# Death With Dignity...for some?

**URL:** <https://boards.straightdope.com/t/death-with-dignity-for-some/615912>\
**Category:** Great Debates\
**Created:** [March 16, 2012, 12:06am UTC](https://boards.straightdope.com/t/death-with-dignity-for-some/615912 "2012-03-16T00:06:06Z")\
**Posts on this page:** 17\
**Page:** 1

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [March 16, 2012, 12:06am UTC](https://boards.straightdope.com/t/death-with-dignity-for-some/615912/1 "2012-03-16T00:06:06Z")

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In Oregon we have something called the [Death With Dignity Act](http://public.health.oregon.gov/ProviderPartnerResources/EvaluationResearch/DeathwithDignityAct/Pages/index.aspx). It offers a way out for those who of sound mind but want to end the fight with death on their own terms. In [a column printed today,](http://www.oregonlive.com/news/oregonian/steve_duin/index.ssf/2012/03/mercy_has_nothing_to_do_with_i.html) Steve Duin wrote about the case of Gary Haugen, a man on death row who wants to utilize the Death With Dignity Act, but is being prevented from doing so by Governor Kitzhaber.  
Should death row inmates be allowed to utilize this Act? As far as I can tell, there is nothing in the law that prevents them from doing so.

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**Author:** ![leahcim](https://avatars.discourse-cdn.com/v4/letter/l/b4bc9f/32.png) [@leahcim](https://boards.straightdope.com/u/leahcim)\
**Post date:** [March 16, 2012, 12:29am UTC](https://boards.straightdope.com/t/death-with-dignity-for-some/615912/2 "2012-03-16T00:29:33Z")

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My understanding is that the sticking point is that the law says you need to be diagnosed with a terminal illness and have an expectation of less than six months of life. Being on death row is not a terminal illness.

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**Author:** ![chacoguy](https://avatars.discourse-cdn.com/v4/letter/c/50afbb/32.png) [@chacoguy](https://boards.straightdope.com/u/chacoguy)\
**Post date:** [March 16, 2012, 2:23am UTC](https://boards.straightdope.com/t/death-with-dignity-for-some/615912/3 "2012-03-16T02:23:51Z")

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It;s a\* punishment.\* he should have no more control of his fate than the other convicts.

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**Author:** ![Czarcasm](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/czarcasm/32/4050_2.png) [@Czarcasm](https://boards.straightdope.com/u/Czarcasm)\
**Post date:** [March 16, 2012, 2:28am UTC](https://boards.straightdope.com/t/death-with-dignity-for-some/615912/4 "2012-03-16T02:28:43Z")

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> [@chacoguy](#):
>
> It;s a\* punishment.\* he should have no more control of his fate than the other convicts.

Setting aside the discussion of “death sentence vs. dying from illness” for now, is there anything in the Oregon Death With Dignity Act that prevents someone from using it just because they are currently in prison?

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**Author:** ![panache45](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/panache45/32/64_2.png) [@panache45](https://boards.straightdope.com/u/panache45)\
**Post date:** [March 16, 2012, 3:59am UTC](https://boards.straightdope.com/t/death-with-dignity-for-some/615912/5 "2012-03-16T03:59:41Z")

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Actually, he already chose his fate. Now he wants to avoid the consequences.

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**Author:** ![Oly](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/oly/32/8255_2.png) [@Oly](https://boards.straightdope.com/u/Oly)\
**Post date:** [March 16, 2012, 4:01am UTC](https://boards.straightdope.com/t/death-with-dignity-for-some/615912/6 "2012-03-16T04:01:23Z")

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I’m not conversant with the text of the law, but per my understanding of it, if the person was in prison and had been diagnosed with a terminal illness and otherwise met the criteria, and had access to care from a doc who was willing to be involved in the process, and the doc was permitted to do so by the policies of the prison, I’d think they could do it.

Although, one potential problem I can see right away is that my understanding is that the person has to self administer the drugs, and cannot be “assisted” in that act. That would require giving the drugs to the inmate and, I suppose, letting them have some degree of control over when/where he/she takes them. That by itself might ba against prison regulations.

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [March 16, 2012, 4:11am UTC](https://boards.straightdope.com/t/death-with-dignity-for-some/615912/7 "2012-03-16T04:11:56Z")

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So let’s look at this. The death penalty shouldn’t be allowed because it’s the ultimate punishment and life in prison is not good enough. But someone sentenced to life in prison is trying to get out of their punishment by dying. Shouldn’t we be trying to ban life sentences and promote the death penalty?

Anyway, besides the absurdity of the situation, how much dignity does a guy in prison want? He can find a way to kill himself if he really wants to do it.

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**Author:** ![Dallas\_Jones](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/dallas_jones/32/3277_2.png) [@Dallas\_Jones](https://boards.straightdope.com/u/Dallas_Jones)\
**Post date:** [March 16, 2012, 5:04am UTC](https://boards.straightdope.com/t/death-with-dignity-for-some/615912/8 "2012-03-16T05:04:30Z")

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> [@TriPolar](#):
>
> But someone sentenced to life in prison is trying to get out of their punishment by dying. Shouldn’t we be trying to ban life sentences and promote the death penalty?

But Gary Haugen wasn’t sentanced to life in prison, he was sentanced to death. The execution was moving forward after going through all the years long process and he was to die in December.

The Gov injected his own personal politics into the situation, over ruled the laws of the state and put a stop to the execution in November.

> **[Inmate Gary Haugen calls Kitzhaber's execution reprieve invalid, seeks new...](https://www.oregonlive.com/pacific-northwest-news/2012/03/inmate_gary_haugen_calls_kitzh.html)**
>
> Portland attorney Harrison Latto argues that death-row inmate Gary Haugen should not have to live in a "legal limbo" as a result of a reprieve that he contends is invalid.

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**Author:** ![Anaamika](https://avatars.discourse-cdn.com/v4/letter/a/5f9b8f/32.png) [@Anaamika](https://boards.straightdope.com/u/Anaamika)\
**Post date:** [March 16, 2012, 2:57pm UTC](https://boards.straightdope.com/t/death-with-dignity-for-some/615912/9 "2012-03-16T14:57:05Z")

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Why not? Why should we keep on paying for Death Row inmates? If they want to die, let’s finish it and give them our blessing.

But I pretty much think that no amount of punishment will reform the people in prison. And we don’t really try to reform. So I’m not a big advocate of punishment. However, I do agree that for the benefit of our society, it would not hurt to have some people removed.

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**Author:** ![Typo\_Negative](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/typo_negative/32/484_2.png) [@Typo\_Negative](https://boards.straightdope.com/u/Typo_Negative)\
**Post date:** [March 17, 2012, 1:45am UTC](https://boards.straightdope.com/t/death-with-dignity-for-some/615912/10 "2012-03-17T01:45:14Z")

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He should commute this numbnut’s sentence, and that will be the end of it. He doesn’t want death with dignity, he wants to yank the governor’s chain..

> [@](#):
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> The inmate was initially buoyed by Kitzhaber’s moratorium, noting that the governor repeated some of the same criticisms that Haugen has had about Oregon’s death penalty system. But soon after, he said he wanted to challenge the decision, **saying that leaving him in limbo – where he cannot be executed, nor receive a commutation of his sentence – constitutes cruel and unusual punishment**.

Bolding mine.

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [March 17, 2012, 9:24pm UTC](https://boards.straightdope.com/t/death-with-dignity-for-some/615912/11 "2012-03-17T21:24:21Z")

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Couldn’t he just withdraw all of his appeals and petition the court to set an execution date?

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**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\
**Post date:** [March 18, 2012, 12:37am UTC](https://boards.straightdope.com/t/death-with-dignity-for-some/615912/12 "2012-03-18T00:37:04Z")

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> [@jtgain](#):
>
> Couldn’t he just withdraw all of his appeals and petition the court to set an execution date?

Not dignified enough, I guess.

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**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\
**Post date:** [March 18, 2012, 5:05pm UTC](https://boards.straightdope.com/t/death-with-dignity-for-some/615912/13 "2012-03-18T17:05:11Z")

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How do the “Death with Dignity” procedures differ from the actual execution? I was under the impression they were rather similar–the only real difference being who pulls the trigger.

I’d think that, based on how reluctant we are to pull the trigger–to the point where we use multiple triggers where only one works as a means to give each person doubt on whether they were the actual killer–that it’d be a relief to have the inmate do it himself.

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [March 19, 2012, 12:32am UTC](https://boards.straightdope.com/t/death-with-dignity-for-some/615912/14 "2012-03-19T00:32:09Z")

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> [@jtgain](#):
>
> Couldn’t he just withdraw all of his appeals and petition the court to set an execution date?

No. Per **Dallas Jones** ’ article, the governor has declared a complete moratorium on executions.

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**Author:** ![UltraVires](https://avatars.discourse-cdn.com/v4/letter/u/ecccb3/32.png) [@UltraVires](https://boards.straightdope.com/u/UltraVires)\
**Post date:** [March 19, 2012, 1:54am UTC](https://boards.straightdope.com/t/death-with-dignity-for-some/615912/15 "2012-03-19T01:54:50Z")

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> [@Really\_Not\_All\_That\_Bright](#):
>
> No. Per **Dallas Jones** ’ article, the governor has declared a complete moratorium on executions.

Interesting. Even as a supporter of the death penalty, I can’t say I disagree with the prisoner’s argument. Such a scenario is very cruel.

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**Author:** ![ralph124c](https://avatars.discourse-cdn.com/v4/letter/r/8797f3/32.png) [@ralph124c](https://boards.straightdope.com/u/ralph124c)\
**Post date:** [March 19, 2012, 2:49pm UTC](https://boards.straightdope.com/t/death-with-dignity-for-some/615912/16 "2012-03-19T14:49:01Z")

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Reminds me of an old story about a medieval German kingdom. A man who merited death was not executed-instead, he was confined in a solitary room-at the top of a tall tower. The one window was not barred-he could jump out any time. After a few months, most prisoners chose to jump…

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**Author:** ![Really\_Not\_All\_That\_Bright](https://avatars.discourse-cdn.com/v4/letter/r/e8c25b/32.png) [@Really\_Not\_All\_That\_Bright](https://boards.straightdope.com/u/Really_Not_All_That_Bright)\
**Post date:** [March 19, 2012, 3:28pm UTC](https://boards.straightdope.com/t/death-with-dignity-for-some/615912/17 "2012-03-19T15:28:18Z")

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> [@jtgain](#):
>
> Interesting. Even as a supporter of the death penalty, I can’t say I disagree with the prisoner’s argument. Such a scenario is very cruel.

Er… what? Life inmates don’t get to be executed or have their sentences commuted either. How is it cruel?

> [@ralph124c](#):
>
> Reminds me of an old story about a medieval German kingdom. A man who merited death was not executed-instead, he was confined in a solitary room-at the top of a tall tower. The one window was not barred-he could jump out any time. After a few months, most prisoners chose to jump…

Was there a dragon guarding the tower?
