Prisoners serving Life Sentences and Voluntary Euthanasia

In previous postings I have suggested that prisoners serving life sentences have a right to be assisted to commit suicide, see Prisoners serving Life Sentences. In this posting I will argue that this right should only apply to assisted suicide and should not extend to euthanasia. Before commencing my argument I will make some definitions I will use clear. Euthanasia means someone deliberately ends another’s life to end his suffering. Involuntary euthanasia means this is done when he does not consent. Non voluntary euthanasia means this is done when he is incapable of giving consent. Voluntary euthanasia means this is done with his consent. Assisted suicide means someone deliberately provides the means for another to end his own life. I will assume without any further argument that involuntary and non voluntary euthanasia are inapplicable to prisoners serving life sentences. In what follows I argue voluntary euthanasia should also be inapplicable to such prisoners.

Let us consider a prisoner serving a life sentence for some gruesome murder of an innocent person. Let us further assume this prisoner decides he wants to die. Why if he fully consents shouldn’t someone end his life? One reason might be that, unless the prisoner was suffering, doing so would not be a case of voluntary euthanasia. Moreover, unless the prisoner was suffering, it is not clear what would be the motive of whoever carried out the act. The motive could not be one of punishment for punishment should not depend on the wishes of the prisoner. However let us now assume our hypothetical prisoner is suffering. Why in these circumstances, provided the prisoner fully consents, shouldn’t someone end his life? One reason might be that the prisoner’s suffering could and should be relieved by other means. If his suffering is caused by poor penal conditions then these should be addressed. Voluntary euthanasia should never be used to tackle poor penal conditions; even if it tackles overcrowding! Let us now further assume that the prisoner’s suffering is not caused by poor penal conditions. Perhaps his suffering is caused by mental health problems. If a prisoner suffers from a physical illness such as diabetes then his suffering should be addressed by medical means. Similarly I would argue if a prisoner suffers from mental problems his suffering should be addressed by mental health experts. Voluntary euthanasia should not be used to address mental health problems. Lastly let us consider a scenario in which the prisoner’s suffering is not caused by penal conditions or any mental health problems. Perhaps he simply does not want to spend the rest of his days in prison or more unlikely perhaps he suffers from remorse because of the terrible crimes he committed. Surely if assisted suicide is permissible in such circumstances then so should voluntary euthanasia? I will now argue that voluntary euthanasia should also remain inapplicable even in these circumstances.

In my previous postings I have argued that a prisoner should retain some limited autonomy. Part of that limited autonomy is the right to commit suicide. As the state deprives a prisoner of the means to commit suicide it should provide him with these means in a controlled environment. The prisoner’s right to be assisted to commit suicide depends on his ability to make an autonomous decision. At this point an objector might point out voluntary euthanasia also involves an autonomous decision. She might proceed to argue, if I use a prisoner’s retention of limited autonomy to justify assisted suicide that, the same justification could apply to voluntary euthanasia.

I have two responses to my objector’s argument. Firstly I would suggest we have no need to kill someone provided he can be assisted to commit suicide. My objector might respond by suggesting that there is no real moral difference between killing and assisting someone to die. This is simply a variation of the acts and omissions problem and I will not deal with his suggestion here. My second response carries more weight. I would suggest we can never be completely certain whether someone’s decision is an autonomous one or not. I will then argue we can be more certain that someone has made an autonomous decision to commit suicide than when he gives informed consent to voluntary euthanasia. I will base my argument on the importance of what we care about when making autonomous decisions, see (1). Frankfurt argues autonomous decisions are decisions the agent cares about. I have suggested that autonomous decisions are decisions which are not discordant with what the agent cares about, see autonomous decisions . However I would agree with Frankfurt by suggesting an agent’s actions are better indicators of his autonomous decisions than the choices he makes or what he decides to do. The choices he makes and what he decides to do are only intentions. Sometimes when we come to act we find we cannot carry out our prior intentions because it was not clear to us what we really care about until we came to act. A prisoner giving informed consent to voluntary euthanasia is making a choice and deciding what would be best for him. His intentions are of course an indicator of an autonomous decision. However in the light of the above a prisoner’s actions in committing assisted suicide are a much better indicator of his autonomous decision.

1. Harry Frankfurt, 1988, The Importance of What We Care About. Cambridge University Press, page 84.