Friday, April 9, 2010

Assisted Suicide Is NOT Legal In Montana

The pro-deathers have been spinning a court decision in Montana as legalizing assisted suicide in that state. It’s not, and here’s why:
ANALYSIS OF IMPLICATIONS OF THE BAXTER CASE ON POTENTIAL CRIMINAL LIABILITY
The Montana Supreme Court’s assisted suicide decision is remarkable for what it did not do. In Baxter v. State of Montana, 354 Mont. 234 (2009), the Court did not declare assisted suicide a constitutional right, and it imposed no duty on physicians or hospitals to assist suicides. In fact, the Court’s narrow decision didn’t even “legalize” assisted suicide. The Court merely allowed a possible consent defense if persons continue to be charged with murder for assisted suicide. Because the Court defined the practice of assisted suicide so benignly, it is an open question whether most assisted suicides would even qualify for the defense. more

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