Self-Determination, Dignity and End-Of-Life Care
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A History of the Law of Assisted Dying in the United States
SMU Law Review Volume 73 Issue 1 Article 8 2020 A History of the Law of Assisted Dying in the United States Alan Meisel University of Pittsburgh, [email protected] Follow this and additional works at: https://scholar.smu.edu/smulr Part of the Health Law and Policy Commons, Jurisprudence Commons, and the Legal History Commons Recommended Citation Alan Meisel, A History of the Law of Assisted Dying in the United States, 73 SMU L. REV. 119 (2020) https://scholar.smu.edu/smulr/vol73/iss1/8 This Article is brought to you for free and open access by the Law Journals at SMU Scholar. It has been accepted for inclusion in SMU Law Review by an authorized administrator of SMU Scholar. For more information, please visit http://digitalrepository.smu.edu. A HISTORY OF THE LAW O F ASSISTED DYING IN THE UNITED STATES Alan Meisel* TABLE OF CONTENTS I. INTRODUCTION ........................................ 120 II. TERMINOLOGY ........................................ 120 III. HISTORY OF THE LAW OF CRIMINAL HOMICIDE . 123 A. THE LAW S O F SUICIDE AND ATTEMPTED SUICIDE ..... 124 B. THE LAW O F ASSISTED SUICIDE ....................... 125 IV. THE MODERN AMERICAN LAWS OF HOMICIDE, SUICIDE, ATTEMPTED SUICIDE, AND ASSISTED SUICIDE ................................................. 125 V. EUTHANASIA AND ASSISTED SUICIDE FOR THE TERMINALLY ILL ...................................... 127 A. NINETEENTH AND EARLY TWENTIETH CENTURY ...... 127 B. THE RENEWAL OF THE DEBATE, POST-WORLD WAR II ............................................... 129 C. THE EFFECT OF MEDICAL TECHNOLOGY AND THE “RIGHT TO DIE” ...................................... 130 D. THE “RIGHT TO DIE” AS A TRANSITIONAL STAGE TO ACTIVELY HASTENING DEATH ........................ 132 VI. THE GULF BETWEEN THEORY AND PRACTICE . 135 A. PROSECUTION OF LAY PEOPLE ....................... -
191-Greg-Donnelly.Pdf
LE G I S LA TI V E A S S EM B LY FO R TH E AU S TR A LI A N CA PI TA L TER RI TO R Y SELECT COMMITTEE ON END OF LIFE CHOICES IN THE ACT Ms Bec Cody MLA (Chair), Mrs Vicki Dunne MLA (Deputy Chair) , Ms Tara Cheyne MLA, Mrs Elizabeth Kikkert MLA, Ms Caroline Le Couteur MLA. Submission Cover Sheet End of Life Choices in the ACT Submission Number : 191 Date Authorised for Publication : 29/3/18 LEGISLATIVE COUNCIL The Honourable Greg Donnelly MLC 9th March 2018 Committee Secretary Select Committee on End of Life Choices in the ACT Legislative Assembly for the ACT GPO Box 1020 CANBERRA ACT 2601 Dear Committee Secretary, RE: Inquiry into End of Life Choices in the ACT My name is Greg Donnelly and I am a member of the New South Wales Legislative Council. As the Committee may be aware, late last year the New South Wales Legislative Council debated a bill that provided for physician-assisted suicide and euthanasia. The bill was entitled the Voluntary Assisted Dying Bill 2017. The following link will take you to the webpage relating to the bill https://www.parliament.nsw.gov.au/bills/Pages/bill-detai1s.aspx?pk=3422. The bill was debated, voted on and defeated. As you would expect both MLCs and MLAs received a significant number of submissions and letters from organisations and constituents expressing serious concerns regarding the proposed legislation and calling on both Houses to unanimously oppose the bill. With respect to the submissions and letters, they dealt with both the broader concerns relating to physician-assisted suicide and euthanasia legislation as well as particular deficiencies and shortcomings regarding the bill that was before the Parliament. -
Euthanasia: a Review on Worldwide Legal Status and Public Opinion
Euthanasia: a review on worldwide legal status and public opinion a b Garima Jain∗ , Sanjeev P. Sahni∗ aJindal Institute of Behavioural Sciences, O.P. Jindal Global University, India bJindal Institute of Behavioural Sciences, O.P. Jindal Global University, India Abstract The moral and ethical justifiability of euthanasia has been a highly contentious issue. It is a complex concept that has been highly discussed by scholars all around the world for decades. Debates concerning euthanasia have become more frequent during the past two decades. The fact that polls show strong public support has been used in legislative debates to justify that euthanasia should be legalised. However, critics have questioned the validity of these polls. Nonetheless, the general perceptions about life are shifting from a ‘quantity of life’ to a ‘quality of life approach’, and from a paternalist approach to that of the patient’s autonomy. A ‘good death’ is now being connected to choice and control over the time, manner and place of death. All these developments have shaped discussion regarding rights of the terminally ill to refuse or discontinue life- sustaining efforts or to even ask for actively ending their life. Key words: euthanasia, ethics, public opinion, law. 1. Background The moral and ethical justifiability of euthanasia has been a highly contentious issue. It is a complex concept that has been highly discussed by scholars all around the world for decades. One of the earliest definitions of euthanasia, by Kohl and Kurtz, states it as “a mode or act of inducing or permitting death painlessly as a relief from suffering” (Beauchamp & Davidson, 1979: 295). -
Factors Influencing Individuals Attitudes Toward Voluntary Active
AN ABSTRACT OF THE THESIS OF Donna A Champeau for the degree of Doctor of Philosophy in Public Health presented on November 23, 1994. Title: Factors Influencing Individual Attitudes Toward Voluntary Active Euthanasia and Physician Assisted Suicide. Redacted for privacy Abstract approved: Rebecca J. Donate lle Issues of right to life, as well as death have surfaced as topics of hot debate. In particular, questions about when and if individuals have the right to end their own lives have emerged and gained considerable attention as health policy issues having the potential to affect all Americans.. The purpose of this study was to identify the factors that are most likely to influence an individual's decision to support or not support voluntary active euthanasia (VAE) and physician assisted suicide (PAS) in specific medical situations. This study also examined the differences in medical vignettes by various demographic and attitudinal factors. Data were collected from a sample of classified staff members at two institutions of higher learning in Oregon. A survey was used to collect all data. Paired sample T- tests, stepwise multiple regression analysis and repeated measures multiple analysis of variance (MANOVA) were used to analyze the data. Based on survey results, there were significant differences in attitudes toward PAS and VAE for each medical vignette. Religious beliefs, fear of dependency, and fear of death were the most powerful predictors of individual support for PAS in each medical situation. In the case of VAE, there were differences in support on each medical situation in terms of the most powerful predictors: fear of dependency and religious beliefs for the cancer vignette, fear of dependency, religious beliefs, and age for the ALS vignette, and religious beliefs and fear of dependency for the paralysis vignette. -
Report X Terminology Xi Acknowledgments Xii
Senate Legal and Constitutional Legislation Committee Consideration of Legislation Referred to the Committee Euthanasia Laws Bill 1996 March 1997 The Parliament of the Commonwealth of Australia Senate Legal and Constitutional Legislation Committee Consideration of Legislation Referred to the Committee Euthanasia Laws Bill 1996 March 1997 © Commonwealth of Australia 1997 ISSN 1326-9364 This document was produced from camera-ready copy prepared by the Senate Legal and Constitutional Legislation Committee, and printed by the Senate Printing Unit, Department of the Senate, Parliament House, Canberra. Members of the Legislation Committee Members Senator E Abetz, Tasmania, Chair (Chair from 3 March 1997) Senator J McKiernan, Western Australia, Deputy Chair Senator the Hon N Bolkus, South Australia Senator H Coonan, New South Wales (from 26 February 1997: previously a Participating Member) Senator V Bourne, New South Wales (to 3 March 1997) Senator A Murray, Western Australia (from 3 March 1997) Senator W O’Chee, Queensland Participating Members All members of the Opposition: and Senator B Brown, Tasmania Senator M Colston, Queensland Senator the Hon C Ellison, Western Australia (from 26 February 1997: previously the Chair) Senator J Ferris, South Australia Senator B Harradine, Tasmania Senator W Heffernan, New South Wales Senator D Margetts, Western Australia Senator J McGauran, Victoria Senator the Hon N Minchin, South Australia Senator the Hon G Tambling, Northern Territory Senator J Woodley, Queensland Secretariat Mr Neil Bessell (Secretary -
22 October 2017 the Principal Research Officer Select Committee
EOLC Sub 680 Rec'd 22/10/2017 22 October 2017 The Principal Research Officer Select Committee on End of Life Choices Legislative Assembly Parliament House PERTH WA 6000 Email [email protected] Dear Principal Research Officer RE WHY EUTHANASIA HAS NO PLACE IN AUSTRALIA WHY EUTHANASIA SUPPORTERS MUST FALL ON THEIR OWN SWORD WHY EUTHANASIA IN ANY OF ITS FORMS SHOULD NOT BE PERMITTED WHY EUTHANASIA MUST NOT SEE THE SUNSET ON THIS, THE LONGEST DAY My name is David Foletta. I am a solicitor admitted to practice in the State of New South Wales. MY SUBMISSIONS It is my pleasure to make submissions to the Inquiry into the need for laws in Western Australia to allow citizens to make informed decisions regarding their own end of life choices (Inquiry). MY POSITION ON EUTHANASIA I oppose all forms of euthanasia. EVANGELICALISM NOT THE ONLY REASON FOR OPPOSITION I hold to a Christian ethic, however, as the committee will see, I hold opposition for reasons that people who have a range of responses to questions of theology could also agree with. CONSENT TO PUBLICATION I give my consent to the public disclosure of this letter, the email serving this letter and all attachments to this letter. In my respectful submission, I actually consider that the public disclosure of the contents of my submissions is vital to the safeguarding of people in Western Australia and by consequence, all people around Australia. IN PERSON ATTENDANCE AT PUBLIC HEARING I am willing to travel to Western Australia to attend a public hearing in person. -
Life and Learning Xix
LIFE AND LEARNING XIX PROCEEDINGS OF THE NINETEENTH UNIVERSITY FACULTY FOR LIFE CONFERENCE at THE UNIVERSITY OF ST. THOMAS SCHOOL OF LAW MINNEAPOLIS, MINNESOTA 2009 edited by Joseph W. Koterski, S.J. KOTERSKI LIFE AND LEARNING XIX UFL University Faculty for Life University Faculty for Life was founded in 1989 to promote research, dialogue, and publication among faculty members who respect the value of human life from its inception to natural death, and to provide academic support for the pro-life position. Respect for life is especially endangered by the current cultural forces seeking to legitimize such practices as abortion, infanticide, euthanasia, and physician-assisted suicide. These topics are controversial, but we believe that they are too important to be resolved by the shouting, the news-bites, and the slogans that often dominate popular presentation of these issues. Because we believe that the evidence is on our side, we would like to assure a hearing for these views in the academic community. The issues of abortion, infanticide, and euthanasia have many dimensions–political, social, legal, medical, biological, psychological, ethical, and religious. Accordingly, we hope to promote an inter-disciplinary forum in which such issues can be discussed among scholars. We believe that by talking with one another we may better understand the values we share and become better informed in our expression and defense of them. We are distressed that the media often portray those favoring the value of human life as mindless zealots acting out of sectarian bias. We hope that our presence will change that image. We also believe that academicians united on these issues can encourage others to speak out for human life in their own schools and communities. -
Thesis Final
In Pursuit of a Good Death: Responding to Changing Sensibilities in the Context of the Right to Die Debate A thesis submitted in fulfilment of the requirements for the degree of Doctor of Juridical Studies at the University of Sydney VICTORIA HILEY The Faculty of Law University of Sydney January 2008 ABSTRACT This thesis challenges a number of claims that are made in the context of the euthanasia debate: that there is only one version of the good death; that rights discourse is the most appropriate vehicle by which to secure legal recognition of a right to die; that the Netherlands is either a model for reform or the epitome of a slippery slope in its regulation of euthanasia; and that a key argument in the euthanasia debate, the sanctity of life doctrine, is a fixed, immutable concept. In this thesis I use process sociology, developed by Norbert Elias, in order to capture changing sensibilities toward death and dying in the common law jurisdictions (Australia, England, the United States of America, Canada and New Zealand) and in the Netherlands. At the same time I analyse changing attitudes among key groups whose work impacts upon the euthanasia debate namely, parliamentarians, law reform bodies, the judiciary and medical associations. My aim in adopting this approach is threefold. First of all, to examine evolving attitudes to death and dying in order to determine whether the institutions of law and medicine are responding in an adequate manner to changing sensibilities in the common law countries and in the Netherlands. Secondly, to highlight shifting balances of power within the euthanasia debate. -
Australia's Northern Territory: the First Jurisdiction to Legislate Voluntary Euthanasia, and the First to Repeal It
DePaul Journal of Health Care Law Volume 1 Issue 3 Spring 1997: Symposium - Physician- Article 8 Assisted Suicide November 2015 Australia's Northern Territory: The First Jurisdiction to Legislate Voluntary Euthanasia, and the First to Repeal It Andrew L. Plattner Follow this and additional works at: https://via.library.depaul.edu/jhcl Recommended Citation Andrew L. Plattner, Australia's Northern Territory: The First Jurisdiction to Legislate Voluntary Euthanasia, and the First to Repeal It, 1 DePaul J. Health Care L. 645 (1997) Available at: https://via.library.depaul.edu/jhcl/vol1/iss3/8 This Article is brought to you for free and open access by the College of Law at Via Sapientiae. It has been accepted for inclusion in DePaul Journal of Health Care Law by an authorized editor of Via Sapientiae. For more information, please contact [email protected]. AUSTRALIA'S NORTHERN TERRITORY: THE FIRST JURISDICTION TO LEGISLATE VOLUNTARY EUTHANASIA, AND THE FIRST TO REPEAL IT AndreivL. Plattner INTRODUCTION On May 25, 1995, the legislature for the Northern Territory of Australia enacted the Rights of the Terminally Ill Act,' [hereinafter referred to as the Act] which becane effective on July 1, 1996.2 However, in less than a year, on March 25, 1997, the Act was repealed by the Australian National Assembly.3 Australia's Northern Territory for a brief time was the only place in the world where specific legislation gave terminally ill patients the right to seek assistance from a physician in order to hasten a patient's death.4 This Article provides a historical account of Australia's Rights of the Terminally Ill Act, evaluates the factors leading to the Act's repeal, and explores the effect of the once-recognized right to assisted suicide in Australia. -
Submission to Inquiry Into Voluntary Assisted Dying
Submission to Inquiry into Voluntary Assisted Dying Joint Committee | South Australia | August 2019 This is page is left blank intentionally to allow for double-sided printing 2 “Palliative care services are not offering what a percentage of their patients desperately need. Palliative care has become a mantra chanted by … politicians and religious organisations opposing euthanasia.” − Clive Deverall, founder of Palliative Care WA “While pain and other symptoms can be helped, complete relief of suffering is not always possible, even with optimal palliative care.” – Palliative Care Australia “It is not the role of any health care team to suggest its ministrations can give meaning, purpose and dignity to a dying person’s remaining life if that person feels that these are irretrievably lost … palliative care is a model of care, not a moral crusade.” − Professor Michael Ashby, Director, Palliative Care, Tasmanian Health Service 3 This is page is left blank intentionally to allow for double-sided printing 4 What’s in this Submission INTRODUCTION Page 7 PART A What The Evidence Shows Page 9 The need for Voluntary Assisted Dying laws in Australia PART B Assisted Dying In South Australia Today Page 15 An incoherent, largely unregulated, and inequitable legal situation PART C Beyond Pain Page 31 Why more resources for palliative care alone will not address the need for Voluntary Assisted Dying PART D Responding To Key Arguments Against VAD Page 59 PART E Fear. Uncertainty. Doubt. Page 81 Tactics used to create an alarmist picture of assisted dying PART F Propaganda Case Studies Part 1. Fatal Flaws Page 105 Part 2. -
The Effect of New Evidence on Euthanasia's Slippery Slope Christopher James Ryan Westmead Hospital, Westmead, NSW 2145, Australia
J7ournal ofMedical Ethics 1998;24:341-344 Pulling up the runaway: the effect of new evidence on euthanasia's slippery slope Christopher James Ryan Westmead Hospital, Westmead, NSW 2145, Australia Abstract The details of our decline and exactly where we The slippery slope argument has been the mainstay of will end up vary from author to author, but, for all, many of those opposed to the legalisation of our original well-intended action placed us upon a physician-assisted suicide and euthanasia. In this slippery slope that is the genesis of future woes. paper I re-examine the slippery slope in the light of The slippery slope is the major weapon in the two recent studies that examined the prevalence of armamentarium of those who believe physician- medical decisions concerning the end oflife in the assisted suicide and voluntary euthanasia should In two studies have Netherlands and in Australia. I argue that these two remain illegal. recent times been that, taken together, provide a studies have robbed the slippery slope of the source of published strong rejoinder to the slippery slope. In the con- its power - its intuitive obviousness. Finally I propose text of the Australian parliament's quashing of the contrary to the the slope, that, warnings of slippery Northern Territory Rights of the Terminally Ill the available evidence suggests that the legalisation of suicide might actually decrease the Act and the US Supreme Court's deliberations physician-assisted over physician-assisted suicide the results of these prevalence of non-voluntary and involuntary studies could not have been more timely. -
Title 35 Public Health and Safety
TITLE 35 - PUBLIC HEALTH AND SAFETY CHAPTER 1 - ADMINISTRATION ARTICLE 1 - IN GENERAL 35-1-101. Local contributions; disposition. All monies paid to the state treasurer representing contributions by city councils, county commissioners, trustees of school districts, or other public agencies, for public health purposes, shall be set up and designated on the books of the state treasurer in a separate account, and shall be expended and disbursed upon warrants drawn by the state auditor against said account when the vouchers therefor have been approved by the department of health. 35-1-102. Sanitation of public institutions. It shall be the duty of the officers, managers, superintendents, proprietors and lessees of all hospitals, asylums, infirmaries, prisons, jails, schools, theaters, public places and public institutions to remedy any and all defects relating to the unsanitary condition of such institution, or institutions, as may be under their control, when such defects shall have been called to their attention in writing by the department of health. 35-1-103. Neglect or failure of officials to perform duty. Any member of the department of health, any county health officer, or any officer, superintendent, or principal of any city, town, county or institution named in this act, who shall fail or neglect to perform any of the duties herein required of them, shall be guilty of a misdemeanor and upon conviction thereof shall be fined in the sum of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00), or shall be confined in the county jail for a period of not less than six (6) months, nor more than a year, or both.