Saturday, August 31, 2019
Kathleen S. Messinger recently published a Comment, Death with Dignity for the Seemingly Undignified: Denial of Aid in Dying in Prison, 109 J. Crim. L. & Criminology 633-673 (2019). Provided below is an abstract of the Comment.
The medical community has fundamentally changed how we think about life and death. Humans in privileged parts of the world are living longer and have access to life-saving treatment. The focus on quantity of life then has shifted to emphasizing quality of life and questioning whether longevity should at the expense of comfort or satisfaction. The conversation surrounding quality of life, and by extension end-of-life care, has included whether a competent adult has a right, or should have a right to end their own life on their own terms. The history of aid in dying is wrought with political ideology, notions of morality, and discussions of autonomy. In the wake of an aging population, aid in dying is more relevant now than ever. Aid in dying is often supported by notions of autonomy and dignity in choosing the conditions of if, when, and how to end one's life, however, there is one noticeable segment of the population entirely left out: incarcerated individuals. The incarcerated population is particularly relevant to the aid in dying conversation because, as the justice system continues to balloon and incarcerate more people, prisons are overcrowded, underfunded, and ill-equipped to support terminally ill and aging inmates. This leaves the aging incarcerated population vulnerable. As states continue to contemplate and pass legislation that permits aid in dying in particular circumstances, one is left wondering how, if at all, this legislation will affect those incarcerated. Early signs, in the form of prison policies and regulations, of how prisons will approach aid in dying for qualifying inmates suggests that the same dignitary respect afforded to non-incarcerated folk is explicitly forbidden to inmates in prison.
This Comment seeks to answer the question of who may choose to die on their own terms, in their own way. If we find that incarcerated individuals have a right to aid in dying, are there reasons or justifications for why we should not permit it?