Mercy for Mother who Murdered Son (Sad Story)

[Yitzi_K]

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.

[ninwa]

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.

[Russ]

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?

[ninwa]

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.

[kenhung123]

ok

[Russ]

Yeah, okay, sounds logical enough. And since you mentioned it, is there a legal obligation to be the good samaritan?

[ninwa]

Nope.

[Russ]

awesome, i'm covered then <3

[Cthulhu]

Nope.

JERRY SEINFELD WOULD LIKE TO HAVE A CONVERSATION WITH YOU.

[ninwa]

Nope.

JERRY SEINFELD WOULD LIKE TO HAVE A CONVERSATION WITH YOU.

Reporting a crime != good samaritan.

I PFFT AT YOU, SIR.

[Cthulhu]

JERRY AND CO. WERE ARRESTED BECAUSE THEY DIDN'T HELP NOT BECAUSE THEY DIDN'T CALL THE PUHLEASE.

[Fyrefly]

*cough* wrong country *cough*

[Cthulhu]

*cough* wrong country *cough*

>:[