Preview

case anl

Better Essays
Open Document
Open Document
5784 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
case anl
R. (on the application of Nicklinson) v Ministry of Justice
R. (on the application of Lamb) v Ministry of Justice
R. (on the application of AM) v DPP
Also known as:
Nicklinson v Ministry of Justice
Supreme Court
25 June 2014
Case Analysis
Where Reported
[2014] UKSC 38; [2014] 3 W.L.R. 200; [2014] 3 All E.R. 843; [2014] 3 F.C.R. 1; [2014] H.R.L.R. 17; 36 B.H.R.C. 465; (2014) 139 B.M.L.R. 1; Times, June 26, 2014; Official Transcript
Case Digest
Subject: Criminal law Other related subjects: Criminal procedure; Human rights; Health
Keywords: Assisted suicide; Codes of practice; Director of Public Prosecutions; Offences; Prosecutions; Right to respect for private and family life
Summary: The Suicide Act 1961 s.2 did not impose what would be regarded under the European Convention on Human Rights 1950 as a "blanket ban" on assisted suicide, which would take it outside the margin of appreciation afforded to Convention states on that issue. The Supreme Court declined to order the Director of Public Prosecutions to amend her policy on prosecuting cases of alleged assisted suicide.
Abstract: The appellants in the first action (N and L) appealed against a decision ([2013] EWCA Civ 961, [2014] 2 All E.R. 32) that English law relating to assisted suicide did not infringe the European Convention on Human Rights 1950. In the second action, the appellant Director of Public Prosecutions appealed against an order requiring her to amend her policy on prosecutions in alleged assisted suicide cases; the respondent (M) cross-appealed on the extent of the required amendments. N, L and M suffered from catastrophic physical disabilities but their mental processes were unimpaired. They wished to die but could not end their lives without a third party's assistance. The Suicide Act 1961 s.2 imposed criminal liability on those who assisted suicide. The Court of Appeal rejected N and L's arguments for a declaration either that assisted suicide would be lawful, or that the state of the law was
Continue Reading
View Writing Issues

You May Also Find These Documents Helpful

  • Satisfactory Essays

    Case
    • 532 Words
    • 3 Pages

    Case

    In the fall of 1977, Michael Stephens, sole proprietor of Stephens Construction, asked Warren Sanders, a local real estate broker, to find a large piece of land that would be suitable for development into a single family residential project. Sanders located several parcels and found a homestead staked and owned by Robert and Arlene Cross. Sanders contacted and met with Robert Cross in February of 1978 and stated that he was looking for land for a developer and had asked Cross to sign a listing agreement, but he refused. In September of 1978, Anders contacted Cross again and showed an offer from Stephens. Cross rejected this and two following offers.…

    • 532 Words
    • 3 Pages
    Satisfactory Essays
    Read More
  • Good Essays

    Case
    • 397 Words
    • 2 Pages

    Case

    Managers are most likely to step across ethical and legal boundaries when the pressure to perform is great. Pressure can be healthy but companies that set high-performance targets and grant large rewards for achieving these must have strong control systems to ensure that people are not tempted to cross boundaries. What are the four important control systems? Please identify each control by name.…

    • 397 Words
    • 2 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Physician Assisted Suicide Summary
    • 696 Words
    • 3 Pages

    Physician Assisted Suicide Summary

    and U.S. Law” by Stephen Hoffman is credible because he practices law in Minnesota where he also received his J.D. from the University of Minnesota Law School and his LL.M. from the University of Arizona James E. Rogers College of Law. Hoffman’s purpose for the article is to explain the controversial and complex issues of euthanasia and physician-assisted suicide. Hoffman explains the difference and similarity between euthanasia and physician-assisted suicide as well as classifying the different types such as ‘voluntary’ and ‘nonvoluntary.’ He states the difference between active and passive euthanasia which plays a role for a physician’s duty in a patient’s death. He also explains what medical doctrine of double effect is. Then he explains the common law necessity defense and a physician’s conflicting duties that deal with euthanasia. Later in the article, he explains the legal doctrines of euthanasia and physician-assisted suicide in European countries such as the United Kingdom, Switzerland and The Netherlands and states in North America such as Oregon, Washington, and…

    • 696 Words
    • 3 Pages
    Satisfactory Essays
    Read More
  • Powerful Essays

    Jack Kevorkian or Jack the Ripper
    • 1776 Words
    • 8 Pages

    Jack Kevorkian or Jack the Ripper

    The ending of one’s life, terminally ill or not, should not be done purposely by another man’s hands. If such procedures were considered acceptable, every ill person with no will to continue living would try to find ailments that deem assisted suicide. Jack Kevorkian, also known as “Dr. Death,” was a lifelong activist for physician-assisted suicide. Kevorkian was said to have assisted in 130 suicides of terminally ill patients during his life and is looked at as a sick and twisted killer to many, but as a brave, respected pathologist to others. To look back on his history and past activity, is extremely bizarre and unusual; there is everything from leaving pathology in the 70’s to make a movie, to advocating for the usage of medical experiments on criminals during execution. Assisted suicide violates the Fourteenth amendment, which prohibits government from depriving a person of life, liberty and property without ensuring fairness. The act is also by a general consensus, seen as morally and ethically taboo. However, if the patients asked Dr. Kevorkian to assist in their suicide, is he deserving of the criminal charges he has landed, or should he be seen as merely a doctor obeying his patients’ wishes? The facts that present themselves show that Dr. Kevorkian’s actions were arguably unjustified.…

    • 1776 Words
    • 8 Pages
    Powerful Essays
    Read More
  • Good Essays

    Doctor-Assisted Suicide: Article Analysis
    • 676 Words
    • 3 Pages

    Doctor-Assisted Suicide: Article Analysis

    The major claim of this editorial, is that legalized doctor-assisted suicide is euthanasia. We are asking for the right to decide though the court system, if an individual’s life is valuable or not. Some may claim we are just hiding or heartless nature and corrupt moral standards to justify our actions.…

    • 676 Words
    • 3 Pages
    Good Essays
    Read More
  • Better Essays

    “With reference to the decisions of the Courts and Parliament discuss whether the government should change the law on assisted suicide and allow mercy killings in some circumstances.”
    • 1532 Words
    • 7 Pages

    “With reference to the decisions of the Courts and Parliament discuss whether the government should change the law on assisted suicide and allow mercy killings in some circumstances.”

    “With reference to the decisions of the Courts and Parliament discuss whether the government should change the law on assisted suicide and allow mercy killings in some circumstances.”…

    • 1532 Words
    • 7 Pages
    Better Essays
    Read More
  • Good Essays

    Physician Assisted Suicide Argumentative Analysis
    • 545 Words
    • 3 Pages

    Physician Assisted Suicide Argumentative Analysis

    Physician-assisted suicide (PAS) and euthanasia is a widely debated and controversial topic in our society. It is believed that the principle of PAS and euthanasia portrays, “merciful acts that deliver terminally ill patients from painful and protracted death” (page 477, column 2). In the paper, “Physician-Assisted Suicide: A Tragic View,” John D. Arras discusses the subject and states that while he agrees with patients making decisions, implementing laws supporting PAS and euthanasia is a huge threat to our social order. However, John D. Arras also concludes that he does not disapprove with the possibility of having a legislative policy in favor of PAS/euthanasia, only if there is “sufficient evidence of reliability of various safeguards” (page 477, column 2).…

    • 545 Words
    • 3 Pages
    Good Essays
    Read More
  • Powerful Essays

    Physician Assisted Suicide Research Paper
    • 1532 Words
    • 7 Pages

    Physician Assisted Suicide Research Paper

    A state’s prohibition on assisted suicide, like all homicide laws, advances this interest. The Supreme Court concluded that the state of Washington had the right to decline to make judgments about the quality of life that a particular individual may enjoy, and the state could certainly conclude that all persons’ lives, from beginning to end, regardless of physical or mental condition, deserve full protection of the law.…

    • 1532 Words
    • 7 Pages
    Powerful Essays
    Read More
  • Good Essays

    Comparative Essay On Assisted Suicide
    • 784 Words
    • 4 Pages

    Comparative Essay On Assisted Suicide

    From the beginning of its existence, the sole purpose of the health care industry is to increase the quality of life. However, when a patient’s life is coming to an end, healthcare professionals strive to provide a comfortable death with minimal pain. With today’s doctors having new technology, medicines, and techniques, the ethics of assisted suicide has become a great debate between the public, the government, and health professionals. Dr. David Mayo and Daniel Callahan are both professionals in the healthcare industry and have varying viewpoints in regards to the effectiveness, position, and purpose of assisted suicide.…

    • 784 Words
    • 4 Pages
    Good Essays
    Read More
  • Best Essays

    Physician Assisted Suicide Ethics Paper
    • 2855 Words
    • 12 Pages

    Physician Assisted Suicide Ethics Paper

    Physician assisted suicide is a widely spread controversial ethical issue. This paper is written in an effort to highlight some important points discussing whether assisted suicide should be legalized or not under certain circumstances. Various ethical and social factors that play key role in prohibiting and permitting the legalization of assisted suicide…

    • 2855 Words
    • 12 Pages
    Best Essays
    Read More
  • Better Essays

    Active Voluntary and Nonvoluntary Euthanasia
    • 2255 Words
    • 10 Pages

    Active Voluntary and Nonvoluntary Euthanasia

    The term euthanasia originated from the Greek word for "good death." It is the act or practice of ending the life of a person either by lethal injection or the deferment of medical treatment (Munson, 2012, p. 578). Many view euthanasia as simply bringing relief by alleviating pain and suffering. Euthanasia has been a long-standing ethical debate for decades in the United States. Active euthanasia is only legal in the Netherlands, Belgium and Luxembourg. Assisted suicide is legal in Switzerland and in the United States in the states of Washington, Oregon and Montana (Angell). Several surveys indicate that roughly two thirds of the American public now support physician-assisted suicide, and more than half the doctors in the United States do too (Angell). Active voluntary and nonvoluntary euthanasia matter because they allow the patient or family to relieve them of pain and suffering, and to die with dignity and respect. In this paper I will argue that it is immoral and unethical to deny a patient the right to die and that active voluntary and nonvoluntary euthanasia should be a legal practice in the United States.…

    • 2255 Words
    • 10 Pages
    Better Essays
    Read More
  • Good Essays

    Civil Argument Against Euthanasia
    • 1277 Words
    • 6 Pages

    Civil Argument Against Euthanasia

    There is a civil argument over helped suicide, otherwise called euthanasia, this level headed discussion has been continuing for a long time. A few individuals trust that euthanasia isn't right and ought to be illicit, while others trust the inverse. A few individuals trust that on the off chance that somebody has settled on the choice to execute themselves and are physically not able to, they ought to be given help with their passing. Starting now on the off chance that somebody helps another in helped suicide they are held blameworthy of homicide or endeavored murder if the endeavor does not work. The issue presented is ought to one be held blameworthy for carrying out a wrongdoing of homicide where the individual who requesting that they help with their suicide worked.…

    • 1277 Words
    • 6 Pages
    Good Essays
    Read More
  • Good Essays

    Physician Assisted Suicide Debate
    • 920 Words
    • 4 Pages

    Physician Assisted Suicide Debate

    For an unaffected, healthy individual, with death painted as a villain by his subconscious, it is easy to raise a gavel against the legalization of assisted suicide. It is easy for this individual to deny the right to end one’s suffering by citing a variety of aged, insignificant arguments like ancient oaths and biased religious teachings, all in defense of the instinct of his subconscious. However, the debate over assisted suicide is greater than this, and must be considered much more deliberately and meticulously. When one considers justice, autonomy, compassion, and all other necessary factors in the modern assisted suicide debate, it is clear that the practice of physician-assisted suicide is merciful and necessary, and must be a provided right to suffering individuals near the…

    • 920 Words
    • 4 Pages
    Good Essays
    Read More
  • Satisfactory Essays

    Assisted Suicide Speech
    • 150 Words
    • 1 Page

    Assisted Suicide Speech

    People all over the world have a misconception about what the term ‘assisted suicide’ truly entails. Assisted suicide is suicide committed with the aid of another person, most times a caretaker, family member or physician. Assisted suicide is becoming more and more common across the world. With the House of Lords trying to pass a bill to legalize assisted suicide in the UK and the continuously rising rates in Switzerland. While there is no federal law involving assisted suicide in the U.S, the act is legal in five states. Some people like to believe that they are helping their terminally or mentally ill family member or friend when it comes to this act, but are they really? I believe that the government should set boundaries and explain in…

    • 150 Words
    • 1 Page
    Satisfactory Essays
    Read More
  • Good Essays

    Assisted Suicide
    • 2422 Words
    • 10 Pages

    Assisted Suicide

    Summary: Physician-assisted suicide in the States and the Netherlands is the topic in this article. The purpose of the article was to discuss the laws and regulations of physician assisted suicide (PAD) and the deciding factor of when PAD should be implemented when patience have dementia and are unable to make decisions on their own. In the Netherlands they have come up with a “advance euthanasia directives” (AED) in which pt's with early onset dementia could write an AED stating that if they ever progressed into severe dementia they could stop the suffering with PAD. The controversy as you could imagine comes from the difficult decision of knowing if the pt is enjoying any form of living when they cannot make decisions to let you know how they feel. This is where many people argue that PAD is not right even if the AED was signed while the pt was fully competent, stating that physicians do not have the right to determine if the pt is enjoying life or not. The other side argues that if you are allowed to refuse care in ways such as AMA (Against Medical Advice) or refusing life sustaining treatment and die a slow painful death people with dementia should be able to choose a fast painless death to relieve them from a slow painful death. The largest…

    • 2422 Words
    • 10 Pages
    Good Essays
    Read More

Related Topics