prevailing representation of mothers who commit neonaticide in both fictional and non- fictional media sources. -
Voluntary Active Euthanasia: Is There a Place for It in Modern Day Medicine?
CPD Article CPD Article Voluntary active euthanasia: Is there a place for it in modern day medicine? a Ogunbanjo GA, FCFP(SA), MFamMed, FACRRM, FACTM b Knapp van Bogaert D, PhD, Dphil a Department of Family Medicine and PHC, Faculty of Health Sciences, University of Limpopo (Medunsa Campus), Pretoria b Steve Biko Centre for Bioethics, Faculty of Health Sciences School of Clinical Medicine, University of the Witwatersrand, Johannesburg Correspondence to: Prof GA Ogunbanjo, e-mail: [email protected] or Prof D Knapp van Bogaert, e-mail: [email protected] Abstract This article discusses various ethical and legal concepts regarding euthanasia and includes concepts like physician assisted suicide, assisted suicide, voluntary active euthanasia, killing vs. letting die, indirect euthanasia and terminal sedation. Is there a difference if death is only foreseen but not intended? This article opens up the debate and addresses pertinent issues for the family practitioner. This article has been peer reviewed. Full text available at www.safpj.co.za SA Fam Pract 2008;50(3):38-39 Introduction in which the death is caused.6 Others insist that there is a morally fundamental difference between omission and commission, between Euthanasia is usually defined as a good (eu) death (thanasia). To killing and letting die.7 be good, death should be desired and it ought to be peaceful and painless. The concept of euthanasia would not apply to a person who Voluntary active euthanasia (VAE) refers to a clearly competent patient slips away peacefully and painlessly without any intervention after a making a voluntary and persistent request for aid in dying.8 In this case fulfilled life because euthanasia involves an intervention by the person, the individual or a person acting on that individual’s behalf (physician or by a person acting on his or her behalf to hasten a wanted death. -
Medical Aid in Dying Is NOT Suicide, Assisted Suicide Or Euthanasia
Medical Aid in Dying Is NOT Suicide, Assisted Suicide or Euthanasia Medical aid in dying is fundamentally stricken with life-ending illnesses. They feel different from euthanasia. While both deeply offended when the medical practice is practices are designed to bring about a referred to as suicide or assisted suicide. peaceful death, the distinction between the two comes down to who administers the means to Leading medical organizations reject that peaceful death. Euthanasia is an intentional the term “physician-assisted suicide.” act by which another person (not the dying The American Academy of Hospice and person) administers the medication. By contrast, Palliative Medicine, American Medical Women’s medical aid in dying requires the patient to be Association, American Medical Student Associa- able to take the medication themselves and tion, American Academy of Family Physicians and therefore always remain in control. Euthanasia is American Public Health Association have all illegal throughout the United States. adopted policies opposing the use of the terms “suicide” and “assisted suicide” to describe the State legislatures and courts in states medical practice of aid in dying. The American where the practice is authorized Association of Suicidology, a nationally recognized recognize medical aid in dying as organization that promotes prevention of suicide differing from suicide, assisted suicide or through research, public awareness programs, euthanasia. Euthanasia and assisted suicide are education and training comprised of respected