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Jack Kevorkian: “Too Much!”

For those not familiar with Kevorkian’s most recent escapade, ‘60 Minutes’ aired a videotape segment on November 22, 1998 of him injecting a fatal dose of Seconal into a 52-year-old man dying of amyotrophic lateral sclerosis. On the following Wednesday, he was charged with first degree murder in Pontiac, Michigan. According to Oakland County prosecutor David Gorcyca, “A review of the tapes involving Mr. Youk and Kevorkian present sufficient facts and probable cause to support charges of assisted suicide... Not withstanding Mr. Youk’s consent, consent is not a viable defense in taking the life of another, even under the most controlled environment. Kevorkian’s defense for his actions was that he was forcing a legal showdown and moving the public debate from physician assisted suicide to “mercy killing” (euthanasia). As he stated, “The issue’s got to be raised to the level where it is finally decided.” What is ironic is that the Michigan voters on November 3 rejected by a large majority the issue of physician assisted suicide. The issue of physician assisted suicide is not new. What Kevorkian has done with his latest act was to cross the line from physician assisted suicide to euthanasia. Although Kevorkian has assisted in more than 130 suicides, this is the first time, at least in the public spotlight, he has directly caused the death of a person. The difference between physician assisted suicide and euthanasia, commonly referred to as “mercy killing,” is not really splitting hairs. By definition, physician assisted suicide occurs when a physician provides the means or information for a person to perform the act to end a person’s life. For example, if a physician gives a person a prescription for a sleeping pill and instructions on the fatal dose and the person takes the pills and dies, this would be deemed physician assisted suicide. On the other hand, euthanasia is when the physician actually performs the act that ends the person’s life. Kevorkian injecting the lethal dose of Seconal into Mr.Youk’s vein resulting in his death is clearly euthanasia. The distinction between physician assisted suicide and euthanasia is not superficial since there are important legal ramifications. A physician who commits euthanasia may be criminally charged with murder as in the case of Kevorkian. Whereas, a physician who assists in a person’s suicide can be criminally charged under existing laws in 25 states of a felony less serious than homocide.