Euthanasia Under the Criminal Law

Abstract

This chapter examines the present state of criminal law in the United Kingdom and other common law jurisdictions regarding the practice of active and passive euthanasia. Despite the similarities between active and passive euthanasia in terms of intention and outcome, there are significant legal differences between the two, which, it is argued, give rise to questionable distinctions. The distinction between passive and active euthanasia essentially rests upon the more general distinction between acts and omissions; active interventions as distinct from non-action or refraining from acting. The criminal law of the UK maintains a fairly rigid distinction between liability for acts which cause death on the one hand, and liability for omissions which cause death on the other. This has significant implications for the law regarding active and passive euthanasia. In analysing criminal law in relation to euthanasia, this chapter analyses criminal liability for both acts and omissions which cause death.