Euthenasia

Question 1

Is euthanasia prohibited by law

Answer 1

Yes as killing is illegal in the U.K. And is a crime

Question 2

To be guilty what do you to have when committing the act

Answer 2

Guilty act

Guilty mind

Question 3

The act is called

Answer 3

Actus Reus

Question 4

The intention

Answer 4

Mens rea

Question 5

What does the law call killing someone intentionally

Answer 5

Murder

Question 6

What does the law call killing someone unintentionally - negligently

Answer 6

Manslaughter

Question 7

When is motive considered

Answer 7

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

Question 8

Summary of the law of euthanasia

Answer 8

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

Question 9

When is killing not a crime

Answer 9

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

Answer 10

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

Question 11

Is it a crime to withdraw treatment where the patient is brain dead

Answer 11

No

Question 12

Why is withdrawing treatment from a brain dead patient not a crime

Answer 12

Patient is already dead and the law accepts brain death as death

Question 13

Is withdrawing treatment where the patient has no hope of recovery - pvs a crime

Answer 13

No

Question 14

Why is it not a crime to withdraw treatment for a pvs patent

Answer 14

There is no duty of care to treat parent is the treatment is futile and not in their best interests

Question 15

When is it a crime to chnage treatment to the pvs patient

Answer 15

If the intention is to accelerate death - therefore murder mens rea enacted so is murder

Question 16

What is futility and when is it declared

Answer 16

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.

Question 17

What has the Supreme Court ruled

Answer 17

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

Question 18

Is not Providing treatment which the patient has refused a crime

Answer 18

No

Question 19

Why is not providing refused treatment not a crime

Answer 19

A doctor has a duty of care to treat patients but only with heir consent
However a patient cannot consent to euthanasia

Question 20

What a living wills - advanced directives

Answer 20

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

Question 21

Accompanying patient to dignitas

Lack of prosecution does this set a prescient

Answer 21

No

Question 22

When do the CPS decide to prosecute

Answer 22

There is enough evidence so there is a likelihood of conviction
If it is in the public interest

Question 23

R vs the direction of public prosecution (DPP)

Answer 23

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

Question 24

The 16 public interest factors in favour of prosecution identified in the DPPs policy guideline include that:

Answer 24

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

Question 25

6 public interest factors against prosecution include that

Answer 25

Victim has a clear settles unequivocal and informed wish 
Suspect: 
Motivated by compassion 
Tried to dissuade 
Minor assistance 
Reluctant 
Reported it to the police

Question 26

Advanced DNACPR

Answer 26

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