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jciprod01 productn C CRN 104 3 CRN304 txt unknown Seq 2 17 JUN 19 13 58. 716 CORNELL LAW REVIEW Vol 104 715, viduals and aims to shed light on the inconsistent answers to. the same question from nation to nation how should govern. ments handle suicidal citizens Are governments making a. distinction between a terminally ill citizen s request for eutha. nasia and a non terminal citizen s request and more signifi. cantly should they, The United States Supreme Court put to words why exactly. governments need to address the issue They held in both. Washington v Glucksberg1 and Vacco v Quill2 that there were. specific and legitimate government interests in preventing as. sisted suicide and that it is best left up to the states to have. serious thoughtful examinations of physician assisted sui. cide 3 Those interests were to preserve life to prevent suicide. to avoid the involvement of third parties and their undue influ. ence to protect the integrity of the medical profession and to. avoid the proverbial slippery slope that could ensue where. more patients request assisted suicide for less severe ill. nesses 4 Striking the right chord between these interests is. evidently a subjective test 5 and this Note aims to analyze some. of the ways that this balancing act has played out. internationally, The Supreme Court did not explicitly ban assisted suicide. but instead declared that the right to die is not protected by. the Constitution 6 In other words the issue of whether to legal. ize the practice was left to state governments The state stat. utes challenged in the lawsuits which restricted assisted. suicides within their respective jurisdictions were held consti. tutional 7 It is legal today for doctors to assist in suicide for. terminally ill patients in California Montana Oregon Ver. mont Hawaii the District of Columbia Washington and Colo. rado 8 Internationally it is legal in Switzerland Germany. Canada and Finland 9 Alternatively human euthanasia is le. 1 521 U S 702 1997,2 521 U S 793 1997, 3 Washington 521 U S at 719 see Vacco 521 U S at 808 09. 4 See Washington 521 U S at 728 n 20,5 Id at 722,6 Id at 728.
7 See id at 702 Vacco 521 U S at 793, 8 Felicia Nimue Ackerman Current Laws Permitting Assisted Suicide Are. Morally Indefensible VOX Dec 14 2016 9 21 AM http www vox com the big. idea 2016 11 21 13693016 assisted suicide referendums philosophy https. perma cc L4VA PU5U, 9 See Euthanasia Physician Assisted Suicide PAS Around the World. PROCON ORG July 20 2016 7 31 AM https euthanasia procon org. view resource php resourceID 000136 https perma cc 94MV 7Q78 herein. after Around the World, jciprod01 productn C CRN 104 3 CRN304 txt unknown Seq 3 17 JUN 19 13 58. 2019 SUICIDE AND EUTHANASIA 717, gal in the Netherlands Belgium Colombia and Luxembourg 10. The important distinction between the two practices is that in. assisted suicide the patient is given the fatal dosage in order to. administer it to him or herself 11 Alternatively human eutha. nasia allows the physician to administer the dosage 12 This. Note aims to add to the pertinent conversation occurring as. more states and countries put the issue to a vote of their. constituents, One particular goal of this Note is to color the difference.
between the suicidal ideations accompanying patients with ter. minal illnesses and the suicidal ideations of non terminal pa. tients Euthanasia statistics specifically from jurisdictions. like Oregon13 where euthanasia has been practiced for a con. siderable amount of time before this Note was written suggest. that the reasons terminally ill patients request euthanasia are. not entirely different from the reasons any other non terminal. person might attempt or request suicide However there re. mains the unchallenged assumption that there is something. fundamentally different about the legitimacy of these. reasons 14, This Note will further explore how the criminal law system. and the psychiatric community in the United States treat sui. cidal ideations as a symptom of mental illness largely treatable. with effective psychological and biological medication Juxta. pose this practice with the legal practice of assisted suicide. and it would appear that there is an inherent contradiction. between what science suggests about suicidal ideations and. the law It seems that some jurisdictions concede that it is not. worth the resources to rid those with terminal illnesses of sui. cidal ideations despite at least the possibility of doing so. From perhaps a more common perspective legitimate quality. of life concerns are not treatable suicidal ideations at all. rather they are the same symptom but a fundamentally differ. ent root Still yet this Note will recognize situations where a. person without a terminal physical illness but instead a. mental illness can have legitimate quality of life concerns not. 13 Or Pub Health Div Oregon Death with Dignity Act 2015 Data Summary. OR GOV Feb 4 2016 http public health orgeon gov ProviderPartnerRe. sources EvaluationResearch DeathwithDignityAct Documents year18 pdf. https perma cc 8KFJ VLDD, jciprod01 productn C CRN 104 3 CRN304 txt unknown Seq 4 17 JUN 19 13 58. 718 CORNELL LAW REVIEW Vol 104 715, taken seriously by a majority of the world s physicians 15 This. Note will simultaneously explore whether a rational wish to die. based on an impending death can be treatable within the. mental health context and if so whether it should be required. procedure within hospitals 16 In short this Note asks why it is. that suicidal ideations are categorized as both rational and. irrational simultaneously across the globe and why doctors. and lawmakers have not bridged the gap or come to some uni. versal understanding The ultimate goal of this exploration is. to encourage lawmakers to consider the curious implications of. some of the contradicting laws that exist globally. First this Note will explore the premises on which Justice. Rehnquist s opinion in Glucksberg rested by evaluating suicide. and euthanasia laws internationally 17 Doctors and patients. alike argued that there should be a fundamental right to die. protected by the Constitution 18 This argument however tests. the notion that suicidal ideations are symptoms of mental ill. ness and it forces the distinction previously mentioned and so. widely accepted If that right does exist would principles of. medicine and psychology suggest that it is mentally ill to exert. it Are certain people inherently exempt from this psychologi. cal status because of their physical illness The Court s first. conclusion was that it is in the government s interest to pre. serve life 19 This assumes that if mental illnesses can be. treated biologically the illnesses should be treated despite a. contrary rational request 20 Suicidal individuals are almost. always quarantined inside hospitals and are directed to mental. health professionals for evaluation immediately following any. attempt 21 As this Note will explore however there is an argu. ment that some non terminal mental illnesses should be con. sidered terminal in the sense that they are incurable and thus. 15 Ann M Mitchell et al Suicide Assessment in Hospital Emergency Depart. ments Implications for Patient Satisfaction and Compliance 27 TOPICS EMERGENCY. MED 302 308 09 2005, 16 See William Breitbart et al Depression Hopelessness and Desire for Has. tened Death in Terminally Ill Patients with Cancer 284 J AM MED ASS N 2907. 2907 2000 see also Suicide Prevention NAT L INST MENTAL HEALTH Mar 2017. https www nimh nih gov health topics suicide prevention index shtml part. 153179 https perma cc M7X4 U89Y providing possible treatments and ther. apies for individuals with suicidal thoughts, 17 See Washington v Glucksberg 521 U S 702 706 1997.
18 See id at 702 Vacco v Quill 521 U S 793 793 1997. 19 See Washington 521 U S at 728, 20 Jouko K Lonnqvist Psychiatric Aspects of Suicidal Behaviour Depression. in THE INTERNATIONAL HANDBOOK OF SUICIDE AND ATTEMPTED SUICIDE 108 117 Keith. Hawton Kees van Heeringen eds 2000,21 See Mitchell et al supra note 15 at 308 R. jciprod01 productn C CRN 104 3 CRN304 txt unknown Seq 5 17 JUN 19 13 58. 2019 SUICIDE AND EUTHANASIA 719, should be eligible for assisted suicide If no amount of treat. ment medical or psychological alleviates the symptoms of a. mental disease or cures the underlying biological issue this. argument asserts that the non life threatening ailment is. equally intolerable 22 If a government adopted this rationale. requests for euthanasia might dramatically increase for a num. ber of non terminal ailments One particular case in New. Jersey will illustrate this and as this Note will additionally. highlight a number of European countries not only find the. argument convincing but also started to allow the practice 23. In analyzing the next premise the deterrence of suicide. this Note will explore how several different countries respond to. suicidal attempts with criminal punishment In Rwanda and. Uganda for instance a person who engages in nonfatal sui. cidal behavior can be criminally convicted and sentenced to. two to five years in prison 24 Section 309 of the Penal Code in. Singapore punishes those who attempt suicide with imprison. ment of up to one year and or a fine 25 and in Islamic countries. like Pakistan suicide is punishable with incarceration in addi. tion to the strong negative and religious implications the indi. vidual will suffer 26 Suicide and by extension mental illness. in these particular countries is often underdiagnosed and un. derreported which makes analysis of the suicide rates far more. difficult 27 The intention of criminalizing suicide might be de. terrence but mental illness is entirely impossible to deter via. incarceration when there is a biological obstacle 28 This is the. very rationale behind the insanity plea in the United States 29. When a defendant cannot appreciate the wrongfulness of their. 22 See Rachel Aviv The Death Treatment NEW YORKER June 22 2015 http. www newyorker com magazine 2015 06 22 the death treatment https. perma cc M3NT JHJP, 23 See Sarah Jorgensen Woman with Severe Eating Disorder Wins Right to. Refuse Forced Feedings CNN Nov 23 2016 5 22 PM http www cnn com. 2016 11 23 health nj woman eating disorder legal case https perma cc. 24 See Rajeev Ranjan et al De Criminalization of Attempted Suicide in India. A Review 23 INDUS PSYCHIATRY J 4 5 2014, 25 See Marian Govin Attempting Suicide Is Illegal but Rare for Person to Be.
Charged STRAITS TIMES Sept 18 2016 4 24 PM GST http www straitstimes. com singapore attempting suicide is illegal but rare for person to be charged. https perma cc PSF4 DUCM, 26 See Murad Moosa Khan Suicide and Attempted Suicide in Pakistan 19 J. CRISIS INTERVENTION SUICIDE PREVENTION 172 172 76 1998. 28 See Andrew E Taslitz Mental Health and Criminal Justice 22 CRIM JUST. 29 See Ralph Slovenko Pleading Insanity Is Here to Stay Insanity Plea or Not. N Y TIMES Feb 14 1983 http www nytimes com 1983 02 14 opinion l. jciprod01 productn C CRN 104 3 CRN304 txt unknown Seq 6 17 JUN 19 13 58. 720 CORNELL LAW REVIEW Vol 104 715, conduct in the United States punishment through incarcera. tion will do little to deter that individual from committing the. offensive conduct again and thus the system will not incarcer. ate him or her 30 The World Health Organization in its first. global study of suicide prevention in September 2014 con. cluded that decriminalization does not increase suicide rates 31. Interestingly the study revealed other consequences of. decriminalizing suicidal attempts that this Note will discuss 32. Next this Note will address two premises together 1 That. it is in the government s best interest to avoid the involvement. of third parties to avoid the use of arbitrary unfair or undue. influence and 2 that it is best to avoid the slippery slope that. could follow from legalization It will do this by exploring proce. dures and protocols for euthanasia requests in Belgium and. the Netherlands two countries whose acceptance and legaliza. tion of euthanasia for a wide array of non terminal illnesses. has received both criticism and support in the international. community 33 It is in both these nations that the slippery slope. argument can most easily be illustrated as politicians and citi. zens push for less restrictive statutes 34 With the concern for. undue influence in mind this Note will argue that the practices. in Belgium and the Netherlands demonstrate how severe that. influence can be and will take the position that these countries. have taken too extreme of a stance on making euthanasia. widely available, Lastly this Note will address how the legalization of eutha. nasia affects protects and undermines the integrity of the. medical profession Physicians and mental health profession. als stand on both sides of the table in the euthanasia discus. sion some adamantly for and some adamantly against 35 It is. pleading insanity is here to stay insanity plea or not 226082 html https. perma cc BUQ3 YNHD,30 See Taslitz supra note 28 at 5 R. 31 First WHO Report on Suicide Prevention WORLD HEALTH ORG Sept 4. 2014 http www who int mediacentre news releases 2014 suicide preven. tion report en https perma cc GUG7 6EZW, 32 See David Lester Decriminalization of Suicide in Seven Nations and Suicide.
jciprod01productnCCRN104 3CRN304 txt unknown Seq 1 17 JUN 19 13 58 R R R R R R R NOTE SUICIDE AND EUTHANASIA THE INTERNATIONAL PERSPECTIVE ON THE RIGHT TO DIE Zachary A Feldman Several countries across the globe have weighed their in terests in preserving life in preventing suicide and in al lowing terminally ill patients to end their lives at their own discretion with or

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