If You Help a Loved One Die Peacefully, You Could Face the Chance of Going to Jail Under Penal Code 401 PC
So many families go through the trauma of watching as a loved one slowly dies from an excruciatingly painful disease.
What if your loved one was begging you to help them end their life so they can pass with “dignity?” It would be so easy to help them end their suffering by providing them with some medication that would allow him or her to die quickly and end the pain, but would it be legal?
California law says no. According to California Penal Code 401, the “assisted suicide law,” if you give in to this very human temptation and “deliberately aid, advise, or encourage another to commit suicide,” you are in fact committing a felony offense. 1 You could go to jail for up to 3 years whether your efforts lead to your loved ones death or not. While this seems like a cruel and insensitive law, it is a law that must be obeyed if you wish to avoid serious criminal consequences.
Some people facing a dilemma similar to the above have decided to move to Oregon where assisted suicide is legal.
Oregon’s Death with Dignity Act
Implemented in 1997, the Oregon Death with Dignity Act allows a competent Oregon resident 18 years or older who has been given six months or less to live by a physician (due to a terminal disease) to request a prescription for a lethal dose of medication. The request must be initiated by the patient and the patient must not have any mental condition that may impair his or her judgment. 2
Both Washington and Vermont have similar death with dignity laws in place as well.
Is Assisted Suicide Ethical?
Some people argue that the time in which a person dies should be left to medical science. Others believe the exact time of death should belong to God.
However, millions of times each year grieving families go through unforgettable suffering helplessly watching a terminally ill loved one go through pain. The family is often unable to alleviate the suffering but also know that they cannot take steps to speed up their loved one’s passing without facing criminal charges.
This is a legal dilemma that our elected officials must take steps to change. Oregon’s Death with Dignity Act is a good one. It allows those dying of a terminal illness to end their life with dignity at a time and place that they deem best for themselves and their loved ones.
For a more in-depth explanation of California’s assisted suicide laws, click here.
Wallin and Klarich believes strongly that California must change their law so families no longer have to endure the suffering that takes place every day watching a loved one who is slowly dying. We are, however, aware that there may be different views on this controversial issue. We welcome your thoughts so we can share them with all of our readers.
1. [http://euthanasia.procon.org/view.resource.php?resourceID=5053]↩
2. [http://www.deathwithdignity.org/access-acts]↩
I believe that people have a right to end their own suffering, and to ask loved ones for assistance. It is also crucial, before you check out, that you explain to your family and friends why you have made this choice, and that it isn’t their fault. I am a Christian woman and I do not believe that people are doomed to eternal damnation for choosing to end their own life. Basically, I believe that God is nicer, not meaner, than I am. But if you do choose to end your life you should be considerate of other people who love you, and try to make things okay with them first so that they don’t blame themselves and go through emotional anguish and guilt feelings for the rest of their lives.
I think you make a very valid point. After someone passes the family members are often left with so many questions. It is very important for this to be a “family decision” or at minimum that the family speaks to the person who chooses to end their life so they can be accepting of that very personal decision. Thanks for the great comment.
Thanks for your favorable response to my comment, Mr. Wallin! I have known people who lived with a loved one’s suicide, and I believe that the person who chose suicide did not plan to hurt those who love them. Like so many hurtful situations, it was a case of failure to communicate.