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Jordan Manslaughter Case Study

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Question 7 In determining if Lillyvick, Slackbridge, and Nubbles would be acquitted of manslaughter, who should examine the cases of Jordan (discussed previously in question 4) and Smith (1959). In Smith, the accused had stabbed Private Creed, a soldier in a “rival” regiment, and as Creed was being taken to the first aid station, he was dropped twice and given improper treatment by the means of an artificial respiration (lung had been punctured). In addition, Creed died two hours after the original wounding, and had Creed received proper treatment, there was as high as a 75% chance he would have recovered. Additionally, Smith was convicted of murder since it was clear from the fact that Private Creed died so quickly after the original stab …show more content…

The principle of “acceleration of death” was applied in the English cause of Bodkin Adams (1957), and its approach could be adopted by Canadian courts. In Bodkin Adams, Mrs. Morrell’s death was inevitable and she was suffering severe amounts of pain. To relieve the pain, Dr. Adams administered a drug to Mrs. Morrell that ultimately killed her and Dr. Adams had been aware that there was a chance that the drug could kill Mrs. Morrell. Furthermore, Dr. Adams was not convicted of murder as his purpose was to relieve the pain. This distinction is crucial in determining if Rachel is guilty of a criminal offence. Since the testimony of Sairey Gamp, a pharmacologist, suggests that the drug administered to Arthur would have undoubtedly be fatal for anyone, it appears Rachel’s intentions were on killing Arthur, and not reducing or relieving the pain. Thus, Rachel should be charged with murder, if Canadian courts follow the approach of Bodkin …show more content…

In light of the research I have conducted, I have to disagree with this argument made. According to research done in the Netherlands pertaining to the “slippery slope argument”, there have been no such occurrence; rather the researchers found that "public control and transparency of the practice of euthanasia is to a large extent possible". In addition, in contrast to the belief of Justice Sopinka, in the Netherlands, there was no increase in the “frequency of ending of life without explicit patient request”. Furthermore, in Belgium there have been about 1,400 cases a year of assisted suicide since the introduction of euthanasia and assisted suicide. The vital point here is that, on average, Belgium has helped 1,400 individuals not suffer unbearable amounts of pain

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In the case State v. Mark Ducic, Mark is on trial for the murders of Barbra Davis and Donald (Don). Ducic had allegedly murdered Barbra for thinking she was going to tell the police about him dealing drugs, and Don for being the only witness to the murder. When Barbra died, her body was found with numerous drugs in her system and later her friend, Don was found dead too. When the coroner first received the bodies, she believed they had died to accidental overdoses, then after reviewing the police reports changed her mind to homicides that were done out through strategic planning. Ducic was said to have mixed oxycontin with other drugs to create a “hot shot” to make the drug injection look like an overdose.

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This reckless act led to McClain's death, leaving his family and the community devastated. The Legal Ramifications of Medical Negligence The paramedic who injected McClain with the fatal dose of sedative has been held accountable for his actions. The court recognized the gross #negligence and disregard for human life displayed by the paramedic and sentenced him to five years in #prison. This landmark ruling sends a clear message that medical professionals who fail to uphold their duty of care will be held responsible for their actions.

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In the book Assisted Suicide in Canada: Moral, Legal, and Policy Considerations by Travis Dumsday, a counter argument to the legal precedent for medical assistance in dying (MAID) in Canada is constructed. The main approach Dumsday makes to substantiate his stance is exhibiting the moral and ethical controversy that MAID creates in Canda, and how the Legality of MAID should be overturned. Several types of avenues of data and methodologies are used in the book to support Dumsday’s anti-MAID arguments. Firstly, they develop the historical context of MAID in Canada and attempt to express errors in the original Carter V. Canda supreme court case and how flawed logic and immoral practices corrupted the case, which has led to the expansion of Medically assisted euthanasia in Canada. The author then begins an explanation of the morality and ethical quandary he feels about MAID and how morality should point toward if not a cessation of MAID that a governmental decision to not fund the program.

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1039 Words | 5 Pages

In the case of Hilly Bosscher, the moral issue discussed is physician assisted suicide. In assisted suicide the physician provides the patient with the means to end his or her own life, and the patient does so by his or her own hand. In cases of euthanasia, the physician themselves administer the lethal dose or directly cause the death of the patient in accordance with his or her wishes (Weijer, Skelton & Brennan 146). Therefore, because Dr. Chabot only prescribed the sleeping medication and Mrs. Bosscher took it herself, the discussed situation is a case of physician assisted suicide. 2.

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1142 Words | 5 Pages

The public has reacted with incredulity that the court’s definition of behaviour showing “innocence of murder” could include the extended deception and dishonest conduct of this man, who has continued, day after day, month after month, year after year to conceal the truth about his wife’s death (Couriermail 2016). The success of Baden-Clay’s appeal in turn, influences others in similar situations of spouse homicide and not only allows but encourages this deceptive behaviour. This would surely be detrimental to all of Queensland society and create an unsafe culture by opening this type of opportunity for future homicides and killings if all it takes to win a spouse homicide case was to dispose of the body so that there is no recognisable signs of trauma and enough evidence to be convicted of

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Hatshepsut was the fifth Pharaoh of the Eighteenth Dynasty of Egypt, ruling from c. 1478 or 1479. There were very few female Pharaohs during this time and she has proven to be one of the most successful leaders in Egypt’s history. Hatsheput was one of two daughters born to the Pharaoh Thutmose I and his royal wife, Ahmose. She took over the throne after her father and husband died. The rightful heir to the throne, her husband’s second wife’s son, was too young to lead.

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Although the homicide of Lennie fits the textbook definition of involuntary euthanasia, George is arguably guilty of a different form of homicide: first-degree murder. First-degree murder contrasts with involuntary euthanasia on several counts, regarding both the perpetrator’s psychotic tendencies and their intent to kill. Those that argue George is guilty of first-degree murder explain that George had the intent to kill Lennie, as evident in his statement, “ ‘God a’mighty, if I was alone I could live so easy’ ” (Steinback 11). In these words lies proof that George had imagined life without Lennie, therefore foreshadowing the homicide itself.

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950 Words | 4 Pages

The case of Carter vs. Canada is one of triumph for Canadians to question their civil liberties and constitutional privileges to an extent that had not been experienced in the courts history. The decision to abandon the previous law restricting the practice of doctor assisted suicide was justified by the court in the context of those with severe illness as well as a mental disability, in which prohibits their overall wellness. In regards to Life, liberty and security, it comes to a progressive conclusion that both the Supreme Court of Canada and Tina Carter both unilaterally agree that Canadians who are suffering unbearably at the end of life should have the right to choose a dignified and peaceful death. To explicitly regard the constitutional legitimacy of physician-assisted suicide within the charter of rights general limitations, the law currently contradicts the charter.

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862 Words | 4 Pages

Flowers offers two reasons as to why Michelle Carter should be found guilty of involuntary manslaughter: She “actively encouraged” him to kill himself knowing that her boyfriend was emotionally unstable and confined in her and told him to “get back in” after he got out of the car filled with carbon monoxide seeking her guidance (3). Furthermore, Flowers presents counterarguments that seek Carter should not do time in prison: for example, Flowers claims that the reason Conrad Roy ultimately killed himself was because her words “get back in”, were “the proximate cause of his death” (3). In the end, Flowers concludes by saying Michelle Carter should “pay for her dark act,

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693 Words | 3 Pages

Shipman was found guilty of fifteen counts of murder including one count of forgery, this gives him fifteen life sentences and four years for forgery. Years after he died further investigations estimate that mr. harold shipman could have been responsible for the deaths of at least 236 more patients of his twenty - four year career. This sent a shockwave through the medical community. No one could have thought that someone could do such a thing

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1794 Words | 8 Pages

Accordingly, I questioned Pondexter “so-called” innocence in this horrific criminal act because he knowingly entered Lennox’s home with three other men with a gun to rob, inflict fear and possibly cause harm. In my view, the crime was premeditated, including the murder. According to Pondexter’s attorney David Dow, since the first gunshot fired by James Lee Henderson pierced Lennox’s brain the defense claimed that this was the wound that resulted in her death.

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765 Words | 4 Pages

The Queen Versus Dudley and Stephens is one of the fundamental cases of ethics and the validity of necessity. With this case the court decided that murder is not justified under the contexts of survival, a difficult and controversial verdict to make considering all the facts. However from my perspective the court did in fact make the right choice, taking into account the definition of justified murder, and the case or morality. To begin Case of Dudley and Stephens can be chartered back to when Captain Dudley decided to sail to australia, taking his three man crew consisting of Edwin Stephens; Edmund Brooks; and Richard Parker, the cabin boy.

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874 Words | 4 Pages

It is believed that once practicing physician-assisted suicides becomes an acceptable concept in society, the next steps will easily be taken toward unethical actions such as involuntary euthanasia. Edmund D. Pellegrino, MD, Professor Emeritus of Medicine and Medical Ethics at Georgetown University claims that our healthcare system is too obsessed with costs and principles of utility. He defies the belief that the slippery slope effect is no more than a prediction, by reminding the outlooks and inclinations of our society. Furthermore, he believes there comes a day that incompetent patients and those in coma won’t be asked for their permission to use euthanasia. The Netherlands is another example of such misuse.

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1497 Words | 6 Pages

After carrying out this work of death counseling he has been many times represented in court but despite of many efforts of the opponent lawyers he gets exonerated. He continues his work and has helped over 100 patients to end their lives. Jack has risked his life and energy to change the laws and challenge society’s attitude towards right to die. Here the argument arises that despite many efforts of Jack, at last the court has announced him 10 to 25 years of death. This according to me was wrong decision.

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1443 Words | 6 Pages

The most common location for the euthanasia act is in Netherlands but also in some other locations around the world. In the Netherlands euthanasia is also allowed without a parents or guardians consent. My argument is that I am pro euthanasia just because when you put yourself in a person shoes you would understand what they been through and the suffering pain they endure every day after the cause of illness. My opinion on this topic is that if I was in this predicament I would want to be able to choose whether or not I would like to choose a quick and painless death than suffering from pain and suffering on a daily basis.    The cost for the medication or what the lethal dosing item is less than 100 dollars but the cost of a assisted suicide can cost up to 100,000 dollars just to insure proper care of the patient to help the family in grief.

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