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Right to Die, Research Paper Example
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Executive Summary
While many people believe that the right to live is a basic human right, the right to die should be as well. Since we cannot adequately measure the pain and suffering of individuals, we need to let them, their families, and their physicians decide whether or not they should end their own lives. Many states have legalized assisted suicide, provided that certain requirements are met. It would be beneficial for other states to adapt these laws as well. Overall, politicians should not decide who should live and who should die, this should be the choice of the individual.
Many states prohibit individuals from taking their own lives and consider it illegal to allow doctors to make the decision as to whether their patients are suffering too greatly and would benefit by death. This is considered to be an important legal matter because many physicians believe that the individual, rather than the state, should have control over whether they have the right to live or die. Many aspects of this belief are rooted in religious values. There are those that feel that since God has the unique ability to bestow life upon us that we do not have a choice as to whether we can live or die. However, philosophers believe that we must consider the level of pain that the elderly and disabled are experiencing before we decide whether or not they should live or die. These individuals believe that it is the responsibility of the doctor, the patient, and their family.
There is a great deal of legislation available that dictates that suicide, the act of taking one’s one life, is illegal. Based on these laws, many state legislatures have also claimed that the act of assisted suicide, invoking the help of another to help one commit suicide, is also illegal. Ultimately, the ability to try an individual for suicide or attempted suicide is given to the state, and there is little federal law that deals with this particular offense (Maynard). However, it is known that a majority of states considered suicide to be a felony when legislation on the manner started to be formed. As the years continued, states have become stricter and stricter with these policies. In 1960, a total of 18 states had no laws against suicide, and this number dropped to 2 in 1990 (Death With Dignity). While many states had legislation against suicide, most of them did not take these laws seriously. However, those who were strongly opposed to suicide, and cited common law to ensure that individuals would not be able to do so.
The most relevant court case that directly discussed whether individuals would or would not be able to commit suicide wasWackwitz v. Roy, 418 S.E.2d 861 (Va. 1992). This would make the person who committed suicide’s family responsible for the death of their family member. Therefore, even if a suicide was successful, there would always be someone to blame for the committed crime. While not every state has documented this particular case law, it is important to consider because many Supreme Court decisions, which impacts the law making of all states in the nation, have used this case as a reference.
Another major consideration that should be made when considering whether it is proper for an individual to commit suicide or undergo assisted suicide is that there are many developmentally ill or disabled individuals that are unable to make their own decisions concerning their health status (Appel 21). Many would argue that these individuals are suffering, even though it is difficult for them to communicate this pain with others. Therefore, it is difficult to determine who the responsibility for the health of these individuals should fall to. While this has conventionally been the family members of the disabled person, many doctors argue that they have a more complete understanding of their health and pain levels, and it should therefore fall to them to make these decisions. An extension of this would be the ability to determine whether the amount of pain that these individuals are going through is high enough that it would be more humane for them to be put to sleep.
Related to this concern in whether terminally ill individuals should be subject to the same kind of policy. Similarly to the mentally disabled individuals discussed in the previous example, there is a major question as to whether people that are sick and have no chance of recovering would benefit by being allowed to end their lives. Furthermore, there are many terminally ill individuals who are not conscious, and it is emotionally difficult for their families to keep them alive on life support. In addition, this is an expensive process. Therefore, those that support the right to die believe that it should be legal for those who need constant life support to live to be able to end their lives. This decision should be made by the individual’s family, the doctor, or a mutual decision between the two.
Some states, such as Washington and Oregon, believe in the rights of individuals in this situation to undergo assisted suicide. The right to be able to do so is supported by the Oregon Death with Dignity Act and the Washington Death with Dignity Act. This is a significant move towards the ability to enable the right to die while ensuring that the physician or family is not taking advantage of the incapacitated individual. Therefore, certain restrictions are put in place to ensure that the individual being considered is treated fairly during this decision making process. For a terminally ill patient to be permitted to undergo assisted suicide, he or she must be diagnosed as having six months or less left to live, be sound of mind, make a request orally in writing, have it approved by two different doctors, wait for a period of time, and then make the request again. This is done to ensure that this is really what the patient wants and that this decision is the one that will benefit them.
It is necessary to emphasize that although the Oregon Death with Dignity Act and the Washington Death with Dignity Act are a step in the right direction, these measures only allow individuals that are terminally ill and have the ability to make their own decisions to apply for assisted suicide. This compromises the ability of those who are in a coma and have previously noted their wish to have their life ended if they were in such a situation. Furthermore, it exempts the mentally disabled and clinically depressed population as well.
Ultimately, it is essential to erase the concept that the government can control an individual’s right to live or die. Since this was not a right given to us by the government, it should not be one that they can take away. It is clear that the legal principles that currently exist on the topic are in place because of religious principles that dictate that individuals cannot end their own lives because it was a precious gift given by God. However, it is unfair of us to implement these beliefs on those who may not agree. Those who believe that life was a gift given by God will likely choose not to end their own lives for any reason. For those that do, however, we must permit it, although certain restrictions should be implemented.
One of the major problems that currently exist in many states’ legislation is that it is difficult to determine a party at-fault for the attempted suicide if the suicide is successful. States such as Virginia intend to find a guilty party regardless, but this seems ineffective, since family members unlikely want their relative to hurt themselves and do not have a reasonable means to prevent this. Therefore, if suicide and assisted suicide become legal, it is important to first ensure that the individual who wishes to end their own life receives psychological counseling before making the decision and undergoes the recommended therapy. While many states do not consider that individuals with depression should have the ability to undergo assisted suicide, it seems that they should be able to do so if they are unable to be cured of their negative mental state. Since we cannot quantify the suffering of these individuals, it is not our place to tell them no. However, it is our place to ensure that they have attempted the alternatives and only selected suicide if these options were not effective.
Furthermore, it should be legal for individuals to participate in assisted suicide if this is specifically requested in writing, in the form of a last will and testament or other unforged legal document. While many of us openly participate in the discussion as to whether we would rather die or be kept alive on life support if we were to be in a damaging accident, we rarely commit these wishes to paper. In order to provide support for these wishes, we must start documenting them so that these demands could be brought to court should a problem arise. If more individuals advocate for these wishes, it will be likely that the current legislation that is in place in many states will be overturned.
Ultimately, the right to die has currently been rejected to the extent that it has been because many individuals believe that it is unethical for one to end their life. However, it is necessary to consider other aspects of this ethical decision. Is it really better for an individual to end their life and be pain free or to not be able to live a normal life due to an overwhelming amount of pain? It appears that the later choice seems to be the cruel one, although it is not our responsibility to dictate the choices and preferences that people should have. Therefore, to act ethically, we must allow each individual to make their own decision when it comes to suicide. While life is certainly precious, there are occasionally certain obstacles that make it difficult and even more extreme obstacles that make it no longer worth living. Ultimately, terminally ill individuals should be able to decide to end their lives before their certain death arrives, just as the average individual should be able to make this decision after receiving the necessary mental health care. Life is ours and we should have the right to do with it what we choose. Rather than falling victim to the laws that the government puts forth, it is important to fight for this most basic right, the right to die.
Works Cited
Appel JM. “A suicide right for the mentally ill? A Swiss case opens a new debate”. Hastings Center Report 37.3 (2007): 21–23. Print.
Death With Dignity. “Death with Dignity Around the U.S.”. 13 November 2014. Web. 28 November 2014.
Maynard B. “My right to death with dignity at 29”. 2 November 2014. Web. 28 November 2014.
Wackwitz v. Roy, 418 S.E.2d 861 (Va. 1992).
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