Advantages of the Premature-Death Approach to the Right-to-Die

    The most common approach to securing the right-to-die
inserts a new law into the health-care section of any set of laws.

This gives a new authority to licensed physicians
—namely to authorize the use of deadly chemicals
for the sole purpose of bringing death
to selected patients,
who have applied for such aid in ending their lives.


    In contrast, the new premature-death approach
inserts a new law into the homicide section of any set of laws.

This defines a new crime against patients who were believed to be dying.
And when it defines this crime and its punishment,
it also permits other non-harmful behavior (by anyone, not just doctors)

that will result in wisely-chosen deaths.

    In other words, outlawing causing premature death
could at the same time legalize help in dying
when the intended death is not premature.
When we make wise end-of-life medical choices,
we are not causing premature death.

    The safeguards embodied in the proposed law
(linked at the bottom of this file)
become the operational method of separating
the harmful behavior of causing a premature death
from the helpful behavior of making wise, end-of-life medical decisions.

    Here are the advantages of this new approach:



Applies to All Life-Ending Decisions,
            Not Just those Cases that Choose to be Covered by the Law

Creates Common Ground with Former Opponents of the Right-to-Die

Makes Each Particular Safeguard Optional

Encourages Advocates of the Right-to-Die to Embrace the Safeguards

Requires Less Paperwork

Brings Underground Chosen Deaths Above Ground

Discourages Self-Appointed 'Angels of Death'

Clarifies and Simplifies the Legal Status of Bedside Medical Decisions

Puts the Burden-of-Proof on the Prosecution

Prevents Attempts to Ban the Right-to-Die Using Drug-Laws

Prevents Attempts to Ban the Right-to-Die Using Physician Licensing

Focuses on Results rather than Procedural Details




    Each of the above advantages of securing the right-to-die
by means of new laws against causing premature death is included in
Chapter 60 of How to Die: Safeguards for Life-Ending Decisions:
"Advantages of the Premature-Death Approach to the Right-to-Die".



Created March 30, 2007; revised 3-31-2007; 2-1-2008; 2-28-2008; 3-5-2009; 6-7-2009; 3-27-2010;
1-5-2012; 1-17-2012; 1-22-2012; 2-28-2012; 3-10-2012; 3-30-2012; 4-14-2012; 9-7-2012;
4-6-2013; 6-20-2014; 3-18-2015; 7-15-2015; 8-7-2016; 2-22-2018; 12-1-2020 



See the Model Statute called Causing Premature Death.

This draft legislation embodies 26 recommended safeguards.



Go to the Right-to-Die Portal.




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