Finding a Compromise: A Criminal Law Defence for Regulating Medical Assistance in Dying
The legal discourse surrounding euthanasia and assisted suicide continues to evolve, with a growing demand for comprehensive regulation. However, in England and Wales, assistance in dying remains prohibited. This article draws on criminal law theory to propose a compromising approach to cases of medical assistance in dying by creating a new criminal law defence. This defence will be available to a physician assisting a patient to die on the conditions of autonomy and beneficence. If this defence is successful, it will completely remove the physician's criminal liability.
Authors
- Chrystala Fakonti (ORCID: https://orcid.org/0000-0003-0052-3816)
Institutions
- Glasgow Caledonian University (GB)
Publication Details
- Journal
- The Journal of Criminal Law
- Published
- 2024-08-30
- DOI
- https://doi.org/10.1177/00220183241276996
- Citations
- 2
- Primary Topic
- Legal principles and applications
- Type
- article
- Field-Weighted Citation Impact
- 8.15