The Supreme Court in the US state of Montana is due to begin hearing arguments to decide if severely ill people there have the constitutional right to ask their doctor to help them die. A lower court judgement last December decided that they did, but now the state of Montana is trying to have that ruling overturned.
The Supreme Court in Montana has ruled that nothing in the state's law prevents patients from seeking medical assistance to commit suicide. The ruling paves the way for Montana to become the third US state alongside Washington and Oregon to allow patients to seek the procedure. The decision comes a year after a lower court ruled it constitutional. Doctors will now be able to prescribe the necessary drugs to the terminally ill without fear of prosecution. The state's Supreme Court said there was nothing in its precedent showing that doctor-assisted suicide was against public policy. However, it did not go as far the district court, which ruled last year that the right of terminally-ill patients to ask their doctors to help them die was protected by the state's constitution.
A judge in the US state of Minnesota has ordered a former nurse accused of encouraging suicide on the internet to stay offline. William Melchert-Dinkel, 47, is charged in connection with the deaths of Briton Mark Drybrough in 2005, and Canadian Nadia Kajouji in 2008. He allegedly posed as a female nurse, advising people in chatrooms on how to take their own lives. He reportedly admitted helping up to five people kill themselves.
In this report, Professor Knaplund discusses the Montana Supreme Court case of Baxter v. State of Montana (2009 MT 449), which ruled on the issue of a doctor's liability in a physician aid in dying (PAD) situation. In this case, the plaintiff was suffering from mutual symptoms related to his terminal lymphocytic leukemia and the chemotheraphy treatments he was receiving for it. Along with several other named plaintiffs, including board-certified physicians and the group Compassion and Choice, Mr. Baxter sued to have the state's homicide statute declared to of the constitutional rights of those who are dying to seek a physician's aid in achieving death.
A US nurse has been convicted of aiding the suicides of an English man and a Canadian woman after seeking out depressed people online and urging the two to kill themselves. William Melchert-Dinkel, 48, was prosecuted over the hanging death of Mark Drybrough and the death of Nadia Kajouji, who leapt into a river. Prosecutors say he posed as a female nurse, advising them on suicide.
A Minnesota judge on Wednesday sentenced a former nurse to nearly a year's worth of jail time — spread out over the next decade — for helping to persuade two people, including a Brampton, Ont., woman, to kill themselves. William Melchert-Dinkel, 48, was ordered to serve 360 days total behind bars, but only 320 of those days will be served consecutively. For the remainder of the sentence, he will be forced to return to prison for two-day spells every year for a decade on the anniversaries of both of his victims' deaths.
Whether the world will one day reach a consensus as to euthanasia and assisted suicide is anyone's guess. In the meantime, the legality of these procedures differs among jurisdictions, and as always some will be tempted to travel in search of that which they cannot get at home. But unlike other areas in which residents of one state or country can take advantage of another's liberality - laws on alcohol, marijuana, and gambling come to mind - the stakes and finality of end-of-life decisions make traveling to undergo life-ending procedures, or "death tourism," of unique concern to policymakers. The United States, save for Oregon and Washington (and maybe Montana), has for the time being decided against legalizing life-ending procedures. As such, state and federal governments would probably take issue with Americans traveling to get help dying. In this Article, I explore the phenomenon of death tourism and how our governments might attempt to prevent its exploitation by Americans.
In 1994, the Georgia legislature enacted OCGA § 16-5-5 (b), which provides that any person “who publicly advertises, offers, or holds himself or herself out as offering that he or she will intentionally and actively assist another person in the commission of suicide and commits any overt act to further that purpose is guilty of a felony.” Violation of the statute is punishable by imprisonment for not less than one nor more than five years. OCGA § 16-5-5 (b). The issue in this case is whether §16-5-5 (b) is constitutional under the free speech clauses of the federal and state constitutions.
RAPSI spoke with Penney Lewis, a law professor at King’s College London and expert on end-of-life issues. Lewis explained that “There aren't any current legislative proposals (being considered by the legislature) although debates are held in the House of Commons on the Director of Public Prosecutions' (DPP) policy on assisted suicide.” Lewis is critical of the DPP’s current policy due to its failure to include any reference to a patient’s condition or experience on the basis of discrimination concerns, its preferential treatment of amateur rather than medically assisted suicide, and its focus on the motives of the suspect rather than those of the patient.
Washington’s Death with Dignity Act allows adult residents in the state with six months (180 days) or less to live to request lethal doses of medication from physicians. In this report, a participant of the act is defined as someone to whom medication was dispensed under the terms of this law. This report focuses on the 103 participants for whom medication was dispensed between January 1, 2011 and December 31, 2011. It includes data from the documentation received by the Department of Health as of February 29, 2012.
There is a considerable body of literature about the death penalty across a variety of disciplines. However, a newer body of literature has emerged examining the phenomenon of elected executions, also known as death row volunteering. To date, 138 (nearly 11%) of the 1300 death row executions have come from volunteers. This issue has been particularly controversial due to a number of legal and ethical considerations that have been raised by the scholarly, legal, and public communities. Such issues include a capital defendant’s competency to volunteer; ethical and moral dilemmas for capital defense attorneys, the states, and medical and mental health professionals; whether death row volunteering equates to ‘state-assisted suicide’; and finally, how these considerations impact the public’s support for capital punishment. This paper reviews the existing literature pertaining to death row volunteering through the lenses of these various considerations. Recommendations for future research in this area are also offered.
MONTPELIER. Vt. -- The Vermont House voted Monday night to give the last vote of approval to a bill that would make the state the first to legalize physician-aided suicide by legislation. With a 75-65 vote, the bill goes to Vermont Gov. Peter Shumlin, who supports the measure and is expected to sign it into law. "It's an important step of terminally ill Vermont patients," said Dick Walters of Shelburne, Vt., president of Patient Choices Vermont. Walters has worked for the legislation for 10 years.