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The law
and mercy killing
and mercy killing
The law and mercy killing
Dignity in Dying believes that mercy killing (sometimes referred to as euthanasia), where someone directly ends another person's life, typically with an incurable or terminal condition, because they believe it is in their best interest, should remain illegal. However, we are calling for more distinction to be made in law between mercy killing and murder. At present cases of mercy killing are tried using the framework of murder law, but this law is inflexible: it can only consider a person's intention, and not their motivation.
As the law stands, people who engage in non-consensual mercy killing out of compassion, such as Frances Inglis, those who are asking to compassionately help a loved one to die in a consensual mercy killing, such as Jane Nicklinson, and those who maliciously murder, would all be tried under the same law and would all face mandatory life imprisonment if found guilty. The current legal framework cannot distinguish between crimes of compassion and crimes of malice.
In contrast, the DPP's prosecuting policy on assisted suicide, where someone indirectly helps end another person's life, takes motivation into consideration. Dignity in Dying is asking for the same flexibility in the law governing mercy killing, by creating either a specific offence or specific defence of mercy killing. A change along these lines would be better for everyone - at present some mercy killers do not face time in jail because judges and juries are unwilling to sentence them to life in prison. A clear legal framework that takes motivation into account would allow judges and juries the flexibility to recognise compassionate acts, and better protect vulnerable people by ensuring that mercy killing cases are fully examined by the courts.
The Law Commission raised this as an issue of concern when it reviewed the law in 2006, and came to the conclusion that the law of murder in relation to cases of mercy killing requires a separate review, looking at whether there should be a partial defence to murder of mercy killing, or a separate crime of mercy killing. However, the Government did not take up this recommendation.
The Ministry of Justice conducted a separate consultation into Murder, manslaughter and infanticide in October 2008, which Dignity in Dying responded to, calling for a full review of the law in relation to mercy killing.
















