Hawaii: Assisted Suicide Not Lawful, Says State

http://www.staradvertiser.com/s?action=login&f=y&id=137466873

A 103-year-old act does not let doctors kill, the attorney general's office tells proponents

By B.J. Reyes

POSTED: 01:30 a.m. HST, Jan 17, 2012

An obscure 1909 law intended to ease suffering of Hansen's disease patients does not make physician-assisted suicide legal in Hawaii, according to an opinion by the state attorney general's office.

The opinion, dated Dec. 8, was in response to an inquiry from state Sen. Josh Green, chairman of the Senate Health Committee, who sought clarification of the law amid reports that supporters of physician-assisted suicide were seeking a patient willing to test the statute.

 

An obscure 1909 law intended to ease suffering of Hansen's disease patients does not make physician-assisted suicide legal in Hawaii, according to an opinion by the state attorney general's office.

 

The opinion, dated Dec. 8, was in response to an inquiry from state Sen. Josh Green, chairman of the Senate Health Committee, who sought clarification of the law amid reports that supporters of physician-assisted suicide were seeking a patient willing to test the statute. Login for more...

Utah: New Website!

Click here to see the website: Utah Against Assisted Suicide:  "Choice" is an Illusion!

Massachusetts voters, reject Petition 11-12

http://www.washingtontimes.com/news/2012/jan/11/massachusetts-voters-reject-petition-1112/

If adopted this November, a ballot initiative in Massachusetts will legalize physician-assisted suicide for patients whose conditions are predicted to produce death within six months. Initiative Petition 11-12 claims to ensure that the patient's decision to commit suicide is voluntary. That claim, however, is misleading.

The initiative petition requires that two persons witness the patient's written request for a lethal prescription. One witness, however, can have a financial interest in the patient's death. That person can be the only witness present when the lethal drug is taken. Thus, an interested heir could pressure the patient, and no one would know because no objective witness is required when the drug is taken. Also, the petition would require the death certificate fraudulently to list the patient's underlying condition, rather than the lethal drug, as the cause of death.

Initiative Petition 11-12 uses terms like life-ending "medication" and death in a "humane and dignified manner." But there is nothing medicinal about poison and nothing dignified about the prospects for the abuse the initiative petition would allow. It is a bad law that the voters of Massachusetts should reject decisively.

STEPHEN L. MIKOCHIK
Professor emeritus
Temple Law School

The Emperor has no Clothes: "VSED"

Euthanasia proponents have a new campaign promoting starvation and dehydration.  VSED: "Voluntarily" stopping eating and drinking.  Below, Kate Kelly provides a real life example:  "I watched her suffer." 

______________________________________________

Mild stroke led to mother's forced starvation

By Kate Kelly

I watched an old woman die of hunger and thirst.  She had Alzheimer's, this old woman, and was child-like, trusting, vulnerable, with a child's delight at treats of chocolate and ice cream, and a child's fear and frustration when tired or ill.

I watched her die for six days and nights.

I watched her suffer, and I listened to the medical practitioners, to a son who legally decided her fate, and to an eldest daughter who advised him and told me that the old woman, my mother, was "comfortable," except when she was "in distress," at which times the nurses medicated her to make her "comfortable" again.

I watched the old woman develop ulcerations inside her mouth as she became more and more dehydrated; the caregivers assured me these were not painful.

Canada: The Danger of Euthanasia: "If euthanasia were legal, the wife, not wanting to die, would still be a victim"

http://www.ottawacitizen.com/opinion/Danger+euthanasia/5935217/story.html

 

By Alex Schadenberg, Ottawa Citizen January 2, 2012
 

Re: Time to rethink euthanasia, Dec. 29.

Marcel Lavoie implies that legalizing euthanasia would stop violent deaths in the elderly, such as the death of Doreen Flann by stabbing.

In many of these deaths, the perpetrator-husband also kills himself for a murder-suicide.

 

In Oregon, where assisted-suicide has been legal since 1997, murdersuicide has not been eliminated. Indeed, murder-suicide follows the national pattern.

Moreover, according to Donna Cohen, an expert on murder-suicide, the typical case involves a depressed, controlling husband who shoots his ill wife: "The wife does not want to die and is often shot in her sleep. If she was awake at the time, there are usually signs that she tried to defend herself."

If euthanasia were legal, the wife, not wanting to die, would still be a victim.

Our laws against assisted suicide and euthanasia are in place to protect vulnerable people. Assisted suicide and/or euthanasia should not be legalized in Canada.

[For more indepth information, see Dominique Bourget, MD, Pierre Gagne, MD, Laurie Whitehouse, PhD, "Domestic Homicide and Homicide-Suicide:  The Older Offender," Journal of the American Academy of Psychiatry and the Law, September 2010 (Canadian study);  Don Colburn, "Recent murder-suicides follow the national pattern," The Oregonian, November 17, 2009; and “Murder-suicides in Elderly Rise: Husbands commit most murder-suicides – without wives’ consent” ]

Alex Schadenberg,

London Ont., Canada
Executive Director,

Euthanasia Prevention Coalition

Canada: No Right to be Killed by Others

http://www.nationalpost.com/todays-paper/right+killed+others/5931282/story.html

Re: Poll: 67% Support Assisted Suicide, Dec. 30.

I am greatly perplexed when I hear euthanasia proponents talk about a "basic human right to die," when there is no such thing. We are all going to die anyway, so let's please be honest and call it what it is: The right to be killed by somebody else. I am deeply disturbed by people who overlook the failure of the euthanasia experiments in other countries. Why do they coldly dismiss all those hundreds of people who have been euthanized without their consent? Do they consider them collateral damage? Would they call for an absolute right to drive for everybody, even if they knew lots of innocent people would be killed by incompetent drivers? I don't think so.

Canada rightly forbade capital punishment, due to the fact that no system can guarantee that no one will be killed by mistake. We have the freedom to make choices, but those choices should not hinder the safety of others, especially our most vulnerable.

Rene Leiva, physician, Ottawa.

Canada: "Justice Smith seemed skepical of Mr. Arvay's argument"

This Report is from the Farewell Foundation for the Carter Case, December 16, 2011:

 

Zero-Tolerance for Wrongful Death

 

Joe Arvay submitted that Canada's closing argument amounts to a "zero-tolerance" policy because it says Parliament can't enact a law that "might create even the 'risk' that one person might die who should not have died."  Arvay said Canada's counsel is "simply wrong" and clarified that Parliament could "leave the matter unregulated as a private matter between the physician and patient," but he hoped government would create some sort of law to regulate assisted death.

 

Justice Smith pointed out that Canada did not have capital punishment because of the risk that one wrongful death of an innocent person is too many.  "What do you say to that?"

 

Mr. Arvay answered "Let us put to rest once and for all the complete red herring of capital punishment.. Canada says capital punishment was abolished 'precisely because even the best justice system in the world makes mistakes that, if capital punishment were an option, would result in the death of innocent individuals.' . It need hardly be mentioned that we can assume that everyone on death row wants to live and is being killed involuntarily.  Involuntary death is not only not sought in this case, it is the polar opposite of what is sought in this case - the right to control one's own life and death."

 

Justice Smith seemed skeptical at Mr. Arvay's argument.  She pointed out that some voluntary deaths may involve people who do not really mean to die. In answer, Arvay said that the risks had to be reconciled somehow, that we don't live in a totally risk free world and that the Court should look at the risks that are already inherent in the medical system every day.  Arvay said that if Justice Smith chose to strike the law, the federal parliament had the option of crafting the best law humanely possible.

 

To view the entire report, go here: 

http://farewellfoundation.ca/wordpress/?p=356 

Hawaii: Attorney General Opinion Attached

Per Jim Hochberg, Hawaii State Senator Joshua Green, MD, has authorized release of the Attorney General's opinion rejecting C & C's claim that assisted suicide is "already legal" in Hawaii.  The opinion states in part:

"Dear Senator Green:

Re: Hawaii law on assistance with dying

You have asked (1) whether §453-1, Hawaii Revised Statutes (HRS), authorizes a physician to assist a terminally ill patient with dying when requested by or on behalf of the patient, and (2) whether any criminal laws prohibit aid in dying.

We are assuming that a physician’s assistance with dying would consist of prescribing a lethal dose of medication that a terminally ill patient could take to bring on a swifter and possibly more peaceful death than would otherwise ensue. Our analysis addresses only this method of assistance. Briefly, (1) we do not believe that §453-1 provides authority for a physician to assist with dying, and (2) a physician who provided such assistance could be charged under Hawaii’s manslaughter statute. . . ."

To view the entire opinion, click here.

Hawaii: Attorney General Rejects C & C Claim that Assisted Suicide is "Already Legal"

The Attorney General of Hawaii has issued a formal opinion rejecting Compassion & Choices' claim that physician-assisted suicide, termed "aid in dying," is legal in Hawaii.

A press release issued by the Alliance Defense Fund describes that Senator Josh Green, MD had requested the opinion from Attorney General David Louie.[1]  The press release states:

"[T]he attorney general's legal opinion states that state law "does not authorize physicians to assist terminally ill patients with dying" and "a physician who provided assistance with death could be charged under Hawaii's manslaughter statute."

The press release also quotes Honolulu attorney Jim Hochberg:  "[N]o one should believe the recent falsehoods that pro-death proponents have spread about [Hawaii] law."

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[1]  To view the ADF Press Release, click here