Research Topic 1: Laws on Assisted-Suicide

It comes as no surprise that assisted-suicide is widely controversial. While many states have tried to pass laws making assisted-suicide legal, Oregon has been the only state to successfully pass such a law. Only four such laws exist in the world. The Netherlands, Belgium, Switzerland, Luxembourg and Oregon are where assisted-suicide is legal. (Luxembourg just passed the legalization this year). Even than it's much more complicated than that. To understand what is legal one must understand assisted-suicide.

Assisted-Suicide: The deliberate hastening of death by a terminally ill patient with assistance from a doctor, family member, or another individual.

Euthanasia: The doctor deliberately hastens the death of a terminally ill patient.

Terminally-Ill Patient: When a person is not expected to live more than 12 months.

Currently Euthanasia is only legal in the Netherlands. I am here to explore assisted-suicide for the terminally-ill.

Opponents of assisted-suicide believe that there is no reason for anyone to choose to die. They believe that pain is always controllable. They believe that sometimes patients may be coerced to do so. Also, the patient loses the last moments with their families or the chance for a change of heart.

Proponents of assisted-suicide believe that a change in the law is necessary based on reasons of compassion. Pain is not always controllable. The patient deserves freedom of choice in the face of intolerable suffering.

I believe we should always have a choice. Because we are given a choice does not mean that we will take advantage of that choice. Based on religious and moral reasons, many people would never think to consider asking someone to help them end their life. It is estimated that some 10% of deaths would be effected by a change in this law. Looking at the statistics available for Oregon, if you compare the number of deaths to the number of deaths by assisted-suicide, it is only 0.2% between 2003 and 2005. It is far less than the estimated 10% that "might" use it. A higher percent asks for the prescription. Having the choice for many patients is enough.Laws Around the World:

United Kingdom

England and Wales: possibility of up to 14 years imprisonment for anybody assisting a suicide.

Scotland: there is no Scots authority of whether it is criminal to help another to commit suicide. This has never been tested in court.

Europe

Germany: no penalty for the action since 1751, although it rarely happens there due to the hangover taboo caused by Nazi mass murders, plus powerful, contemporary, church influences. Direct killing by euthanasia is a crime.

France does not have a specific law banning assisted suicide, but such a case could be prosecuted under 223-6 of the Penal Code for failure to assist a person in danger. Convictions are rare and punishments minor. France bans all publications that advise on suicide

Denmark: no specific law banning assisted suicide.

Italy: the action is legally forbidden.

Four European countries today openly, legally, authorize assisted dying of terminal patients at their request:

1. Switzerland (1941)
2. Belgium (2002)
3. Netherlands (as well as voluntary euthanasia, lawfully since April 2002, but permitted by the courts since 1984).
4. Luxembourg (2008)

Two doctors must be involved in Belgium, and the Netherlands, plus a psychologist if there are doubts about the patient's competency. But that is not stipulated in Switzerland, although at least a doctor usually is because the right-to-die societies insist on medical certification of terminality before assisting.

Belgium and the Netherlands permit voluntary euthanasia, but Switzerland bans death by injection, and all have 'residents only' rules, except Switzerland which alone does not bar foreigners provided they are critically, terminally ill. In 2001 the Swiss National Council confirmed the assisted suicide law but kept the prohibition of euthanasia.

All three right-to-die organizations in Switzerland help terminally ill people to die by providing counselling and lethal drugs. Police are always informed. But only one group, DIGNITAS, in Zurich, will accept foreigners who are either terminal, or severely mentally ill, or clinically depressed beyond treatment. (Note: Both Dutch and Belgian euthanasia laws have caveats permitting assisted suicide for the mentally ill in rare and incurable cases.)

Scandinavia

Sweden: no law specifically proscribing assisted suicide, the prosecutors might charge an assister with manslaughter - and do.

Norway: has criminal sanctions against assisted suicide by using the charge "accessory to murder". In cases where consent was given and the reasons compassionate, the courts pass lighter sentences

Denmark: no laws permitting assisted suicide, despite reports that it does.

Finland: nothing in its criminal code about assisted suicide

Asia & Pacific

Japan: medical voluntary euthanasia approved by a high court in l962 in the Yamagouchi case, but instances are extremely rare, seemingly because of complicated taboos on suicide, dying and death in that country.

New Zealand: forbids assistance under 179 of the New Zealand Crimes Act, l961, but

Northern Territory of Australia: had voluntary euthanasia and assisted suicide for nine months until the Federal Parliament repealed the law in l997. Only four people were able to use it. Other states have attempted to change the law, so far unsuccessfully.

North America

Canada: The law in Canada is almost the same as in England; it is a crime to assist a suicide, punishable by up to 14 years imprisonment. Rarely prosecuted.

Mexico: On April 22, 2008, the Mexican Senate voted 70-0 in favour of legalizing passive euthanasia. This concept allows doctors to withdraw life-sustaining medication from patients, but not to, for instance, administer poisons.

Central & South America

Colombia: Colombia's Constitutional Court in 1997 approved medical voluntary euthanasia but its parliament has never ratified it. So the ruling stays in limbo until a doctor challenges it. Assisted suicide remains a crime.

Uruguay: a person must appear in court, yet Article 27 of the Penal Code (effective 1934) says: "The judges are authorized to forego punishment of a person whose previous life has been honorable where he commits a homicide motivated by compassion, induced by repeated requests of the victim."

Laws in the US:

In Ohio, that state's supreme court ruled in October 1996 that assisted suicide is not a crime.

In Virginia, there is no real clear case law on assisted suicide , nor is there is a statute criminalizing the act, although there is a statute which imposes civil sanctions on persons assisting in a suicide.

Only Oregon permits physician- assisted suicide.

Oregon is not the only state to have voted on assisted-suicide. Many have tried and all have failed, so far. Here are the ballots that have been tried:

1991 -Washington State: Ballot Initiative 119, which would have legalized euthanasia and physician-assisted suicide, was defeated by voters by a vote of 54 to 46 percent.

1992 - California: Voters defeated Proposition 161, a ballot initiative which would have legalized euthanasia and physician-assisted suicide, by a vote of 54 to 46 percent.

1998 - Michigan: Measure B was overwhelmingly rejected by voters. The measure would have legalized physician-assisted suicide and was defeated by a vote of 70 to 30 percent.

2000 - Maine: The “Maine Death with Dignity Act,” patterned after the “Oregon Death with Dignity Act” which legalized physician-assisted suicide, was defeated by voters. The vote was 51 to 49 percent.

Since Oregon passed its assisted-suicide law in 1994—the only state to do so—numerous physician-assisted suicide and/or euthanasia bills have been introduced in 21 states, some multiple times. Not one has passed.

Seven states actually passed laws prohibiting assisted suicide: Iowa, Louisiana, Maryland, Michigan, Rhode Island, South Carolina, and Virginia

Sources for information on the legality of assisted-suicide:

A Chosen Death by Lonny Shavelson

Disability Rights Education and Defense Fund http://www.dredf.org/

Euthanasia Research & Guidance Organization http://www.finalexit.org/

Final Acts of Love by Stephen Jamison

Final Exit by Derek Humphry

Oregon State http://www.oregon.gov/DHS/ph/pas/index.shtml

Center for Disease Control: http://www.cdc.gov/nchs/PRESSROOM/data/state_profile_OR.htm