Wait a second!
More handpicked essays just for you.
More handpicked essays just for you.
Ethical dilemma in euthanasia cases
The legal implications of euthanasia
Ethical dilemma in euthanasia cases
Don’t take our word for it - see why 10 million students trust us with their essay needs.
Recommended: Ethical dilemma in euthanasia cases
For a person to be sentenced for a crime, the prosecutor must prove that he/she acted negligently, recklessly, purposefully, or knowingly. First, negligence is established by showing that the defendant should have known with reason that his/her actions would violate the law. Secondly, recklessness entails a person consciously disregarding the fact that his/her actions may cause unreasonable damage to other people. Thirdly, a defendant acted knowingly if he/she was aware that his/her actions were against the law. In Belmont County, a man named Chedester was charged with the crime of killing two dogs and trying to hide their bodies. According to the country sheriff, the suspect was hunting near the victim’s residence when the two dogs named …show more content…
Regarding the length of the delay, most states’ statutes give the prosecutor 60 to 120 days to present a suspect to court unless the latter waives his/her right to a speedy trial. Some of the reasons that may result in delays include the lack of evidence or witnesses and a crowded docket. It is the responsibility of the prosecutor to take a defendant to court. However, sometimes the defendant may agree with the prosecutor’s action of not presenting him/her in court as soon as possible. In this case, the defendant cannot argue that his right to a speedy trial was violated. Lastly, the court assesses any possible prejudices and detriments suffered by the suspect during the delay (“Right to a Speedy and Public Trial,” 2015). For example, Lowrey (2011) reports that the North Carolina Second highest court held that the state violated a Durham man’s right to a speedy trial after his case lasted for five years before he could be presented to the court. The judged held that the delay was unreasonable and ordered the dismissal of the case on the basis of prejudice (Lowrey, 2011). One of the arguments used by people who support euthanasia is that the quality of life matters more that quantity. Additionally, the proponents of euthanasia maintain that a person has the right to make the decision on what is good for him/her provided he/she does not violate other people’s right (National Health Services,
...arately from the length of the delay, the prejudice towards the accused can be inferred from the length of the delay as established in R. v. Morin. Examining the Morin guidelines made the decision and since the guidelines set out an 8 to 10 month institutional delay and in this case the court deemed that the Crown was responsible for 23 months of delay. The court failed to justify the reason for the 23-month delay and since it exceeded the Morin guidelines the court concluded that the delay was unreasonable and the accused’s right under Section 11(b) of the Charter has been violated and the trial within a reasonable time was infringed and negated.
punished for their crimes at all. It is as simple as that. Granted, a plea
A crime being committed is the first event to initiate our criminal justice system. On June 12th 1994 a double murder was reported at the residence of Nicole Brown Simpson the ex-wife of the then beloved Orenthal James (OJ) Simpson. It was discovered that Nicole Brown Simpson and Ronald Goldman had been brutally murdered and the Los Angeles Police Department (LAPD) began their investigation, this being the second step in our criminal justice system.
American citizens accused of crimes have a constitutional right to a speedy public trial by an impartial jury, to be informed of the nature and cause of the accusation, to be confronted with witnesses against them, to bring witnesses in their favor, and to have the assistance of legal counsel. On April 27, 1861, Lincoln decided that such constitutional...
The criminal trial process is able to reflect the moral and ethical standards of society to a great extent. For the law to be effective, the criminal trial process must reflect what is accepted by society to be a breach of moral and ethical conduct and the extent to which protections are granted to the victims, the offenders and the community. For these reasons, the criminal trial process is effectively able to achieve this in the areas of the adversary system, the system of appeals, legal aid and the jury system.
The first right I will talk about, is the right for speedy trial. There are two factors to consider: the...
The use of evidence and witnesses is a mechanism in which the law attempts to balance the rights of victims and offenders in the criminal trial process. Evidence used in court are bound by the Evidence Act 1995 (NSW) and have to be lawfully obtained by the police. The use of evidence and witnesses balance the victims’ rights to a great extent. However, it is ineffective in balancing the rights of offenders. The law has been progressive in protecting the rights of victims in the use and collection of evidence and witness statements. The Criminal Procedure Amendment (Domestic Violence Complainants) Bill 2014, which amends the Criminal Procedure Act 1986, passed the NSW Legislative Council on 18 November 2014. The amendment enables victims of
Euthanasia should not be accepted as part of the standard way of dying because it not only contradicts the most respected moral principle of ‘thou shalt not kill’, but also good medical practice. The four principles of biomedical ethics can be used as a framework to help guide moral decision-making in difficult situations including euthanasia. Arguments against the moral permissibility of euthanasia which are based on respecting autonomy and non-maleficence outweigh those related to beneficence and justice. In any case of euthanasia, careful evaluation of the interests of the various parties involved is crucial because ethical principles can be contentious at times and their meanings could be interpreted differently from theory to theory (Robison
The jury plays a crucial role in the courts of trial. They are an integral part in the Australian justice system. The jury system brings ordinary people into the courts everyday to judge whether a case is guilty or innocent. The role of the jury varies, depending on the different cases. In Australia, the court is ran by an adversary system. In this system “..individual litigants play a central part, initiating court action and largely determining the issues in dispute” (Ellis 2013, p. 133). In this essay I will be discussing the role of the jury system and how some believe the jury is one of the most important institutions in ensuring that Australia has an effective legal system, while others disagree. I will evaluate the advantages and disadvantages of a jury system.
Another reason a patient may opt to euthanasia is to die with dignity. The patient, fully aware of the state he or she is in, should be able choose to die in all their senses as opposed to through natural course. A patient with an enlarged brain tumor can choose to die respectively, instead of attempting a risky surgery that could leave the patient in a worse condition then before the operation, possibly brain-dead. Or a patient with early signs of Dementia or Alzheimer’s disease may wish to be granted euthanization before their disease progresses and causes detrimental loss of sentimental memories. Ultimately it should be the patient’s choice to undergo a risky surgery or bite the bullet, and laws prohibiting euthanasia should not limit the patient’s options.
The right to choose is one of the most hotly contested ideas in America. While abortion is the topic that usually comes to mind, the right to die is a debate that is becoming more prevalent in our society every day. Dr. Kevin Fitzpatrick writes in “Euthanasia: we can live without it…,” that people should not be able to choose if they can die. He defends his ideas by showing how euthanasia is not a fully regulated practice and not always done legally. He goes on to say that most people who choose euthanasia do not have terminal illnesses and are usually just unhappy with their lives. However, Dr. Philip Nitschke disagrees in “Euthanasia: Hope you never need it, but be glad the option is there,” saying that we should have euthanasia as a viable option. Nitschke believes that people should be able to have euthanasia as an option to put in their living will in cases of
Most public defenders have very busy schedules and maybe over 50 cases to deal with so the defendant is not priority really. According to The Bronx Defenders “A state law limited the number of caseloads New York City public defenders could take on. 400 misdemeanors or 150 felonies a year. James told The Indypendent that when the law was passed, each LAS attorney averaged 632 cases a year (Ibarra)”. What this means is that the lawyer you were appointed doesn 't really have time to break down your case and try to get you off but maybe get you a good plea deal. In the movie Twelve Angry Men juror number 8 wasn 't completely sure if the boy did it or not so he voted not guilty. The two witnesses that was present to the crime had strong statements. As a lawyer your job is to discredit the witness but do to the public defendants lack of skill he let the jury hear the testimonials of the witnesses and put his client 's life in the jury 's hands. Ultimately juror number eight did the lawyers job for the kid and got him off. All in all most public defenders don’t really go deep into the case to see if their clients can win due to their overload of cases. The court appoints a lot of cases to public defenders, and ultimately overwhelms the lawyer and they fail to do their job correctly which puts a lot of underprivileged/poor or even innocent people in
...e or bring to trial the suspect before 96 hours". This also requires a lawyer be given to the defendant before a maximum of 7 days is reached.
More than likely, a good majority of people have heard about euthanasia at least once in their lifetime. For those out there who have been living under a rock their entire lives, euthanasia “is generally understood to mean the bringing about of a good death – ‘mercy killing’, where one person, ‘A’, ends the life of another person, ‘B’, for the sake of ‘B’.” (Kuhse 294). There are people who believe this is a completely logical scenario that should be allowed, and there are others that oppose this view. For the purpose of this essay, I will be defending those who are suffering from euthanasia.
In the following essay, I argue that euthanasia is not morally acceptable because it always involves killing, and undermines intrinsic value of human being. The moral basis on which euthanasia defends its position is contradictory and arbitrary in that its moral values represented in such terms as ‘mercy killing’, ‘dying with dignity’, ‘good death’ and ‘right for self-determination’ fail to justify taking one’s life.