Abstract:
The phrase “Right to Die with Dignity” has long been a tag-line for the topic of assisted suicide. This dissertation tackles that topic through a qualitative policy evaluation study that includes a review and analysis of assisted suicide laws in 19 States in the United States, the District of Columbia, six countries other than the United States, and Supreme Court cases and other court decisions that are relevant to the topic. The dissertation also considers whether the time is right for assisted suicide policy development, based on recent court interpretations of the Fifth, Tenth and most specifically the Fourteenth Amendment(s) and how recent court decisions have been influenced by either the Constitution or public policy. The purpose of the dissertation is to recommend a public policy that establishes a new federal policy that represents a dignified, compassionate, and common-sense approach to assisted suicide.
The primary methodology is the use of the “legal lens of study approach,” which lays the foundational groundwork for the five research questions this dissertation explores. Analysis of the common elements of the existing laws was a first step in this policy evaluation and helped identify principles that should be included in any new policy. Also key to the analysis and the proposal of a new federal policy was the legal study of most relevant assisted suicide cases from several states and from the federal court system, including Supreme Court cases involving the Fourteenth Amendment in decisions concerning socially relevant issues that involve liberty interests and individual rights. Critical historical events concerning assisted suicide were uncovered in order to chronologically interpret the issue of assisted suicide over the past 45 years and how these cases and more recent court decisions might create opportunities for policy changes. Results indicate that leaving the issue of assisted suicide to be dealt with by each individual state or waiting for the Supreme Court to make a ruling that would finalize the issue on a national level has created an intolerably diverse quagmire for society as a whole and especially for those competent adult individuals who would prefer to choose this end-of-life option.