NCJ Number
5161
Journal
Albany Law Review Volume: 36 Issue: 4 Dated: (SUMMER 1972) Pages: 674-697
Date Published
1972
Length
24 pages
Annotation
MERCY KILLING BY PHYSICIANS WHO HAVE THE CONSENT OF THEIR PATIENT IS EXAMINED IN RELATION TO MURDER, SUICIDE, CONSTITUTIONAL LAW, STANDING,
Abstract
WITHIN THE FRAMEWORK OF EXISTING CASE LAW, COGENT ARGUMENTS CAN BE MADE BOTH FOR AND AGAINST THE LEGALIZATION OF EUTHANASIA. THUS, THE COURTS ARE NOT CONFRONTED WITH LEGAL PRECEDENT THAT DEMANDS ONLY ONE APPROACH FOR PURPOSES OF MAINTAINING ITS SELFCONSISTENCY. THE AUTHOR CONCLUDES, HOWEVER, THAT THE JUDICIARY MUST SQUARELY CONFRONT THE THORNY LEGAL ISSUES POSED BY EUTHANASIA. TOLERATION OF A SITUATION IN WHICH EUTHANASIA IS ADMITTEDLY PRACTICED BY PHYSICIANS, WHILE BEING BLANKETLY LABELED AS HOMICIDE BY THE COURTS MUST NOT CONTINUE. EITHER EUTHANASIA SHOULD BE LEGALIZED WITH ADOPTION OF ALL PROPER SAFEGUARDS, OR ELSE A SEVERE CRACKDOWN SHOULD BE MADE UPON THE PRIVATE PRACTICE OF EUTHANASIA BY PHYSICIANS. AUTHOR ABSTRACT MODIFIED