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The historically significant right to die movement can be said to have begun in 176 when the parents of Karen Ann Quinlan sought and received controversial approval from the New Jersey Supreme Court to disconnect their comatose daughter’s respirator. Also in 176, the first living will was written in California that outlined end of life transition issues. Four years later in 180, the Hemlock Society was founded. They dedicated themselves to the legalization of physician-assisted suicide (The Hemlock Society, 00). These events marked the beginning of one of the largest legal and ethical debates in out nation’s history.
The extensive debates over euthanasia and PAS over the past quarter century have not been fruitless. The arguments have become more refined and sophisticated. Yet the roots of the essential arguments have remained much the same. Claims are based on patients’ autonomy to control their own lives by relieving excruciating pain and suffering. The opposing side strives to uphold the sanctity of life. The debates are becoming more intellectually fueled every day. In these times there is no longer room for emotionally driven debates.
In 10, the Supreme Court ruled that for patients who are in a vegetative or comatose state, life-supporting treatment could be suspended if there is clear evidence that it is the course of action they would request if they could do so. An even more crucial ruling was made in June 17, when the US Supreme Court ruled there is neither a constitutional right nor a prohibition to euthanasia or PAS. This judgment marked a great turning point in the on-going debate over the right to die. The Supreme Court encouraged further debate on a state level. The state of Oregon took the ruling for action and established the Death with Dignity Act later the same year (Emanuel, 00). This was the first law of its kind in the world. The law details very specific guidelines such as a requirement for two doctors to agree that the disease is terminal before a lethal dose of medication can be prescribed, and a fifteen day waiting period for the patient to change their mind. The generally accepted definition of a terminal illness is an illness that is expected to kill a patient within six months. Unlike Oregon, many states have turned down similar laws. However, the Bureau of Justice Statistics reported in 1 that 61% of the population supports PAS when a terminally ill patient is the subject (Maguire & Pastore, 1).
Supporters of the right to die argue for dignity and autonomy, which can be defined as self-governing. If a right to live and preserve life is upheld by the law, then the converse must also be upheld. To forfeit one’s right to live is as justifiable as the forfeiture of any right. US Attorney General, John Ashcroft, however, in 001 reversed the previous position of the Clinton Administration by allowing the Drug Enforcement Administration to take action against any doctor who prescribes lethal drugs for terminally ill patients (McLellan, 001). This includes physician’s acting under Oregon’s Death with Dignity Act.
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A great disparity exists between public opinion of PAS, the role of the State governments, and the role of the Federal government. In order to make sense of what is lawful, the last decade of action taken in this vein must be examined and analyzed by unbiased and unemotional parties.
As time progresses, the percentage of the public that supports PAS is forever increasing. It is this public awareness that brought about U.S. Supreme Court consideration in 17. If the Federal government released these decisions to the state, then it seems that the Federal government should, in turn, remove itself from all action against physicians acting in accordance with state law. 58% of Americans polled believe that Ashcroft’s decision was unlawful (Death with Dignity National Center, 00).
Furthermore, the core of democracy seems to be in jeopardy. Elected officials must take great interest in the wishes of the public they represent. These are the bedrock principles of the United States government. The Supreme Court that was formed out of the Constitution, has given the states power to decide “right to die” issues. Why, then, is the Attorney General allowed to interfere with such decisions?
In the question of a right to die, it is important for individuals to put themselves in the position of not only the patient who may be suffering, but also the physicians responsible for end of life care, and the family and friends of the patient. It is no wonder that opinions vary greatly and that those opinions are so fueled by passion. However, the time for emotional debate has passed. There must be a definitive answer that either confirms or denies the right to die by PAS. Proponents are not asking for legalized murder. There is no malice involved in assisting a person in an act they cannot physically perform themselves.
Who could ever forget Dr. Jack Kevorkian? He euthanized 10 people between 10 and 18 in Oakland County, Michigan (Cox, 1). His trials were infamous. After numerous acquittals, Kevorkian was finally convicted of second-degree murder, and sentenced to 10-5 years in state prison. He is eligible for parole in 007. Many people praise his work and hold him as a saint of mercy. Kevorkian never tried to hide his actions, and to this day maintains his belief that his actions were justified.
Forty-three people died in Oregon between 18-1 under the Death with Dignity Act (Roscoe, Malphurs, Dragovic & Cohen, 001). All of these deaths were perfectly legal. This is where the pressing need for a solution presents itself. Why is one man facing the rest of his life in prison, and numerous doctors in the state of Oregon are free? The intricacies of these laws are complicated. There is a clear need to objectively asses both sides of this issue and to arrive at an irrefutable conclusion.
An impressive amount of empirical research has been performed on PAS over the past decade. Unfortunately, a definitive answer has not been found, and likely never will be. The hard truth is that no amount of research will ever truly show an accurate portrayal of assisted suicide the United States. People are assisted in their deaths everyday in the United States. Most of these cases are never documented. They are monumentally painful decisions made by family members, often with physicians administering the final dose of medication, but many times it is simply a family member, and no physician is involved. These acts become well-guarded family secrets, sometimes-shameful secrets. The fact is that no law will stop these merciful killings, but there can be laws that eliminate the secrecy, that allow such assistance, so that family members do not have to hide.
References
Cox, D. W. (1). Hemlock’s Cup The struggle for Death with Dignity. Buffalo, NY
Prometheus Books. Death With Dignity National Center. (00). Legislative Watch. Retrieved August 08,
00, from http//www.deathwithdignity.org/resources/international.htm
Emanuel, E. (17). Whose Right to Die? Retrieved August 1, 00, from
http//www.rights.org/deathnet/open.html
Maguire, K. & Pastore, A. L. (Eds.). (1). Sourcebook of Criminal Justice Statistics-
1. (p. 176). Washington, D. C U.S. Government Printing Office.
McLellan, F. (001). US government undercuts Oregon’s assisted-suicide law. The
Lancet, 58, 178.
Roscoe, L. A., Malphurs, J. E., Dragovic, L. K. & Cohen, D. (001). A comparison of
characteristics of Kevorkian euthanasia cases and physician-assisted suicides in
Oregon. The Gerontologist, 41, 4-446.
The Hemlock Society. (00). Chapters and Community Groups. Retrieved August 0,
00, from http//www.hemlock.org/chapters.html
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