ATAR Notes: Forum
General Discussion => General Discussion Boards => Rants and Debate => Topic started by: IntoTheNewWorld on April 23, 2010, 07:01:48 pm
-
In an unusual show of mercy, Japanese courts have ruled that a mother who killed her own son under the most tragic of circumstances will not have to serve a prison sentence.
The case began with the attempted suicide of a 40-year-old Tokyo man, married with 2 children of middle school age.
The man attempted to kill himself on the roof of his workplace, but botched his hanging and was reduced to a vegetable.
He left a note for his loved ones urging them to move on:
“I was tricked by a strange woman.”
“Please forget about me.”
“Lastly, I really, really do love you. Thank you for everything up to now.”
Doctors stabilised him on life support, but considered that “the chances of him ever regaining consciousness are basically nil.”
Japan does not recognise euthanasia and prohibits refusal of treatment to patients in a “persistent vegetative state,” so he would likely have to remain a vegetable for the rest of his natural life, or until his unlikely awakening.
However, Japanese health insurance does not apply to suicides unless mental illness is involved. As a result of this, the family were presented with estimated receipts totaling some $35,000 for the 10 days of treatment rendered so far, with the future cost of keeping the man alive on a ventilator estimated at $1,000-$3,500 for each day he continued to live. Lawyers were consulted, but could offer no relief – the family would have to pay until the day he finally passed on, whenever that might be. Faced with this incredible financial burden the family despaired. His wife begged doctors to stop the ruinous treatment, both because of the cost and his own inferred wishes: “Please stop actively treating him. If it’s impossible I’ll take him of the ventilator myself,” but doctors steadfastly refused to consider ceasing treatment as brain death had not occurred.
Soon after, his 67-year-old mother left the wife a note one morning: “Hold on, Kyoko. I’m his mother, I bore him into this world, so it’s my responsibility.” She took a kitchen knife with her to the hospital. Placing a picture of her son taken on holiday 20 years ago on his breast, she stabbed him 4 times in the chest, killing him.
His mother later spoke of her sorrow:
“The sense of loss I have at my son’s death, the fact that I killed him, it overwhelms me. I’ll be atoning for the rest of my life.”
“There was no way I could let his wife take him off the ventilator. As his mother, I’m responsible. I’ve led a long and happy life, so I resolved that my life is over, and I would do it.”
She herself was no stranger to the plight of the aged or disabled, having for 20 years volunteered at a care facility. In the courtroom, the man’s wife wept as she saw the mother’s now gaunt frame in the dock: “If she hadn’t done it, I would have.” She begged the court for mercy: “For a mother who loved her son so to have killed him, there can be no greater anguish. Please return her to her husband’s side – he would have wanted that.”
“What would you have done if you were in the same position?” asked the defence in its closing statements to a panel of 6 lay judges and 3 professional judges. Judges found her guilty of murder, but mercifully sentenced her to only 3 years (the prosecution sought 5, the usual minimum for murder) – they also suspended the sentence for 5 years, meaning she will go free without serving any time in prison, assuming she can refrain from killing any more of her offspring for 5 years
via Sankaku Complex http://www.sankakucomplex.com/2010/04/22/mercy-for-mother-who-murdered-son/
I found this sooooo sad =[
-
I lold @ "assuming she can refrain from killing any more of her offspring".
Euthanasia is a touchy subject. I think it should be professionally induced when the patient is a vegetable or they are suffering a terminal illness. Either with their own consent or the consent of their next of kin of course. If a person is depressed or suffering a mental illness they shouldnt have this right.
-
That must be every mother's nightmare... poor woman. It was an ultimate act of love.
Why is this in debate? Does anyone here actually think that she should go to jail? (except for the stupid prosecution)
also... "I was tricked by a strange woman" ??
-
Was it really necessary to stab him with a knife? Couldn't she just have turned off the ventilator?
-
Was i really necessary to stab him with a knife? Couldn't she just have turned off the ventilator?
maybe :P
-
Was it really necessary to stab him with a knife? Couldn't she just have turned off the ventilator?
Youve obviously never heard of bonus points? /sickjoke
-
sad story. :(
-
Was it really necessary to stab him with a knife? Couldn't she just have turned off the ventilator?
Exactly what I was thinking..
-
turning off the ventgilator may alarm the hpspital staff who may save him.. if i were her, id get potassium chloride and inject it into him - a lesss bloodier affair
-
The stress and trauma could have made her mentally unstable
-
Umm is it just me or...vegetable? lol?
-
Umm is it just me or...vegetable? lol?
lifeless..
-
It was probably some sort of weird Japanese honour killing.
-
Umm is it just me or...vegetable? lol?
http://en.wikipedia.org/wiki/Vegetative_state
-
What strikes me as strange is that, while Japanese law purportedly prevents the withdrawl of life support, it does not provide any financials to sustain it. If you had a relative who was unfortunate enough to suffer an accident to enter a vegetative state, you would be essentially forced by law to pay more money than most people make in a fortnight every day.
And what happens when the money runs out?
-
Euthanasia is a touchy subject. I think it should be professionally induced when the patient is a vegetable or they are suffering a terminal illness. Either with their own consent or the consent of their next of kin of course. If a person is depressed or suffering a mental illness they shouldnt have this right.
I read a story the other week about a guy who once said that if he was ever in that state, he'd want to be euthanised. He then suffered an accident and was reduced to a quadriplegic with (apparently) no brain functions. His family were thinking of pulling the plug, but a doctor noticed the guy could react to stimuli using his eyes. They asked if he wanted to die, and he said no.
Just comes to show, we NEVER know whether a person really wants the plug pulled or not, even if they have said so previously.
-
This is why (until we develop more advanced vegetable-mind-reading technology, anyway) I think euthanasia should be confined to those with terminal illnesses but of sound mind.
Although on that logic you can never really be sure whether what someone has written in their will is what they REALLY want, especially as many people write their will years before they actually die. But wills are still legal.
-
Ninwa, you're the law student, what's the deal with doing something legally unacceptable but morally or practically acceptable?
I'm actually curious; making an emotional connection with the story leads you to think that she shouldn't be convicted, but a purely rational reading lends support to the other view. I suppose the judge took it into account by suspending the sentence...is it usually up to the judge's discretion?
-
There's often a specific defence which covers certain "morally/practically acceptable" situations - for example, self-defence in criminal law, and the good Samaritan defence in torts.
Outside of those, in Australian criminal law at least, there are statutory factors to be taken into consideration when sentencing. This includes stuff like family background, mental state, impact of a sentence on family (e.g. if the defendant is the only person taking care of her children etc.). This is what I'm guessing happened here, and why the sentencing judge gave her only a suspended sentence, after taking into account the back story.
-
ok
-
Yeah, okay, sounds logical enough. And since you mentioned it, is there a legal obligation to be the good samaritan?
-
Nope. :P
-
awesome, i'm covered then <3
-
Nope. :P
JERRY SEINFELD WOULD LIKE TO HAVE A CONVERSATION WITH YOU.
-
Nope. :P
JERRY SEINFELD WOULD LIKE TO HAVE A CONVERSATION WITH YOU.
Reporting a crime != good samaritan.
I PFFT AT YOU, SIR.
-
JERRY AND CO. WERE ARRESTED BECAUSE THEY DIDN'T HELP NOT BECAUSE THEY DIDN'T CALL THE PUHLEASE.
-
*cough* wrong country *cough*
-
*cough* wrong country *cough*
>:[