Friday, September 14, 2012

State v. Sexson case brief

 
  • State v Sexson- (FACTS) husband and wife have a suicide pact. ∆ holds the gun in place and wife pulls the trigger. He was guilty of murder. Participated in the final act.
  • How many steps does the decedent have to take???
    • Abuse? Was there actual duress, fraud, or deception? Test must show that there was no reasonable means of abuse.
      • The more steps one must take the less likely they are doing it at another’s command.
      • Pure passage of time
      • Physical presence of alleged ∆
    • Physician Assisted Suicide (PAS)
      • Most who are against issue is due to reasons of abuse…
        • Why would they want to manipulate the vulnerable state of patients
        • Was there pride on the part of doctor for their inability to cure
        • Financial aspects die quickly to save survivors the financial burden
          • This pressure doesn’t constitute physical pressure.

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