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Right to die,euthanasia, and community sentiment
Authors:Norman J. Finkel  Marie L. Hurabiell  Kevin C. Hughes
Affiliation:(1) Department of Psychology, Georgetown University, 20057 Washington, DC;(2) University of Pennsylvania Law School, Pennsylvania, USA;(3) Ohio State University Law School, Ohio, USA
Abstract:Three questions guide this research: Would nullifications occur in active euthanasia cases where the right to die is asserted? What sentiments would the community express, and how would those sentiments relate to nullifications? What variables would best predict verdict? Mock jurors offered reasons for their verdicts for four cases where all elements of first degree murder appeared to be satisfied. The cases varied thecompetency of the patient, theintent of the patient—if the wish to die was expressed, and whether a living will was present, and whether the defendant soughtcourt approval. Sizable nullifications (25% not guilty verdicts) and partial nullifications (39% guilty to lesser offenses) resulted. Some subjects viewed this as not a legal matter, but a private matter; others acknowledged the law's place, but viewed the law's position as wrong; still others nullified by using a common sense rather than a legal definition ofmalice. In this life-and-death matter, black letter law and common sense justice were not only far apart, but, in the eyes of some, irreconcilably so.
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