NCJ Number
139238
Journal
Criminal Justice Journal Volume: 13 Issue: 2 Dated: (Spring 1992) Pages: 303-317
Date Published
1992
Length
15 pages
Annotation
This analysis of current laws and judicial decisions regulating those who commit suicide and those who provide assistance concludes that current laws are inadequate and that California's Death With Dignity Act provides a rational alternative for the terminally ill to make proper familial determinations at the logical end of life.
Abstract
Doctrines of informed consent and personal liberty to refuse medical treatment cover only part of the issues in euthanasia cases. In reality, terminally ill patients are routinely assisted in voluntary suicide by means that are technically illegal. The individual who provides assistance is currently subject to the often arbitrary discretion of prosecutors. Active euthanasia and assisted suicide will continue despite their current legal status. Just as abortion laws provided a dignified means of obtaining an abortion by choice, laws are needed that provide those afflicted with terminal and incurable illnesses with the alternative of a dignified death. California's initiative was defeated, but the 48 percent in favor represents a more favorable reception than previous attempts. The book "Final Exit" by Derek Humphrey and Dr. Jack Kevorkian's defiance of a court injunction both demonstrate that assisted suicide will continue to be an issue. Footnotes