|
Cruzan V. Director, Missouri Department Of Health
''Cruzan v. Director, Missouri Department of Health'', 497 U.S. 261 (1990), was a List of landmark court decisions in the United States, landmark decision of the Supreme Court of the United States involving a young adult incompetence (law), incompetent. The first "right to die" case ever heard by the Court, ''Cruzan'' was argued on December 6, 1989, and decided on June 25, 1990. In a 5–4 decision, the Court affirmed the earlier ruling of the Supreme Court of Missouri and ruled in favor of the U.S. state, State of Missouri, finding it was acceptable to require "clear and convincing evidence" of a patient's wishes for removal of life support. A significant outcome of the case was the creation of living will, advance health directives. Background On January 11, 1983, then-25-year-old Nancy Cruzan (born July 20, 1957) lost control of her car while driving at nighttime near Carthage, Missouri. She was thrown from the vehicle and landed face-down in a water-filled ditch. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Due Process Clause
A Due Process Clause is found in both the Fifth and Fourteenth Amendments to the United States Constitution, which prohibit the deprivation of "life, liberty, or property" by the federal and state governments, respectively, without due process of law. The U.S. Supreme Court interprets these clauses to guarantee a variety of protections: procedural due process (in civil and criminal proceedings); substantive due process (a guarantee of some fundamental rights); a prohibition against vague laws; incorporation of the Bill of Rights to state governments; and equal protection under the laws of the federal government. Text The clause in the Fifth Amendment to the United States Constitution provides: The clause in Section One of the Fourteenth Amendment to the United States Constitution provides: Background Clause 39 of Magna Carta provided: The phrase "due process of law" first appeared in a statutory rendition of Magna Carta in 1354 during the reign of Edward III of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Persistent Vegetative State
A vegetative state (VS) or post-coma unresponsiveness (PCU) is a disorder of consciousness in which patients with severe brain damage are in a state of partial arousal rather than true awareness. After four weeks in a vegetative state, the patient is classified as being in a persistent vegetative state (PVS). This diagnosis is classified as a permanent vegetative state some months (three in the US and six in the UK) after a non-traumatic brain injury or one year after a traumatic injury. The term unresponsive wakefulness syndrome may be used alternatively, as "vegetative state" has some negative connotations among the public. It is occasionally also called Apallic syndrome or Apallisches syndrome, Loanword, borrowings from German, primarily in European or older sources. Definition There are several definitions that vary by technical versus layman's usage. There are different legal implications in different countries. Medical definition Per the definition of the British Royal ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nancy Beth Cruzan, Gravestone Wellcome L0025849
Nancy may refer to: Places France * Nancy, France, a city in the northeastern French department of Meurthe-et-Moselle and formerly the capital of the duchy of Lorraine ** Arrondissement of Nancy, surrounding and including the city of Nancy ** Roman Catholic Diocese of Nancy, surrounding and including the city of Nancy ** École de Nancy, the spearhead of the Art Nouveau in France ** Musée de l'École de Nancy, a museum * Nancy-sur-Cluses, Haute-Savoie United States * Nancy, Kentucky * Nancy, Texas * Nancy, Virginia * Mount Nancy, in the White Mountains of New Hampshire People * Nancy (given name), including a list of people and fictional characters with the name * Nancy (singer) (Nancy Jewel McDonie; born 2000), member of Momoland * Nancy Ajram, Lebanese singer and businesswoman, commonly known mononymously as "Nancy" in the Arab World * Jean-Luc Nancy (1940–2021), French philosopher * Nazmun Munira Nancy, Bangladeshi singer Entertainment * ''Nancy'' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Letting Die
In non-consequentialist ethical thought, there is a moral distinction between killing and letting die. Whereas killing involves intervention, letting die involves withholding care (for example, in passive euthanasia), or other forms of inaction (such as in the Trolley problem). Also in medical ethics there is a moral distinction between euthanasia and letting die. Legally, patients often have a right to reject life-sustaining care, in areas that do not permit euthanasia. See also * '' Vacco v. Quill'' * Right to die The right to die is a concept rooted in the belief that individuals have the Self-ownership, autonomy to make fundamental decisions about their own lives, including the choice to Suicide, end them or undergo voluntary euthanasia, central to the b ... * Do not resuscitate * Rudy Linares case References Further reading * Bennett Jonathan (1993), 'Negation and abstention: two theories of allowing' in B. Steinbock and A. Norcross (eds.), ''Killing and Letting D ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Physician-assisted Suicide
Assisted suicide, sometimes restricted to the context of physician-assisted suicide (PAS), is the process by which a person, with the help of others, takes actions to end their life. Once it is determined that the person's situation qualifies under the laws for that location, the physician's assistance is usually limited to writing a Drug prescription, prescription for a lethal dose of drugs. This practice falls under the concept of the medical right to die, i.e. the right of a person to choose when and how they will die, either through medical aid in dying or refusing life-saving medical treatment. Assisted suicide is legal in some countries under certain circumstances, including Austria, Belgium, Assisted suicide in Canada, Canada, Germany, Luxembourg, the Netherlands, Portugal, Spain, Switzerland, Assisted suicide in the United States, parts of the United States and all six states in Euthanasia in Australia, Australia. The constitutional courts of Colombia, Ecuador, Estoni ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Antonin Scalia
Antonin Gregory Scalia (March 11, 1936 – February 13, 2016) was an American jurist who served as an associate justice of the Supreme Court of the United States from 1986 until his death in 2016. He was described as the intellectual anchor for the originalist and textualist position in the U.S. Supreme Court's conservative wing. For catalyzing an originalist and textualist movement in American law, he has been described as one of the most influential jurists of the twentieth century, and one of the most important justices in the history of the Supreme Court. Scalia was posthumously awarded the Presidential Medal of Freedom in 2018, and the Antonin Scalia Law School at George Mason University was named in his honor. Scalia was born in Trenton, New Jersey. A devout Catholic, he attended the Jesuit Xavier High School before receiving his undergraduate degree from Georgetown University. Scalia went on to graduate from Harvard Law School and spent six years at Jones Da ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Concurring Opinion
In law, a concurring opinion is in certain legal systems a written opinion by one or more judges of a court which agrees with the decision made by the Majority opinion, majority of the court, but states different (or additional) reasons as the basis for their decision. When no absolute majority of the court can agree on the basis for deciding the case, the decision of the court may be contained in a number of concurring opinions, and the concurring opinion joined by the greatest number of judges is referred to as the plurality opinion. As a practical matter, concurring opinions are slightly less useful to lawyers than majority opinions. Having failed to receive a majority of the court's votes, concurring opinions are not binding precedent and cannot be cited as such. But concurring opinions can sometimes be cited as a form of persuasive precedent (assuming the point of law is one on which there is no binding precedent already in effect). The conflict in views between a majority op ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Suicide
Suicide is the act of intentionally causing one's own death. Risk factors for suicide include mental disorders, physical disorders, and substance abuse. Some suicides are impulsive acts driven by stress (such as from financial or academic difficulties), relationship problems (such as breakups or divorces), or harassment and bullying. Those who have previously attempted suicide are at a higher risk for future attempts. Effective suicide prevention efforts include limiting access to methods of suicide such as firearms, drugs, and poisons; treating mental disorders and substance abuse; careful media reporting about suicide; improving economic conditions; and dialectical behaviour therapy (DBT). Although crisis hotlines, like 988 in North America and 13 11 14 in Australia, are common resources, their effectiveness has not been well studied. Suicide is the 10th leading cause of death worldwide, accounting for approximately 1.5% of total deaths. In a given year, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Elizabeth Bouvia
Elizabeth Bouvia (born c. 1958 - March 29, 2014) was a figure in the American right-to-die movement. Her case attracted nationwide attention in this area as well as in medical ethics. History On September 3, 1983, Bouvia, at the age of 26, admitted herself into the psychiatric ward of Riverside General Hospital in Riverside, California. She was almost totally paralysed by cerebral palsy and had severe degenerative arthritis, which caused her great pain. Bouvia was alienated from her family and husband, and had been entertaining thoughts of suicide. She requested hospital authorities to allow her to starve to death. When they refused and ordered her to be force-fed, Bouvia contacted the American Civil Liberties Union, which assigned her a lawyer. In the subsequent lawsuit, the court upheld the hospital's decision and ordered force-feeding to continue (Pence 64–65). Appeal Following the court case, a bitter dispute broke out among physicians regarding the Bouvia case. Bouvia tr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Karen Ann Quinlan Case
''In re Quinlan'' (70 N.J. 10, 355 A.2d 647 (NJ 1976)) was a landmark 1975 court case in the United States in which the parents of a woman who was kept alive by artificial means were allowed to order her removal from artificial ventilation. Karen Ann Quinlan Karen Ann Quinlan was 21 years old in 1975. After a night of drinking alcohol and ingesting tranquilizers, Quinlan lost consciousness and ceased breathing for two 15-minute periods. After it was determined that she was in a persistent vegetative state, her father, Joseph Quinlan, wished to remove her from the medical ventilator. Quinlan's primary physician and the hospital both refused. Legal case Quinlan's father retained attorneys Paul W. Armstrong, a Morris County, New Jersey, Legal Aid attorney, and James M. Crowley, an associate at the New York City law firm of Shearman & Sterling with degrees in theology and Church law, and filed suit in the New Jersey Superior Court in Morris County, New Jersey, on September 12, 19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Competence (law)
In United States and Canadian law, competence concerns the mental capacity of an individual to participate in legal proceedings or transactions, and the mental condition a person must have to be responsible for his or her decisions or acts. Competence is an attribute that is decision-specific. Depending on various factors which typically revolve around mental function integrity, an individual may or may not be competent to make a particular medical decision, a particular contractual agreement, to execute an effective deed to real property, or to execute a will having certain terms. Depending on the state, a guardian or conservator may be appointed by a court for a person who satisfies the state's tests for general incompetence, and the guardian or conservator exercises the incompetent's rights for the incompetent. Defendants who do not possess sufficient "competence" are usually excluded from criminal prosecution, while witnesses found not to possess requisite competence cann ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
