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A Case For Dying

Submitted by tmaldonado2 on March 7, 2007

Category: Social Issues
Words: 1788 | Pages: 8
Views: 452
Popularity Rank: 18,717
Average Member Grade: N/A (Add a Comment / Grade this Paper)

Opponents of physician-assisted suicide contend that the constitution does not protect a person’s right to hasten his or her death. These opponents believe that there is a legal distinction between killing and letting die. The Fourteenth Amendment declares that no state can deprive a “... person of life, liberty, or property, without due process of law...”(The U.S. Constitution Online, 2005). All people have a constitutionally protected liberty to choose the medical treatment they want and to refuse unwanted medical treatment. Although the constitution recognizes the right to refuse medical treatment, it does not extend that liberty to people who want to hasten their death. Forcing people against their will to receive medical treatment could also be seen as an unreasonable search or seizure of the body, prohibited by the Fourth Amendment. Furthermore, will all competent people be treated equally in the final stages of death and be afforded equal protection of the law? Judge Roger Miner, of the U.S. Court of Appeals for the Second Circuit ruled that “ By allowing terminally ill patients on life support to refuse unwanted medical treatment, but prohibiting terminally ill patients who are not on life support to ‘hasten their deaths’ ...fails to treat ‘similarly circumstanced person alike’”(Rosen, 1998). Opponents of physician-assisted suicide also contend that there are no legal similarities between a woman’s right to choose an abortion and physician-assisted suicide. Although both cases involve a choice of death, abortion is viewed as the killing of fetus that has not been recognized as person, therefore; it is not granted full rights. These rights include the protection and preservation of life.
In addition to the lack of constitutional rights for physician-assisted suicide, opponents also point to the difficulty of regulating such a practice. Opponents believe that legalizing assisted suicide would also lead to wide spread abuse. In the Netherlands,...

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