Categories
Death + the Law Death Ethics

Father of Dead Soldier Ordered to Pay Up


An update to our “God Hates Dead Soldiers” post. The family of dead Marine Lance Cpl. Matthew Snyder has been ordered to pay $16,510 in legal fees to Fred Phelps.

Interestingly, the case, which is to be heard by the Supreme Court, centers not on Phelp’s First Amendment rights, but rather “the complaint included claims for defamation, two counts of invasion of privacy (intrusion on seclusion and publicity given to private life), and intentional infliction of emotional distress.” (Citizen Media Law Project)

The judgment has sparked the outrage of Bill O’Reilly who has vowed to pay the Snyder family’s debt. Said O’Reilly,

“It’s obvious they were disturbing the peace by disrupting the funeral. They should have been arrested, but our system is so screwed up, so screwed up, that loons are allowed to run wild. Snyder is fighting the good fight, and he is taking his case to the Supreme Court as he should. We are behind him 100 percent.”

Hmmmm… not so sure I’d want Bill O’Reilly’s monied interests on my side.

Categories
Death + the Law Death Ethics

Terri Schiavo Five Years On

5 Years After Schiavo, Few Make End-Of-Life Plans
Matt Sedensky, Associated Press (March 30, 2010)

Five years ago today, Terri Schiavo died in Florida. March 31, 2005. I can’t believe that five years have already elapsed, in part because I was in the middle of finishing my Ph.D. dissertation on the dead body and also because the chapter I was working on dealt with Schiavo’s case. I had already decided to write on the right-to-die issues surrounding Terri Schiavo (in 2003, actually) but then events took a turn and the entirety of America watched her death unfold.

There is a lot more to say about Terri Schiavo and the court case(s) which surrounded her eventual death. No other human death has ever been so litigated in the American court system. In place of an indulgently long essay, here is an extremely useful Schiavo case timeline put together by the University of Miami Ethics Program.

And now, five years later, it’s hard to know how anything has really changed as it regards End-of-Life issues. What I do know is that the political battle which the Schiavo case caused has gotten less media attention but it remains a constant battle all the same.

More than anything what I think the Schiavo case demonstrated was the overwhelming sense amongst many Americans that they should be able to die as they wanted without governmental intervention. These sentiments made a mess of supposedly clear cut political ideologies, so much so that many conservatives and liberals found an issue upon which they agreed. Pro-life conservatives remained the most vocally opposed to letting Terri Schiavo die and that point has not changed.

This is death in the 21st century. And it isn’t going to get any politically simpler.

Categories
Death + Crime Death + Popular Culture Death + the Law Death Ethics Suicide

Kevorkian Revisited

Independent Minds: Dr. Jack Kevorkian (Listen to the audio)

Heard an interesting public radio broadcast this evening. It’s a series titled “Independent Minds” and tonight’s profile featured Dr. Jack Kevorkian. The show illuminates, through interviews, audio clips and sound bites, the life of the controversial “Dr. Death” and attempts to separate and dissect the man and the myth.

Want more Jack? Check out trailers for the upcoming HBO film You Don’t Know Jack, starring Al Pacino as Kevorkian. Directed by Barry Levinson, it also stars Susan Sarandon, John Goodman and Brenda Vaccaro. I don’t have cable and it could be a while before it shows up on Netflix. So if anyone catches it, by all means let us know and share your thoughts!

Categories
Death + the Law Death Ethics Suicide

UK Children Not Charged with Assisting Parents to Die

No Assisted Suicide Charge for Son of Sir Edward Downes
BBC News (March 19, 2010)

My very first post for the Death Reference Desk occurred on July 15, 2009 and it discussed the deaths of Edward and Joan Downes. The Downes’ went to the Dignitas Clinic in Switzerland to die together, their’s is a common story in the UK. Indeed, the stories about UK residents going to the Dignitas clinic remain an almost weekly occurrence.

What is new about the Downes’ case is that the Director of Public Prosecutions in the UK (Keir Starmer) has decided to not charge either of the Downes’ children with assisting their parents to die. I have discussed at length how suicide in the UK is legal but assisting a person to die is not. The Death Ref section on the Death + The Law presents these cases. Today’s legal decision is also important because it is the first time that the new guidelines drawn up by Keir Starmer have found no public interest in prosecuting a family member who clearly acted on compassionate grounds.

I am including a news clip from last July about Joan and Edward Downes. It’s interesting to note what has and hasn’t changed since then.

Categories
Death + the Law Death Ethics Suicide

2009 Oregon Death with Dignity Numbers

2009 Summary of Oregon’s Death with Dignity Act
The Oregon Public Health Division (March 2010)

Report Finds 36 Died Under Assisted Suicide Law
William Yardley, The New York Times (March 04, 2010)

Earlier this month, the state of Oregon published its annual report on who used the 1997 Death with Dignity Act. I have discussed the ins and outs of the Oregon law before but I want to highlight the following sections of the 2009 report:

• As in prior years, most participants were between 55 and 84 years of age (78.0%), white (98.3%), well-educated (48.3% had at least a baccalaureate degree), and had cancer (79.7%). Patients who died in 2009 were slightly older (median age 76 years) than in previous years (median age 70 years).

• Most patients died at home (98.3%); and most were enrolled in hospice care (91.5%) at time of death.

• In 2009, 98.7% of patients had some form of health care insurance. Compared to previous years, the number of patients who had private insurance (84.7%) was much greater than in previous years (66.8%), and the number of patients who had only Medicare or Medicaid insurance was much less (13.6% compared to 32.0%).

What is really important to note about the individuals using the Oregon law is their age, ethnicity, access to hospice care, and health insurance status. In a nutshell, the vast majority of the individuals were in the middle to upper middle social classes and hardly the lowest rung of Oregonians. This is important to point out because it demonstrates that this particular Assisted Dying law is not killing off the weak, the poor, and the uneducated.

In short, the law is not being abused.

Categories
Death + the Law Death Ethics

“Thank God for Dead Soldiers”

So says Fred Phelps. You may be familiar with Phelps and his hate-mongering followers—most of whom are actually his family members—because they have been making headlines for at least the past 20 years.

For the uninitiated, Fred Phelps is the founder and pastor of the Westboro Baptist Church in Topeka, Kansas. He is best known for his various anti-gay protests and placard-waving antics around the country, featuring such slogans as “God Hates Fags” and “Fags Die, God Laughs”, among other free speech protected hate bombs.

Earlier today, the Supreme Court decided that they will hear a case involving Phelps and the family of deceased soldier Matthew Snyder. In 2006, Phelps protested at Matthew Snyder’s funeral, claiming God hates America — and hence soldiers — because of our nation’s tolerance of homosexuality. One of the signs he and others waved had “Thank God for Dead Soldiers” plastered across it. The Snyder family sued and was awarded a judgement of $10.9 million dollars. However, last September, the U.S 4th Circuit Court of Appeals, overturned the decision on free speech grounds.

According to an article in today’s LA Times,

Snyder’s family appealed to the Supreme Court, saying the protests had “tarnished” their son’s funeral. “Matthew deserved better. A civilized society deserved better,” they said.

As Chris Weigant, of the Huffington Post points out, it is not so much about free speech per se, but rather, protected classes of speech such as religious and political speech.

It will be interesting to see what becomes of this case as it will test to what extent these classes are protected. Fred Phelps makes my skin crawl—as a librarian who supports the First Amendment—and as a human who finds the profanity of this man’s behavior repugnant. But ultimately, the case will come down to whether the Snyder family can claim damages in their case. According to the Citizen Media Law Project, the case centers on “defamation, invasion of privacy, and intentional infliction of emotional distress.”

Categories
Death + the Law Death Ethics Suicide

Living in America and Dying with Dignity in Europe

Frontline: The Suicide Tourist
PBS (March 02, 2010)

Assisted Suicide Guidelines: Family Can Still Face Prosecution
Sandra Laville, The Guardian (February 25, 2010)

Frontline, the documentary film unit for the Public Broadcasting Service in America, just premiered a really important new program. The film follows an American, Craig Ewert, as he decides to end his life at the Dignitas Clinic in Switzerland. What is unique about this storyline is that it focuses on an American going to Dignitas, which isn’t that common. To date, thirteen US citizens have ended their lives at Dignitas (as opposed to 135 Brits and 563 Germans).

The cultural, political and social issues surrounding Dignitas have been an ongoing topic in the United Kingdom, which makes the timing of Frontline’s documentary all the more uncanny. Last week, the Director of Public Prosecutions for the UK (Keir Starmer) published new guidelines for assisted suicide. Over the years, many people have wondered if “assisting” someone commit suicide included, say, going to Dignitas with the person. So much confusion has surrounded this UK law that short of actually changing it (which will eventually happen) the guidelines were published to help define whom the law can and cannot prosecute.

I have written extensively about the assisted dying debates in the UK on Death Ref (indeed, my first post was on an assisted dying case) and you can find a plethora of information in the Assisted Suicide section and the Death + the Law section.

As a final point of interest, the state of Oregon has published its 2008 Summary of Oregon’s Death with Dignity Act and you can see how people have used the law there to die.

In the end, the law will be changed in the UK and it will resemble Oregon’s law.

Categories
Death + the Law Death Ethics Suicide

Give Terry Pratchett the Freedom to Die…

Sir Terry Pratchett Calls for Euthanasia Tribunals
Maev Kennedy, The Guardian (February 02, 2010)

Terry Pratchett: My Case for a Euthanasia Tribunal
Terry Pratchett, The Guardian (February 02, 2010)

Last week, the British writer Sir Terry Pratchett (he of Discworld fame) catapulted the ongoing UK discussion on Assisted Dying back into the news. This is a persistent topic in the UK and I have written about it quite a bit on Death Ref here.

Terry Pratchett (who has been diagnosed with Alzheimer’s) is asking that a tribunal system be set up in England which then evaluates an individual’s request to die. The goal of setting up the tribunals is to make sure that any person making this request is of sound mind and not being coerced into the situation. Suicide has been legal in England since 1961 but helping another person commit suicide is against the law. So, a number of legal and political battles have dealt with the limits of what “assisting” another person means.

I have discussed these issues quite bit in the Death + The Law section.

In so many ways, this issue just keeps going and going and going. So much so, I’ve been collecting various articles for months because they appear daily and posting each one would be a full-time job.

Terry Pratchett’s request for a new UK system (or, at least, something for England… Wales and Scotland might be on their own) is another article for the group.

The problem, of course, is that all these issues and arguments are really interesting and important to discuss/think about/mull over.

But even I get Assisted Dying debate fatigue, and thinking about death is my job. The biggest dilemma, it seems to me, is that death is a human “problem” without terminus. At least in the twenty-first century West. England is certainly taking its time with any permanent changes to the law. It’s a slow process, to be sure, but it is a process. Terry Pratchett’s request will go a long ways in helping change UK law.

In the event you are a person doing research on Assisted Dying and the plethora of issues related to this topic, here are the articles that I have been recently collecting.

To wit:

The Guardian on the Dignitas clinic in Switzerland: ‘Death tourism’ leads Swiss to consider ban on assisted suicide

The Guardian on an elderly couple who committed suicide together: Couple wrote to BBC to tell of suicide decision

The Guardian on tour in the Dignitas clinic: Inside the Dignitas house

New York Times Magazine article on Brain Death and Organ Donation (which are related….): When Does Death Start?

New York Times on End of Life Care in California: Months to Live: Weighing Medical Costs of End-of-Life Care

New York Times on End of Life sedation: Months to Live: Hard Choice for a Comfortable Death: Sedation

BBC News on push in Scotland for a Terry Pratchett-like law: Most MSPs oppose end-of-life bill

Categories
Afterlife Death + Biology Death + Technology Death Ethics Defying Death

Mr. Freeze

Robert C.W. Ettinger

The January 25 issue of the New Yorker features an amusing article about cryopreservation of bodies, a.k.a. cryogenics or cryonics. The article doesn’t so much shed light on the science of this controversial procedure; but rather, it spotlights Robert C.W. Ettinger, one of the founders of the cryonics movement.

The ninety-one year old Ettinger gives journalist Jill Lepore a tour of his Cryonics Institute, about 20 miles northeast of Detroit. Ettinger is matter-of-fact as he dodders around the facility and explains the processes and pitfalls of cryopreservation. Ettinger’s two wives and his mother are frozen at the Institute as part of the current total of 883 members, not including the 64 pets also in cryostasis. Several pictures are here from the Immorality Institute’s forum page.

In his youth, Ettinger was a reader and writer of science fiction which informed his interest in and ultimately his career choice as a cryonicist. And indeed, he has an interesting take on what the future holds. Regarding the idea that if no one ever dies, won’t there be too many people on the planet? Ettinger posits:

The people could simply agree to share the available space in shifts and could “go into suspended animation from time to time to make room for others.” There will be no childbirth. Fetuses will be incubated in jars. Essentially, motherhood will be abolished. Then too, eugenics will help keep the birthrate down, and deformed babies could be frozen against the day that someone might actually want them.”

If you wish to learn more about Mr. Ettinger’s postulations, visit your local library or retailer and take a gander at some of his books:

Prospect of Immortality (2005)
Man into Superman (2005)
Youniverse: Toward a Self-Centered Philosophy of Immortalism and Cryonics (2009)

Categories
Death + the Law Death Ethics

Live Free and Die in Montana

Ruling by Montana Supreme Court Bolsters Physician-Assisted Suicide
by Kirk Johnson, New York Times (January 10, 2010)

Last September I posted an article on a Montana man who took his right-to-die case to the Montana State Supreme Court. The case involved 76-year old Robert Baxter who, sadly, died of leukemia before the case made it to the court. I say sadly because it’s clear that Mr. Baxter felt strongly about an individual’s inalienable right to both die on his or her own terms AND to seek out medical assistance with that death.

The Montana State Supreme Court mostly agreed with Mr. Baxter, saying that the current state law does enable doctors to assist with dying BUT the court declined to state that physician-assisted suicide is a Constitutional right.

Here are more articles on the case:
Washington Post: Montana 3rd state to allow doctor-assisted suicide

Christian Science Monitor: Montana becomes third state to legalize physician-assisted suicide

We will see more of these assisted dying cases in the years to come. This much I know.

Categories
Death + the Web Death Ethics Grief + Mourning

Fog Is Rolling in Thick, My Son Is Drowning

Mom Shellie Ross’ Tweet about Son’s Death Sparks Debate Over Use of Twitter During Tragedy
Emily Friedman, ABC News (December 16, 2009)

Announcing a Child’s Death on Twitter
Lisa Belkin, New York Times Motherlode blog (December 17, 2009)

A popular “mommy blogger” who tweeted about her toddler’s sudden death Monday has been facing considerable backlash for using Twitter while her unattended son was apparently drowning — and again during a time generally reserved for meatspace grief-stricken horror.

Cleaning out the family chicken coop with her eleven-year-old son, Shellie Ross of Florida tweeted at 5:22pm, “Fog is rolling in thick scared the birds back in the coop.” Minutes later, her son called 911 — his two-year-old brother was discovered unconscious at the bottom of the pool. Ross tweeted again about a half hour later, appealing to her community of followers to “Please pray like never before, my 2 yr old fell in the pool.” The boy could not be saved; five hours later, a tribute tweet of sorts followed from Ross (“Remembering my million dollar baby”) along with a few photos of her young son.

The internet has been eating her alive over this, from accusations of being a negligent mother to not knowing how to mourn properly. Twitter has become king in spreading news of celebrity deaths (including death rumors and pranks), but evidently is still deemed an inappropriate medium by which to relay personal, close death and grief — to say nothing of in-the-moment updates.

Ross, however, didn’t “tweet-by-tweet the accident,” as she told ABCNews.com. Additionally, she seems to have relied heavily on her online community as her main network of support, a not uncommon trend with social networking (despite having disgusted many of her followers with this incident, with several wondering whether this was some kind of sick joke).

It was a foul, arguably unnatural move — but the last thing the mother of a dead son needs is to be told she’s doing it wrong. With over 5000 followers, Ross, or Military_Mom on Twitter, had updated on the status of the fog, the sort of mundane, who-cares, barely literate statement fashionable amongst compulsive tweeters. Then all of a sudden something was actually happening. The initial tweet was panic — oh help us God — a mad scramble for emotional support and a holy miracle. The second tweet serves as a quick memorial but also a meek follow-up — she left her friends hanging in the drama of her life, and she was responsible for their held atttention. Should she have been bawling out her eyes instead? Who’s to say she wasn’t?

Then again, she was responsible for the safety of her child — not for the clarification and closure needs of her internet community, many of whom she has probably never met in person. But that doesn’t make the comfort she derived from them — either from their concerned responses or simply in the telling — imaginary or less important than non-virtual interaction (though one certainly hopes she also tends to the needs of her older son, who may have been responsible for failing to close the latch on the gate surrounding the pool).

The worst part of this story (aside from the death itself, of course) is that the brutal criticism of her actions — her chosen means of expressing fear and grief, which were modeled on her normal behavior — are now preventing her from having any sort of grief process at all. She’s too busy fighting off attackers and giving fiery interviews with major news outlets where she calls anyone who criticizes her “a small-minded asshole who deserves to rot in hell.”

Sure. Yikes. But c’mon, vultures — stand down. This woman may have fumbled at pivotal moments of her life. But who is expected to excel at handling her child’s death? Who is prepared to battle strangers who vilify the integrity of this worst possible pain.

Categories
Death + the Law Death Ethics Suicide

No Presidential Condolence for Soldier Suicide

A few weeks ago, various news outlets reported the story of Spc. Chancellor Keesling, an American soldier in Iraq who committed suicide. While incidents of suicide among soldiers who are currently active and those returned home is certainly newsworthy, the focus of this particular story was quite different. Although Mr. Keesling received a proper military burial, his family did not receive the standard condolence letter sent by the president, as is customary for fallen soldiers.

This didn’t sit well with the family. Was he not a hero too? Did he not serve his country honorably? Mr. Keesling’s family then found out the reality: there would be no condolence letter — it was a matter of policy. Incensed, Mr. Keesling’s father, Gregg, wrote letters to President Obama and Army Chief of Staff Gen. George W. Casey Jr. asking them to reconsider the policy. You can read the letter here.

An Op-Ed piece in Friday’s New York Times also addresses the issue, which looks at the notion that recognition of soldier suicide valorizes or venerates death.

I have mixed feelings on this issue. I can certainly see how a grieving family would want to have their son or daughter’s military service recognized and respected and how a letter from the president would help ease that pain just a bit. However, I also don’t think killing oneself is the same as dying in combat, getting killed by friendly fire or any other way while serving. It is a different kind of death — or so we are to believe — one that does not jibe with the heroic propaganda and selfless ideology of the military.

This does not mean that Mr. Keesling did not serve his country honorably or that he doesn’t deserve recognition somehow. But ultimately, it is Mr. Keesling’s family that will live with the pain of his death for the rest of their lives, and no letter is going to change that. For President Obama and other military officials, a condolence letter is just part and parcel of the war machine, or S.O.P (standard operating procedure) in military terms. Although the Administration is looking into their current policies surrounding condolence letters, suicide, for now, is not considered “honorable.”

I believe that focusing on the root causes of depression and supporting mental health efforts for military personnel is the best strategy — and will hopefully help lessen the number of suicides in the first place — and the pain for those left behind.