Friday, September 14, 2012

People v. Kevorkian case brief

  • People v. Kevorkian- ∆ convicted of assisting in two suicides, contended that a person had a due process right to commit suicide; therefore, the state statute under which he was prosecuted was unconstitutional.
      • No due process right to suicide exists.
      • Court of Appeals remands b/c trial court did not have benefit in this guidance and strongly suggests that he didn’t participate in the final act.
    • In case at hand women were really sick, we can feel comfortable that they weren’t pressured, they really wanted to kill themselves
      • Would we think differently if the person was just really depressed?
    • Is the rule “Consent is no defense to homicide” problematic?
      • Case at hand is not homicide because it was not Kevorkian who did it…
        • But how does this reconcile Welansky or Acosta??? It can’t be the rule that you are guilty of homicide if you are the one who does the final act.
    • Did ∆ cause the death or did the two victims???

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