Euthanasia Flashcards
What does the law call killing some intentionally?
murder
What does the law call killing someone unintentionally (e..g negligently)?
manslaughter
What is the legal status of euthanasia in the UK?
Killing is illegal in the UK and is a crime
Therefore euthanasia is prohibited by the criminal law
with a
-
commit the guilty act (The Act)
with a guilty mind (The Intention)
Murder
- does motive play a part in the law?
- what is the law concerned with?
Motive plays no part in the law, so that fact that someone had a good motive is irrelevant
The law is concerned with what was intended and not why
(Motive is only relevant in the sentencing process, after a defendant has already been found guilty, but not in cases of murder)
What is the first instance when is killing not a crime?
Why is this not a crime?
To administer a large dose of pain relieving drugs where the primary intention is to relieve pain although the consequence may be death
Why is this not a crime?
1. NO intention to kill
2. Not an accident/manslaughter
Give a summary of the law of euthanasia
- if a doctor/person causes a patient’s death with the intention of doing so, even if with a good motive and/or at the patients requires
- they will still be liable to the full penalty of the criminal law of murder
- with a mandatory sentence of life imprisonment
How can doctor’s intent, in dosage of pain relief, be proven in a court of law?
Prosecution has to prove facts in issue by:
Evidence - the truth of what happened
- direct evidence - which can directly establish a fact in issue
- circumstantial evidence/relevant facts - by which it is possible to infer intention i.e. they tend to prove or disprove facts in issue
What is second instance when killing is not a crime?
Why is this not a crime?
To withdraw treatment where the patient is brain dead
Not a crime because patient is already dead - the law accepts brain death as death
What is the third instance when killing is not a crime?
Why is this not a crime?
To withdraw treatment when there is no hope of recovery (as in PVS)
Not a crime because there is no duty of care to treat patients if that treatment is futile and not in their best interests
(However, a positive act to accelerate death, with that intention would be murder)
What is futility?
What happens once a treatment is declared futile?
- where patient is deteriorating and treatment will make no significant change to the probable outcome
- once treatment is declared futile, it loses its clinical and legal justification
What is the fourth instance when killing is not a crime?
Why is this not a crime?
Not provide treatment which the patient has refused
- a doctor has a duty of care to treat patients but only with their consent
However, a patient cannot consent to euthanasia treatment
How do living wills work with regards to euthanasia?
- Mental Capacity Act 2005 makes LW lawful
- would be able to direct treatment to be omitted, but not to direct unlawful treatment
Examples:
1. Dr Bodkin Adams administered morphine to an 81 year old lady who had suffered a stroke: which killed her, but with the intention of promoting her comfort. Has the Dr committed a crime?
no
intent to relieve suffering
- Anthony Bland was in a state of PVS. Would it have been unlawful to withdraw treatment from him and allow him to completely die?
no, ok as no hope recovery
futile treatment
