Right to Die Cruzan Quinlan Schiavo Maynard + Quiz + Flashcards = 76 Slides In All!
The main product is the Powerpoint Presentation which discusses the cases, the state laws, and every impact the right to die issue has riased. There are also Flash Cards for complete right to die review, class discussion and/or testing. The powerpoint slides are highly visual and textual whereas the flash cards are mostly visual with some text. There is also a 20 question multiple choice quiz over the material in WORD format, answer key included. I have also included the quiz in the powerpoint show but I only counted the quiz questions as slides or pages once.
The cases discussed include: Cruzan, Quinlan, Schiavo, Maynard, Gonzales (the attempt by the attorney general to scuttle the Oregon statute), Baxter v. Montana
State law discussed includes: Vermont, Oregon, Washington and Montana
Living Will & Advanced Directives with Sample
The preview: 4 slides from presentation and 2 flashcards. There are four different images from product as thumbnails with this listing.
This product includes a FREE POSTER located here:
The author is a retired lawyer, instructor and textbook author.
excerpt Cruzan case discussion:
You might be thinking that Nancy Cruzan’s family lost this case and that Missouri won the case. You would be wrong. It looks that way and it often does. So you have to reread it very carefully and then you will understand why Nancy Cruzan died decades ago by having her feeding tube removed.
First, SCOTUS goes ahead and creates the right for her to do this, terminate her life. This is no small thing. It holds that competent persons are able to exercise the right to refuse medical treatment under the Due Process Clause and its implied right to privacy. This is why many of us now have final directive documents which state exactly what we want done. The court gave us that right that day.
But SCOTUS is not abandoning the Cruzans in their time of need. It says that the mistake the Cruzans made is that they did not come up with clear and convincing evidence. They needed more evidence than that housemate. So, say they were to find more evidence, through more people to whom Nancy expressed her final wishes, then the local court would be able to give them the order to remove the tube.
The Cruzans hurry home and find some new witnesses and evidence about Nancy’s wanting to die if she was in this condition. They apply to the lower court again for the right to remove the feeding tube. The judge listens to these new witnesses and finds their testimony “clear and convincing”. The order is issued for the removal of the feeding tube. It is removed and Nancy Cruzan dies 11 days later on December 26, 1990. SCOTUS told them how to do it on June 25, 1990. It took the Cruzans six months to get exactly what they wanted after “losing” the case. One such example of the “new” evidence which was “clear and convincing”:
Testimony from Christy, Nancy’s sister
Christy testified in court that during a conversation after the death of their grandmother in 1981, Nancy told her that there are things worse than death.
excerpt Schiavo on binding precedent:
The Schiavo case was a ferocious battle between the parents and the husband. They accused one another of just about every vile act that could be imagined. These ranged from conflict of interests to greed to murder accusations (from the parents about the husband).This was exacerbated by right to die and right to life groups becoming involved in the case as well as politicians seeking to further their careers who inserted themselves into the battle. Her husband began the battle to remove her feeding tube in 1998.
It is easy to get lost in all of this battle and fail to recognize that this case involved settled law. Both the Quinlan and Cruzan cases had established the vital constitutional principles at issue. Ultimately, Cruzan would have to be followed by the courts because it was U.S. Supreme Court binding precedent. Only that court could reverse its own position and it turned down Schiavo for review. Quinlan was only binding on New Jersey cases since it was a New Jersey Supreme Court case. Schiavo was located in Florida. It was inevitable that Cruzan would apply and that Teri Schiavo would meet the same end of life which Nancy Cruzan had met. Ultimately, her feeding tube was removed and she died in 2005.
excerpt Maynard or Oregon physician assisted suicide law:
Brittany Maynard committed suicide in 2014 at age 29. Everyone was expecting it and the state of Oregon had previously enacted a law which enabled her to do so. Maynard had brain cancer and would die an excruciating death if she let it follow its natural courses. She lived in California when she discovered this. She moved to Oregon to use its assisted suicide law. Oregon permits a terminal patient to obtain life ending drugs from her doctor. She would have to administer them to herself but this process was completely legal by Oregon statute and the statute had already been upheld (see below). No one had to wonder about what Maynard really wanted as she was quite vocal about ending her own life when her cancer entered its end stages. She had 6 months or less of life left, according to her doctor, which is a requirement of the statute.