I need one law of NY about euthanasia?
Could anyone tell me which law is that, that allows people to let someone die or help them die if needed?
I´m writting an article about it and cannot find the law anywhere.
- Anonymous1 decade agoFavorite Answer
In a few U.S. states, activists in the "death with dignity" movement have sought to expand the scope of living will statutes to permit physicians to provide aid-in-dying.
Writing in the 5 November 1992 issue of the New England Journal of Medicine, three doctors urged the adoption of a new public policy to allow physician-assisted suicide. This, they suggested, would achieve a balance between responding to patients’ needs and protecting the vulnerable. The authors proposed seven clinical criteria that would allow physicians to respond to requests for assisted suicide from competent, incurably ill patients.
In November 1994, Oregon voters passed Measure 16 which would allow a terminally ill adult resident of Oregon, diagnosed with less than six months to live, to obtain a prescription for medication to end his or her life. Before a physician could issue such a prescription, certain conditions would have to be met. The patient would have to make two oral and one written request for medication and would require a second medical opinion. In addition, at least 15 days would have to have elapsed since the initial request for a prescription.
A legal challenge to the legislation prevented its proclamation, and in August 1995 a District Court judge found it to be unconstitutional and invalid. However, the Ninth Court Circuit of Appeals found that the plaintiffs in the action had no legal standing to challenge Measure 16. The Court did not decide the constitutional merits of physician-assisted suicide and the United States Supreme Court refused to hear an appeal.
In June 1997, the Oregon legislature voted to send Measure 16 back to the electorate for a second vote in November 1997, at which time the Oregon voters reaffirmed the Act. Reportedly, at least four terminally ill people have since used the provisions of the Act to end their lives.
In 1994, a Federal District Court in Seattle had declared unconstitutional a Washington State law prohibiting doctor-assisted suicide. In March 1995, a three-member panel of the United States Court of Appeal for the Ninth Circuit overturned this decision, stating that a right to doctor-assisted suicide had no place in "the traditions of our nation" and was "antithetical to the defence of human life that has been a chief responsibility of our constitutional government." In March 1996, however, the full Ninth Circuit reheard the case and decided, by an 8-3 majority, that the Washington law prohibiting doctor-assisted suicide was indeed unconstitutional and violated the liberty interest under the due process clause of the 14th amendment. The decision was binding on all nine western states.
In April 1996, a three-member panel of the United States Court of Appeal for the Second Circuit unanimously struck down a similar law from New York. The court held that the New York law, which made it illegal for doctors to help terminally ill patients end their own lives, violated the equal protection clause of the 14th amendment in that it protected the rights of patients on life support to order their life support terminated, while denying comparable relief to other terminally ill, mentally competent patients not on life support.
On 1 October 1996, the Supreme Court of the United States agreed to hear an appeal of the two Court of Appeal rulings. The Court had previously refused to hear an appeal of a Michigan State Court decision upholding a Michigan law prohibiting assisted suicide, passed after Dr. Kevorkian began his campaign of assisting terminally ill people to die.
On 26 June 1997, the Supreme Court reversed both Court of Appeal decisions, and upheld the Washington and New York statutes prohibiting assisted suicide. However, the court’s finding that these two statutes are constitutional does not mean that a law permitting assisted suicide would be found unconstitutional.
i hope i'll be a good help for u :)
bon dimanche ;)
- Anonymous4 years ago
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- 1 decade ago
it is a law about assisting suicide. Dr Kavorkian did this whole thing and he went to jail several times for it.