• Is criminal law regarding homicide based on an implicit assumption that

    From S K@21:1/5 to All on Sat Jan 14 14:41:11 2023
    In Euthanasia, when the person whose life is ended explicitly consents to it, does that remove the criminality of the act? As Hamlet's father's ghost says

    Thus was I, sleeping, by a brother's hand
    Of life, of crown, of queen, at once dispatch'd;
    Cut off even in the blossoms of my sin,
    Unhous'led, disappointed, unanel'd,815
    No reckoning made, but sent to my account
    With all my imperfections on my head.

    Is the shocking lack of fairness in murder the reason why societies seek to punish it?

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  • From John Levine@21:1/5 to skpflex1@gmail.com on Sat Jan 14 21:59:44 2023
    It appears that S K <skpflex1@gmail.com> said:
    In Euthanasia, when the person whose life is ended explicitly consents to it, does that remove the criminality of the act?

    Generally no. Assisted suicide is usually illegal except in narrow
    situations. The Wikipedia article on assisted suicide has lots more
    details.

    --
    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

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  • From Rick@21:1/5 to All on Sun Jan 15 06:52:10 2023
    "S K" wrote in message news:49fe890f-fe33-4d0f-b887-99e0e38b08d1n@googlegroups.com...

    In Euthanasia, when the person whose life is ended explicitly consents to
    it, does that remove the criminality of the act? As Hamlet's father's
    ghost says

    Thus was I, sleeping, by a brother's hand
    Of life, of crown, of queen, at once dispatch'd;
    Cut off even in the blossoms of my sin,
    Unhous'led, disappointed, unanel'd,815
    No reckoning made, but sent to my account
    With all my imperfections on my head.

    Is the shocking lack of fairness in murder the reason why societies seek to >punish it?

    In the US, at least, our society (and therefore our legal system) makes the assumption that a person who tries to commit suicide probably has some kind
    of mental illness. If you are caught trying to kill yourself, you will most likely be taken to a mental health facility and put under observation. If
    you are caught trying to assist another person in taking their life, you are generally deemed to be attacking an innocent person.

    --

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  • From micky@21:1/5 to Rick on Wed Jan 18 08:04:26 2023
    In misc.legal.moderated, on Sun, 15 Jan 2023 06:52:10 -0800 (PST),
    "Rick" <rick@nospam.com> wrote:

    "S K" wrote in message >news:49fe890f-fe33-4d0f-b887-99e0e38b08d1n@googlegroups.com...

    In Euthanasia, when the person whose life is ended explicitly consents to >>it, does that remove the criminality of the act? As Hamlet's father's >>ghost says

    Thus was I, sleeping, by a brother's hand
    Of life, of crown, of queen, at once dispatch'd;
    Cut off even in the blossoms of my sin,
    Unhous'led, disappointed, unanel'd,815
    No reckoning made, but sent to my account
    With all my imperfections on my head.

    Is the shocking lack of fairness in murder the reason why societies seek to >>punish it?

    In the US, at least, our society (and therefore our legal system) makes the >assumption that a person who tries to commit suicide probably has some kind >of mental illness. If you are caught trying to kill yourself, you will most >likely be taken to a mental health facility and put under observation. If >you are caught trying to assist another person in taking their life, you are >generally deemed to be attacking an innocent person.


    As a child, I watched detective shows and crime shows on tv, and I came
    to the conclusion that laws against suicide were meant to prevent murder disguised as suicide, or allow investigation of what might be murder.

    But gradually I learned, I think, that that is not the reason. I think
    that the goal for many or most is truly to prevent suicide, for
    religious or moral reasons. Christianity and Judaism both prohibit it,
    even when one is rational (maybe with different rationales?), but Jews
    didn't have much influence when these laws began, so some branch of
    Christians must pushed for such laws. That in itself doesn't make it a religious law or a violation of church and state, since most US laws can
    be found in some relgion practiced by Americans.

    I'm against suicide too, for religious reasons, but if I were in serious relentless or sufficiently recurring pain, I'm sure I would change my
    mind. And I don't expect others, alrready in serious relentless or
    recurring pain** to obey those laws.

    If someone brought me pills, that I would take myself, could/would he
    still be charged with assisting suicide just because he brought them????

    I would hope to get this settled when I still have the strength to take
    the pills from the bottle and lift the glass of water to my mouth,
    myself. But what if I don't?


    **It's been 20 years since I heard this discussed, but at the time some lecturer on the topic, or some husband of a dying wife said (or they
    both agreed), that doctors will usually not prescribe on an ongoing
    basis the strongest pain killers because they may be fatal, even if the
    patient finds that preferable to the pain. And that some people are
    forced to live in pain for months or years iirc. I don't know if this
    is because the doctors themselves are against causing death, or if they
    are afraid of lawsuits by family and/or criminal charges. FWIW aiu
    Judaism, if the purpose of taking the painkiller is to stop the pain,
    beause weaker drugs won't do it, and it happens to kill you, that's
    permitted. If the purpose is to kill yourself, it's not.

    And why do laws permitting assisted suicide have to have doctors doing
    it? If I were a doctor, I would be more opposed to it than I am and
    probably would not do it. It would be like violating my life's work. You
    don't need a doctor's education to assist suicide.

    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

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  • From John Levine@21:1/5 to All on Wed Jan 18 22:00:06 2023
    According to micky <misc07@fmguy.com>:
    But gradually I learned, I think, that that is not the reason. I think
    that the goal for many or most is truly to prevent suicide, for
    religious or moral reasons. ....

    There is also a practical reason, that most suicide attempts are
    impulsive, and once the impulse passes, a person is not likely to try
    again, despite what the mythology might say. One day many years ago a
    guy I knew drove out to the middle of the Verrazano-Narrows bridge,
    got out of his car, and jumped into New York harbor. Quite amazingly,
    a passing tugboat fished him out and he was not seriously hurt. He did
    not try again. That's why it makes sense to put nets under high
    bridges, notably the Golden Gate, and why it is reasonable to forbid
    people to help impulse suicides. (It's also a reason it's nuts to have
    so many guns around, but that's another issue.)

    I'm against suicide too, for religious reasons, but if I were in serious >relentless or sufficiently recurring pain, I'm sure I would change my
    mind. And I don't expect others, alrready in serious relentless or
    recurring pain** to obey those laws. ...

    I would hope to get this settled when I still have the strength to take
    the pills from the bottle and lift the glass of water to my mouth,
    myself. But what if I don't?

    The Final Exit Network, as its name suggests, helps people commit
    suicide. They have extensive protocols to ensure that the people who
    ask for their help really are facing an inevitable and miserable
    death, and not just depressed or angry. They've faced a fair amount of
    legal trouble, but so far their processes have been careful enough
    that there's been no convictions. Your question about what if someone
    is too weak to take that last action on their own is a really tough
    one.

    --
    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

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  • From micky@21:1/5 to Levine" on Thu Jan 19 07:10:44 2023
    In misc.legal.moderated, on Wed, 18 Jan 2023 22:00:06 -0800 (PST), "John Levine" <johnl@taugh.com> wrote:

    The Final Exit Network, as its name suggests, helps people commit

    Speaking of Final Exit, I came across that book at a yard sale or some
    place very cheap, and I like to have unusual or hard to find resources
    at hand, so I bought it.

    But when I was depressed, for good reason, and now too, I'm afraid to
    read it, for fear it will sound too easy, that things will not go wrong.
    As it stands now, all the normal ways seem to have the risk of not
    succeeding and making one's condition worse. CO can damage one's mind, jumping out a window can leave one with a broken back. I can't think of
    one that is risk free and I don't want to know.

    So it's buried somwhere under a foot of other junk. I should clean up my
    house or I'll get depressed about that!


    suicide. They have extensive protocols to ensure that the people who
    ask for their help really are facing an inevitable and miserable
    death, and not just depressed or angry. They've faced a fair amount of
    legal trouble, but so far their processes have been careful enough
    that there's been no convictions. Your question about what if someone
    is too weak to take that last action on their own is a really tough
    one.


    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

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  • From Rick@21:1/5 to micky on Thu Jan 19 09:34:52 2023
    "micky" wrote in message news:18rfsh9irvq3m506dhsercpd7sug184ie5@4ax.com...

    In misc.legal.moderated, on Sun, 15 Jan 2023 06:52:10 -0800 (PST),
    "Rick" <rick@nospam.com> wrote:

    "S K" wrote in message >>news:49fe890f-fe33-4d0f-b887-99e0e38b08d1n@googlegroups.com...

    In Euthanasia, when the person whose life is ended explicitly consents to >>>it, does that remove the criminality of the act? As Hamlet's father's >>>ghost says

    Thus was I, sleeping, by a brother's hand
    Of life, of crown, of queen, at once dispatch'd;
    Cut off even in the blossoms of my sin,
    Unhous'led, disappointed, unanel'd,815
    No reckoning made, but sent to my account
    With all my imperfections on my head.

    Is the shocking lack of fairness in murder the reason why societies seek >>>to
    punish it?

    In the US, at least, our society (and therefore our legal system) makes
    the
    assumption that a person who tries to commit suicide probably has some
    kind
    of mental illness. If you are caught trying to kill yourself, you will >>most
    likely be taken to a mental health facility and put under observation. If >>you are caught trying to assist another person in taking their life, you >>are
    generally deemed to be attacking an innocent person.


    As a child, I watched detective shows and crime shows on tv, and I came
    to the conclusion that laws against suicide were meant to prevent murder >disguised as suicide, or allow investigation of what might be murder.

    But gradually I learned, I think, that that is not the reason. I think
    that the goal for many or most is truly to prevent suicide, for
    religious or moral reasons. Christianity and Judaism both prohibit it,
    even when one is rational (maybe with different rationales?), but Jews
    didn't have much influence when these laws began, so some branch of >Christians must pushed for such laws. That in itself doesn't make it a >religious law or a violation of church and state, since most US laws can
    be found in some relgion practiced by Americans.


    I don't think the laws on this are religion based. You are right that Christianity and Judaism both prohibit suicide, but they also prohibit a lot
    of things that are not illegal, like not believing in God. I think the laws are more based on the theory that no mentally healthy person would want to
    take their life, and that anyone who tries to take their life is by
    definition mentally ill. And our society is at least partially based on wanting to help and protect people who are mentally ill. If anything, this actually goes back to natural selection and evolution. The human species
    could not continue if people routinely killed themselves. So over time, the trait of wanting to kill yourself had to be selected out so that those who survived are those who place the ultimate value on keeping themselves alive.

    Your point about wanting to kill oneself if physical pain got intense enough
    is valid, but implied is the idea that if the pain went away, so would the desire to take one's life. So the issue isn't really that a person wants to die as that they want to stop the pain and dying is the only way they can accomplish that.
    --

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  • From Barry Gold@21:1/5 to micky on Thu Jan 19 09:33:58 2023
    On 1/19/2023 7:10 AM, micky wrote:
    The Final Exit Network, as its name suggests, helps people commit
    Speaking of Final Exit, I came across that book at a yard sale or some
    place very cheap, and I like to have unusual or hard to find resources
    at hand, so I bought it.

    But when I was depressed, for good reason, and now too, I'm afraid to
    read it, for fear it will sound too easy, that things will not go wrong.
    As it stands now, all the normal ways seem to have the risk of not
    succeeding and making one's condition worse. CO can damage one's mind, jumping out a window can leave one with a broken back. I can't think of
    one that is risk free and I don't want to know.

    So it's buried somwhere under a foot of other junk. I should clean up my house or I'll get depressed about that!

    FWIW, I've read that book, and I think the method recommended sucks. I
    think I know a better way. I won't say what it is for obvious reasons.

    --
    I do so have a memory. It's backed up on DVD... somewhere...

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  • From John Levine@21:1/5 to All on Thu Jan 19 13:11:36 2023
    According to micky <misc07@fmguy.com>:
    But when I was depressed, for good reason, and now too, I'm afraid to
    read it, for fear it will sound too easy, that things will not go wrong.
    As it stands now, all the normal ways seem to have the risk of not
    succeeding and making one's condition worse. CO can damage one's mind, >jumping out a window can leave one with a broken back. I can't think of
    one that is risk free and I don't want to know.

    If you don't have a gun, killing yourself is quite hard. So we all hope you don't.

    --
    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

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  • From Nobody Special@21:1/5 to Rick on Thu Jan 19 14:40:51 2023
    On 19/01/2023 17:34, Rick wrote:


    I don't think the laws on this are religion based.  You are right that Christianity and Judaism both prohibit suicide, but they also prohibit
    a lot of things that are not illegal, like not believing in God.  I
    think the laws are more based on the theory that no mentally healthy
    person would want to take their life, and that anyone who tries to
    take their life is by definition mentally ill.  And our society is at
    least partially based on wanting to help and protect people who are
    mentally ill.

    Canadians have a law of medical assistance in dying (MAID) and they want
    to clarify further as to who qualifies for this: Mental illness will
    qualify for this according to this statement:

    <https://www.canada.ca/en/department-justice/news/2022/12/statement-by-ministers-lametti-duclos-and-bennett-on-medical-assistance-in-dying-in-canada.html>

    The law comes into force on March 17th, 2023.

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  • From Roy@21:1/5 to John Levine on Thu Jan 19 14:40:13 2023
    On 1/19/2023 1:11 PM, John Levine wrote:
    According to micky <misc07@fmguy.com>:
    But when I was depressed, for good reason, and now too, I'm afraid to
    read it, for fear it will sound too easy, that things will not go wrong.
    As it stands now, all the normal ways seem to have the risk of not
    succeeding and making one's condition worse. CO can damage one's mind,
    jumping out a window can leave one with a broken back. I can't think of
    one that is risk free and I don't want to know.

    If you don't have a gun, killing yourself is quite hard. So we all hope you don't.


    Let's close off the discussion on how to commit suicide

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  • From Jethro_uk@21:1/5 to Roy on Sat Jan 21 08:01:52 2023
    On Thu, 19 Jan 2023 14:40:13 -0800, Roy wrote:

    On 1/19/2023 1:11 PM, John Levine wrote:
    According to micky <misc07@fmguy.com>:
    But when I was depressed, for good reason, and now too, I'm afraid to
    read it, for fear it will sound too easy, that things will not go
    wrong.
    As it stands now, all the normal ways seem to have the risk of not
    succeeding and making one's condition worse. CO can damage one's
    mind,
    jumping out a window can leave one with a broken back. I can't think
    of one that is risk free and I don't want to know.

    If you don't have a gun, killing yourself is quite hard. So we all
    hope you don't.


    Let's close off the discussion on how to commit suicide

    Indeed. Otherwise this forum could be banned in the UK. (That's if anyone
    in the UK authorities knows of usenet anymore. I suspect if it was
    explained they'd think it was new.)

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  • From micky@21:1/5 to jethro_uk@hotmailbin.com on Sat Jan 21 21:24:10 2023
    In misc.legal.moderated, on Sat, 21 Jan 2023 08:01:52 -0800 (PST),
    Jethro_uk <jethro_uk@hotmailbin.com> wrote:

    Indeed. Otherwise this forum could be banned in the UK. (That's if anyone
    in the UK authorities knows of usenet anymore. I suspect if it was
    explained they'd think it was new.)

    We should do something to make it popular again. It is by far the best
    method for internet conversation. I had a list of 18 reason that it was
    better than the web. but no one makes money on it so no one promotes
    it.

    So maybe we should do just what you hint at. Tell them it's new and
    maybe they'll flock to it.



    Some other method could conceivably have the advantages of usenet and a
    couple more good features, but none does.

    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

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  • From Stuart O. Bronstein@21:1/5 to micky on Sun Jan 22 09:12:38 2023
    micky <misc07@fmguy.com> wrote:
    Jethro_uk <jethro_uk@hotmailbin.com> wrote:

    Indeed. Otherwise this forum could be banned in the UK. (That's if
    anyone in the UK authorities knows of usenet anymore. I suspect if
    it was explained they'd think it was new.)

    We should do something to make it popular again. It is by far the
    best method for internet conversation. I had a list of 18 reason
    that it was better than the web. but no one makes money on it so
    no one promotes it.

    So maybe we should do just what you hint at. Tell them it's new
    and maybe they'll flock to it.

    Some other method could conceivably have the advantages of usenet
    and a couple more good features, but none does.

    ISPs used to provide free access to a usenete server. They no longer
    do, which may be part of the reason it's not more popular, or even
    known. And when Google essentially hijacked it, with an interface that
    is much less than optimum, it also lost interest.

    --
    Stu
    http://DownToEarthLawyer.com


    --
    This email has been checked for viruses by AVG antivirus software.
    www.avg.com

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  • From John Levine@21:1/5 to All on Sun Jan 22 22:19:16 2023
    According to micky <misc07@fmguy.com>:
    Indeed. Otherwise this forum could be banned in the UK. (That's if anyone >>in the UK authorities knows of usenet anymore. I suspect if it was >>explained they'd think it was new.)

    We should do something to make it popular again. ...

    There is a uk.legal.moderated newsgroup which is much busier than this
    one. My server currently has over 100 messages from the past few days.

    It is largely the same handful of people arguing with each other, but
    on usenet, what else is new? I recognize a few names of people who
    post to both groups.

    --
    Regards,
    John Levine, johnl@taugh.com, Primary Perpetrator of "The Internet for Dummies",
    Please consider the environment before reading this e-mail. https://jl.ly

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