Homicide and Born Alive Requirement
I personally disagree with the statement and the actions of john Kevorkian that dying is no crime. This is because helping a person to end their life because they are subjected to suffering is no help either. Dying is a crime because one should never take his or her own life as life is developed naturally and thus one should die without the intentional involvement of others or self. Dying is, therefore, a crime because suicide is illegal.
Jack Kevorkian’s actions rose to homicide level because he was involved in designing the machine and the drugs which would trigger death. He accomplished this as he provided information to the suffering patients by demonstrating the importance of ending their lives which were to end suffering (Chua-Eoan, 2011). His actions were additionally illegal because the patients can be termed as irrational because with the subjection of untreatable disease a person is bound to make a hasty decision. These cases were, therefore, illegal because they are a form of patient assisted suicide as the equipment. Although every individual is entitled to choices asking these decisions were influenced by the fact that as a doctor who was intended to help saves the lives of the patients he provided information, machine and drugs to end their lives. This is therefore illegal because physicians are responsible for the well-being of their patients at all times (Chua-Eoan, 2011).
An example of his actions which rose to homicide level is in 1999 on the 26th march when he was arrested for assisting charitable euthanasia of a 52-year-old Thomas Youk (Chua-Eoan, 2011). The patient was suffering because he was in his last stages of the disease called Lou Gehrig which is incurable. The disease is characterized with neurons death which leads to challenges while speaking, breathing-swallowing and muscular movement issues. The patient, therefore, gave full consent to the doctor to end his life after he had a conversation with the doctor on his fears of choking to death and the great suffering. The doctor gave the patient a physical lethal injection after they both signed consent. This, therefore, raised his actions to homicide as he conducted it himself which is unlawful.
The ethical issue that may develop due to social debate on State V. Lamy and the requirements of born alive is on the moral issue of abortion (Gardner & Anderson, 2014). This may develop to be an issue because individuals may argue out on whether abortion is legal. This is because the requirements hold that killing a fetus is not homicide because criminal homicide holds that the prohibited status do not incorporate killing of a fetus as the fetus was not an individual under the law (Gardner & Anderson, 2014). One approach that the court can utilize in dealing with the ethical issues is ensuring that the conviction of the cases is clearly stated in regard to whether the person is born alive to avoid contradictions.
Reference
Gardner T., J. & Anderson M.,T. Criminal Law. Cengage Leraning.
Howard chua-Eoan. The Life and Deaths of Jack Kevorkian. (2011, 3rdjune). Retrieved from http://content.time.com/time/nation/article/0,8599,2075644,00.html#ixzz2s1VqmyIt.
