Freedom of Life

8/16/2019 Freedom of Life

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Devan Dhillon

Professor Rys

English 102

15 March 2016

Word Count:

he !reedo" of Death

# he greatest hu"an freedo" is to live$ and die$ according to one%s o&n desires and

'eliefs( he "ost co""on desire a"ong those &ith a ter"inal illness is to die &ith so"e

"easure of dignity( !ro" advance directives to )hysician*assisted dying$ +there are "any &aysto, )rovide o)tions for the dying to control their o&n end*of*life care# -#.'out Death With

Dignity#/( he nited tates of ."erica has a long*standing and uni ue 'ond &ith freedo"3

freedo" of s)eech$ religions$ "arriage$ guns$ and life( he a'ortion de'ate 'eco"es "ore and

"ore )resent as the )residential race heats u) every four years$ yet the freedo" of death is never

discussed( Euthanasia$ or "ore co""only called assisted suicide$ has 'een hiding in the

'ac4ground of the ."erican "edia and culture for decades( !ro" Dr( ac4 evor4ian of

Michigan in the late 1770s and early 2000s suffered a )u'lic and televised trial$ to 8rittany

Maynard in 2019 &ho )osted on !ace'oo4 that she &as going to end her life after losing the

'attle to cancer 'eca"e a viral ne&s ite"$ euthanasia is a su' ect that divides "any )eo)le( ;n

the )rocess$ a ter"inally ill )erson 4no&s that there is no end other than death( he ter" euthanasia originally "eant only %good death$% 'ut in "odern society it has co"e to

"ean a death free of any an=iety and )ain$ often 'rought a'out through the use of "edication(

Most recently$ it has co"e to "ean %"ercy 4illing% ** deli'erately )utting an end to so"eone%s life


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in order to s)are the individual%s suffering? -Manning/( .ccording to the ;nternational as4 !orce

on Euthanasia and .ssisted uicide$ the )rocess is illegal and i""oral for "any reasons( Most

concisely )ut$ their &e'site states that #the govern"ent should not have the right to give one

grou) of )eo)le -doctors/ the )o&er to 4ill another grou) of )eo)le -)atients/( .ctivists often

clai" that la&s against euthanasia and assisted suicide are govern"ent "andated suffering( 8ut

this clai" &ould 'e si"ilar to saying that la&s against selling conta"inated food are govern"ent

"andated starvation? ->Euthanasia and .ssisted uicide: !re uently .s4ed @uestions?/( he

logical )arallel is fla&ed 'ecause the grou) a))lies a very s)ecific uestion$ the assisted death of

ter"inal ill )atients$ to a 'road )o)ulation$ all )eo)le &ho eat food$ &hich is a fla& calledgeneraliAation( ;n the end$ noted cos"ologist and )hysicist$ te)hen Ba&4ing$ &ho has suffered

for "ost of his life and &ould 'e considered for this )rocedure has the 'etter vie&: #; thin4 those

&ho have a ter"inal illness and are in great )ain should have the right to choose to end their

lives and those that hel) the" should 'e free fro" )rosecution( We don t let ani"als suffer$ so

&hy hu"ans# -Ba&4ing/ 8y e=a"ining the trial of Dr( ac4 evor4ian$ the case of erri

chiavo$ and 8rittany Maynard$ this essay &ill research the future ste)s that can 'e ta4e to

legaliAe )hysician assisted suicide for ter"inally ill )atients(

Euthanasia is not a co""only discussed to)ic in the ."erican ho"e$ until it 'eco"es a

first hand dile""a( With "edical innovation$ ne& treat"ents$ and the drug co")anies al&ays

trying to "a4e a )rofit$ there is "ore )ressure than ever to e=tend a life$ no "atter &hat the cost(

et$ for drug co")anies$ and even research doctors$ a death is a failure &here )rolonged life is a

success$ and they are so hy)er focused on increasing their success that they do not loo4 at the

uality of life$ 'ut the uantity( Dr( ac4 evor4ian &as ta4en to trial three ti"es and found

innocent 'y three different uries until 1777$ &hen he &as finally convicted of second degree


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"urder and sent to ail for t&enty*five years( !or Dr( evor4ian$ he 'elieved$ "uch li4e Dr(

Ba&4ing$ that there is a sense of dignity and choice that cannot 'e denied( ;f so"eone is dying$

and there is truly no other o)tion$ &hy suffer .;D )atients throughout the "id 17G0s and late

1770s$ &hen the disease &as at its )ea4$ died terri'le deaths$ )ainful fits of 'odily deterioration(

he acade"y a&ard &inning fil"$ The Dallas Buyers Club $ e=)osed the 'rutal honesty of ho&

terri'le the disease &as( Cancer is no different and those &ho die for" it are 'eing eaten alive

fro" the insides out( he )ain$ disco"fort$ and sha"e that co"es &ith 'eing in that state is

enough to drive anyone to ta4e their o&n life( Dr( evor4ian loved his )atients and offered the"

an alternative( > he first suicide he &as involved in &as the 1770 death of ane .d4ins$ 59$ &hosuffered fro" .lAhei"er%s disease( he died in Dr( evor4ian%s Hol4s&agen van in Iroveland

Profile: Dr( Death?/( he &ay that Dr( evor4ian got a&ay &ith the deaths &as uite

si")le( Be 'uilt his >suicide "achine$? &hich rese"'les and &or4s on the sa"e )rinci)le as the

Death Penalty 'y lethal in ection$ he orders the "edication$ inserts the intravenous dri)s$ sho&s

the )atient &here the on s&itch is$ &here the go 'utton is$ then &al4s a&ay( ;t is u) to the )atient

and their fa"ily to turn the e ui)"ent on and )ush the 'utton to deliver the che"icals( hus$

&hat Dr( evor4ian &as doing &as assisting in suicide 'ut not actually co""itting the act of

"urder( he legal reasoning is the sa"e as a gun sho) o&ner &ho sells a )erfectly legal gun to

so"eone then they go ho"e and shoot the"selves( he gun sho) o&ner is not lia'le 'ecause they

&ere not a )art of the decision to die( Dr( evor4ian often used the sa"e logic3 if this is their

choice$ this is &hat they do$ 'ut the choice is theirs( .fter a series of trials$ there &as no legal

&ay to hold hi" accounta'le for the deaths$ until the Central 8roadcasting yste"$ C8 $ aired


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an intervie& on their )rogra" 60 Minutes : # ac4

evor4ian?/( !or the court$ the videota)ing and flaunting that he &as still assisting in the deaths

sent the" over the edge( Most of ."erica e=)erienced Euthanasia for the first ti"e that evening(

he idea of "ercy 4illing had )reviously only 'elonged to the four*legged friends &ith "uch

shorter lifes)ans( > evor4ian%s goal in life +&as, to overturn ."erica%s la&s )rohi'iting 'oth

active euthanasia and assisted suicide? -> ac4 evor4ian?/$ and his life s &or4$ including aidingin the death of nearly 190 )eo)le$ has o)ened the discussion legally and "orally here in ."erica(

.t the sa"e ti"e Dr( evor4ian &as "a4ing national ne&s in Michigan$ going to ail for

hel)ing )eo)le die )eacefully$ the !lorida courts &ere "urdering erri chiavo$ a &o"an in a

vegetative state$ 'y not feeding her for days( erri suffered a "assive heart attac4$ &hich left her

'rain deo=ygenated for too long( he result &as a co"a that lasted for three years -1770*177F/ at

&hich ti"e$ her hus'and Michael signed a do not resuscitate order$ &hich her )arents

i""ediately challenged in court( > o &hat &as 4no&n a'out erri chiavo%s &ishes and values

ince she unfortunately left no &ritten advance directive$ the ne=t ste) &ould 'e to "eet &ith her

closest fa"ily "e"'ers and try to understand &hat she &ould have &anted under these "edical

circu"stances if she could have s)o4en for herself? -@uill/( Ber hus'and Michael felt that their

discussions at ho"e &ould indicate that living via feeding tu'e is not &hat erri &ould have

&anted$ and she &ould su))ort ending life su))ort(


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artificial hydration and nutrition$ is a settled ethical and legal issue in this country 'ased on

the right to 'odily integrity( he chiavo case raises challenging uestions a'out ho& to define

fa"ily and ho& to )roceed if "e"'ers of the i""ediate fa"ily are not in agree"ent? -@uill/(

What "ade the ruling so controversial is that the court sided &ith Michael and re"oved erri s

feeding tu'e( ;t too4 days for her to die of dehydration( he Catholic Church$ a still )o&erful

institution at the ti"e "ade sure to co""ent on the cases surfacing all over the &orld( Dr(

Ber'ert$ a leading "edical researcher for the Catholic Church notes:

here is no intellectually honest &ay to )ortray &hat occurred in the chiavo case as

anything 'ut %Euthanasia 'y o"ission% as Po)e ohn Paul ;; descri'ed it in his 2009allocution((( he 2009 Pa)al teaching s)ecifically addressed the issue of )ersistent vegetative

state -PH / and the "oral necessity of )roviding sustenance as )art of 'asic su))ortive and

hu"ane care$ not e=traordinary "edical intervention((( While it is co")letely understanda'le

and a))ro)riate that )eo)le &ish to 'e co")assionate to those &ho suffer &ith PH (((ending

their lives 'y dehydrating the" to death is not a "orally licit &ay to do so((( ; feel the duty to

reaffir" strongly that the intrinsic value and )ersonal dignity of every hu"an 'eing do not

change$ no "atter &hat the concrete circu"stances of his or her life( . "an$ even if seriously

ill or disa'led in the e=ercise of his highest functions$ is and al&ays &ill 'e a "an$ and he

&ill never 'eco"e a %vegeta'le% or an %ani"al%((( -Bu'ert/(

he "orality again co"es to light( he la&yers for evor4ian used this case nu"erous ti"es to

defend his actions( ;n evor4ian s case$ his )atients died &ithin "inutes$ and 'ecause he assisted

the" he &as guilty( et$ erri s death &as a))roved 'y the courts of !lorida and it &as )ainful$

&aiting days for her 'ody to dehydrate( ;"agine &atching a 'ody &aste a&ay in front of you$

una'le to &a4e u)$ una'le to cry out in )ain$ and all this vegetative )erson can do is shrivel in


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front of their loved ones( ;n evor4ian s cases$ his )atients could get their affairs in order$ say

good'ye to those they love$ and die )eacefully in a slee)*li4e state &ith no )ain or sha"e( his

leads to the funda"ental uestions surrounding Euthanasia3 &ho can legally ta4e their o&n life$

&ho can or cannot assist in the choice$ and &hy should the &orld care if one )eo)le "a4e the

choice for the"selves

ust over a year ago$ 27*year*old 8rittany Maynard 'eca"e the )oster face for the continued

de'ate( ince the evor4ian trials$ there have 'een five states &ho )assed >Death &ith Dignity?

acts that legaliAe "edical suicide if a co")etent )atient has "ade the choice( his is a direct

result of the over'earing govern"ental influence in erri chiavo s case$ &hich >underscored thenation%s dee) distaste for &hat "any regard as over'earing govern"ent intrusion$ various )olls

sho&? ->Legacy for Life?/( 8rittany s story is slightly different in that she &as a nor"ally

functioning young adult$ active$ )hysically fit$ a ne&ly&ed and devoted &ife( he lived &ith her

hus'and Dan in California &hen she &as diagnosed &ith ter"inal and aggressive 'rain cancer( ;n

her &ords$ 8rittany &rote >'ecause "y tu"or is so large$ doctors )rescri'ed full 'rain radiation(

; read a'out the side effects: he hair on "y scal) &ould have 'een singed off( My scal) &ould

'e left covered &ith first*degree 'urns( My uality of life$ as ; 4ne& it$ &ould 'e gone?

-Maynard/( his turned into a very )u'lic de'ate a'out the uality of live versus the uantity of

life( ;n her case$ 'ecause she &as so young 8rittany faced an even "ore difficult tas4: >8ecause

the rest of "y 'ody is young and healthy$ ; a" li4ely to )hysically hang on for a long ti"e even

though cancer is eating "y "ind( ; )ro'a'ly &ould have suffered in hos)ice care for &ee4s or

even "onths( .nd "y fa"ily &ould have had to &atch that( ; did not &ant this night"are

scenario for "y fa"ily$ so ; started researching death &ith dignity? -Maynard/(


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)assed the la& 'ut it is not in effect$ and Montana allo&s )hysician assisted suicide$ follo&ing

the )rocess of Dr( evor4ian s che"ical "odel( ince she did not live in an area &here she could

legally "a4e the choice$ she u)rooted her life and "oved to


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fla&ed( .s a re'uttal$ ing s College in London held a sy")osiu"$ and one of their s)ea4ers$

Professor Penney Le&is$ notes that >the critics &ho rely on this sli))ery slo)e argu"ent often

o"it t&o i")ortant ele"ents$ there'y using fla&ed logic( !irst$ the argu"ent is only effective

against legaliAation if it is legaliAation$ &hich causes the sli))ery slo)e( econd$ it is only

effective if it is used co")aratively$ to sho& that the slo)e is "ore sli))ery in the Ketherlands

than it is in urisdictions &hich have not legaliAed assisted suicide or euthanasia?

-Le&is/( Professor Le&is "a4es his clai"s 'ased on the intent of hu"anity( .s long as the choice

re"ains an individual one$ allo&ed only to those &ho are ter"inally ill$ then the sli))ery slo)e

&ill never 'egin( ;t is in the &ording and i")le"entation of the la& that )rotects it fro" thelogical fallacy(

;n su""ation$ after e=a"ining the cases of Dr( ac4 evor4ian$ erri chiavo$ and 8rittany

Maynard$ this essay e=)oses the truth that in today s "edical &orld$ there is an e")hasis on

uantity rather than uality of life( 8y )assing "ore legislation$ li4e


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Wor4s Cited

#.'out Death With Dignity(# Death with Dignity ( 2007( We'( 15 March 2016(

>Euthanasia and .ssisted uicide: !re uently .s4ed @uestions(# The International Task Force

on Euthanasia and Assisted Suicide ( 21 an 2007( We'( 15 Mar 2016(

Ba&4ing$ te)hen$ PhD( >.n ;ntervie& &ith te)hen Ba&4ing on Life(? British Broadcasting

Cor oration ( 1N e)t 201F( We'( 15 Mar 2016(

Bu'ert$ (P($ r($ MD( #!r( Richard Mc8rien and

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