1. Physician Assisted Suicide
Jody Blanke
Distinguished Professor of
Computer Science and Law
Mercer University, Atlanta

2. Ancient Rome “It’s good to be King” (or Emperor)
Convicted criminals forfeited real and personal property to the Emperor
Suicide became a crime

3. English Common Law Still good to be King
Suicide also a crime, but punished by forfeiture of personal property only
Early American colonies adopted this rule, but over time, abolished forfeiture penalties
By Civil War, suicide is not a crime

4. United States Today
35 states have statutes specifically banning assisted suicide
Another 9 criminalize it by common law
But competent adults have a right to refuse medical treatment

5. Karen Anne Quinlan
1975 – Karen Anne Quinlan mixed drugs and alcohol and became comatose
Family sought court order to “pull the plug”
Order granted, but family convinced to wean her from respirator
She remained comatose for over 10 years, until her death in 1986

6. Living Wills
In aftermath of Quinlan case, every state enacted some sort of living will
Most states also have some type of durable power of attorney

7. Dr. Kevorkian Assisted in many suicides in the 1990s
Some states enacted legislation in response e.g., Georgia
Finally, successfully prosecuted for murder – on the fourth try
Paroled in 2007 after serving 8 years of a year sentence

8. Oregon’s Death with Dignity Act
Ballot initiative passed in 1994
Challenged in court
Becomes effective in 1997
Legal (societal) experiment

9. Oregon’s Death with Dignity Act

10. Oregon’s Death with Dignity Act

11. Oregon’s Death with Dignity Act

12. Early Supreme Court Cases
Washington v. Glucksberg, and Quill v. Vacco (1997)
Challenged bans on assisted suicide in Washington and New York states
“Fundamental liberty interest” and “equal protection” challenges denied
Court referred to Oregon and the “’laboratory’ of the states”

13. Other States Death with Dignity Act Montana
Washington (2008), Vermont (2013), California (2015) Colorado (2016), D.C. (2016), Hawaii (2018)
Montana
First Judicial Court ruled that a terminally ill patient has a right to die under the Montana Constitution (2008)
Montana Supreme Court held that physician assisted suicide is not banned by state law, but did not address the issue of whether there is a constitutionally protected right to die (2009)

14. The Netherlands Decriminalized physician assisted suicide in 1993
Legalized it in 2002
“Intolerable suffering”

15. The Netherlands
The law allows medical review board to suspend prosecution of doctors who performed euthanasia when each of the following conditions is fulfilled:
the patient's suffering is unbearable with no prospect of improvement
the patient's request for euthanasia must be voluntary and persist over time (the request can not be granted when under the influence of others, psychological illness or drugs)
the patient must be fully aware of his/her condition, prospects and options
there must be consultation with at least one other independent doctor who needs to confirm the conditions mentioned above
the death must be carried out in a medically appropriate fashion by the doctor or patient, in which case the doctor must be present
the patient is at least 12 years old (patients between 12 and 16 years of age require the consent of their parents)