Civil Jury Trials for Euthanasia
Wednesday, March 23rd, 2005I can’t really say that I don’t care about the Terri Schiavo thing, but I don’t have a clear opinion either.
That aside, I was not at all pleased with Bill Hobbs’ suggestion:
And I would like to see Congress pass and the President sign a second law - call it the Terri Schiavo Living Will Act of 2005 - that would require all Americans age 18 and up have a signed, notarized, legal living will, and update it every five years. The law also would require courts, doctors and families to follow the directives of a patient’s living will without deviation.
Might as well call it the Terri Schiavo Estate Attorney’s Full Employment Act of 2005. Why would this be needed? Most people die without the need for a living will — why should the government force everyone to get a living will? Just to prevent another national media circus? Furthermore, which section of the Constitution or federal law empowers Congress to require every adult to prepare a living will?
I would suggest instead a change to federal law such that in the absence of aliving will, the guardian for an incapacitated person would be allowed to file a civil petition for euthanasia, and a jury verdict be necessary to approve it.
This would address my main concern, which is that I want the power to end a patient’s life to rest not with the spouse/family, not with the state, and very certainly not with the doctor or insurer. Ideally, of course, the decision should rest with the patient through the patient’s living will. But in the absence of the patient’s clear wishes, I would like to see the decision to euthanize approved by a body of disinterested jurors. After all, it takes a jury to impose capital punishment; why should it be any easier to end an innocent life?