Prosecutors and End-of-Life Decision Making
Archives Internal Medicine, Vol. 159, Pp. 1089-1095, 1999
Posted: 5 Nov 1999
Abstract
This study examines personal beliefs and professional behavior of criminal prosecutors toward end-of-life decisions, to determine whether instances of forgoing life-sustaining treatment and physician-assisted suicide are likely to be prosecuted and whether the public debate about physician-assisted suicide is likely to increase the involvement of prosecutors in issues of termination of life support. The study was conducted by a mail questionnaire. All prosecuting attorneys who are members of the National District Attorneys Association (n=2844) were mailed a questionnaire, with two follow-up mailings. 761 surveys were returned for a response rate of 26.8%. Prosecutors were asked to respond to questions concerning the potential for criminal liability in 4 cases of end-of-life decisionmaking, one involving physician-assisted suicide. A majority of respondents would not seek prosecution in each of the 4 cases, believe that the physicians' actions are morally correct in each case, and would want the same action taken if they were in the patient's position. Those who would prosecute would most often seek a charge of criminal homicide. Results indicate a strong correlation between personal beliefs and professional behaviors.
Criminal prosecutors are unwilling to prosecute physicians in those cases that clearly fall within currently accepted legal and professional boundaries. In the case of physician-assisted suicide, results reflect a surprisingly large professional unwillingness to prosecute and an even greater personal acceptance of physician-assisted suicide.
Note: This is a description of the article and not the actual abstract.
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