Prosecutorial guidelines for voluntary euthanasia and assisted suicide : autonomy, public confidence and high quality decision-making

White, Benjamin P. & Downie, Jocelyn (2012) Prosecutorial guidelines for voluntary euthanasia and assisted suicide : autonomy, public confidence and high quality decision-making. Melbourne University Law Review, 36, pp. 656-705.

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Abstract

This article proposes offence-specific guidelines for how prosecutorial discretion should be exercised in cases of voluntary euthanasia and assisted suicide. Similar guidelines have been produced in England and Wales but we consider them to be deficient in a number of respects, including that they lack a set of coherent guiding principles. In light of these concerns, we outline an approach to constructing alternative guidelines that begins with identifying three guiding principles that we argue are appropriate for this purpose: respect for autonomy, the need for high quality prosecutorial decision-making and the importance of public confidence in that decision-making.

Impact and interest:

1 citations in Scopus
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ID Code: 57059
Item Type: Journal Article
Refereed: Yes
Keywords: Voluntary euthanasia, Assisted suicide, Prosecutorial discretion, Criminal prosecution, End of life decision making
ISSN: 0025-8938
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Criminal Law and Procedure (180110)
Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100) > Law and Society (180119)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Research Centres > Australian Centre for Health Law Research
Copyright Owner: Copyright 2012 Melbourne University Law Review Association Inc
Deposited On: 08 Feb 2013 01:09
Last Modified: 21 Jun 2017 14:47

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