Euthenasia Flashcards
Is euthanasia prohibited by law
Yes as killing is illegal in the U.K. And is a crime
To be guilty what do you to have when committing the act
Guilty act
Guilty mind
The act is called
Actus Reus
The intention
Mens rea
What does the law call killing someone intentionally
Murder
What does the law call killing someone unintentionally - negligently
Manslaughter
When is motive considered
In the sentencing process - after the Defendant has already been found guilty
But not in cases of murder there is a set prison sentence for murder
Summary of the law of euthanasia
If a doctor/person causes a patients death with the intention of doing so even if good motive or at the patients requests
Still liable to the full penalty of the criminal law of murder
With mandatory sentences of life imprisonment
Starting point of 14yrs and reduced to 8-9 years for mercy killings
When is killing not a crime
To administer a large dose of pain where relieving pain is the primary intention although the consequence may be death
This is not a crime because the primary intention is to relieve pain
Lacks mens rea - intention to kill and it is. It ac accident or neglect either
Prosecution has to prove facts in issue by
Evidence - of the truth of what happened
Direct evidence which can directly establish a fastball- confession
Circumstantial evidence/relevant fasts by which it is possible to infer intention, they tend to prove or disprove facts in uss
Is it a crime to withdraw treatment where the patient is brain dead
No
Why is withdrawing treatment from a brain dead patient not a crime
Patient is already dead and the law accepts brain death as death
Is withdrawing treatment where the patient has no hope of recovery - pvs a crime
No
Why is it not a crime to withdraw treatment for a pvs patent
There is no duty of care to treat parent is the treatment is futile and not in their best interests
When is it a crime to chnage treatment to the pvs patient
If the intention is to accelerate death - therefore murder mens rea enacted so is murder
What is futility and when is it declared
Where the patient is deteriorating and treatment will make no significant change to the probable outcome
Once treatment is declared futile it looses clinical and legal justification.
What has the Supreme Court ruled
That there is nothing unconstitutional in the courts declaring the law a breach of human rights even in an area of social and moral controversy where parliament is the preferred forum in which to debate the issue
Court indicated that the current. An in assisted suicide either is or may well be incompatible with article 8
They didn’t make an order this time but if the time comes again and there has been no change to the law parliament should expect them to make the law preventing assisted suicide incompatible human rights
Is not Providing treatment which the patient has refused a crime
No
Why is not providing refused treatment not a crime
A doctor has a duty of care to treat patients but only with heir consent
However a patient cannot consent to euthanasia
What a living wills - advanced directives
Mental capacity act 2005 makes living wills lawful
They would be able to direct treatment to be omitted, but not to direct unlawful treatment. - euthanasia
Accompanying patient to dignitas
Lack of prosecution does this set a prescient
No
When do the CPS decide to prosecute
There is enough evidence so there is a likelihood of conviction
If it is in the public interest
R vs the direction of public prosecution (DPP)
Debbie purdy won a landmark victory in the House of Lords making a new law of Art 8, ECHR the right to respect for private and family life
The DPP then had to issue a policy about the factors that would determine prosecution of assisting suicide
The 16 public interest factors in favour of prosecution identified in the DPPs policy guideline include that:
Victim:
Child / lack capacity
No consistent expressed wing to die
Not terminally ill, severely suffering, could have DIY
Suspect :
Not motivated by compassion
History of abuse/ violence towards the victims
Pressured the victim - didn’t check about others
Dr/nurse or paid or not known personally and a no
Public place or a special clinic
6 public interest factors against prosecution include that
Victim has a clear settles unequivocal and informed wish Suspect: Motivated by compassion Tried to dissuade Minor assistance Reluctant Reported it to the police
Advanced DNACPR
Patients should be consulted in relation to advance DNACPR decisions save in exceptional circumstances because of article 8 of the European convention on human rights - the right to respect from private and family life
For a patient not the be consulted about DNACPR decision the clinician would have to consider that to do so is likely to cause the patient physical or psychological harm distress alone is not enough and futility not a sufficient ground not to consult
