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  3. Among the most enduring of all horrors is the prospect of a slow, painful death. Those who witness the protracted terminal illne

Among the most enduring of all horrors is the prospect of a slow, painful death. Those who witness the protracted terminal illne

admin2016-10-24  53
问题     Among the most enduring of all horrors is the prospect of a slow, painful death. Those who witness the protracted terminal illness of a friend or relative often view the eventual death more as a relief than a tragedy.
    But to make life or death decisions on behalf of a dying person unable to communicate his or her wishes is to enter a moral and legal minefield. Could a doctor be sued for withholding treatment and allowing someone to die—or for not allowing him or her to die? Could it ever be lawful to withhold food and water?
    Legal moves are afoot which may settle these questions. Recently, a group on voluntary euthanasia proposed legislation to make documents known as "Advance Directives", or Living Wills, legally binding.
    An Advance Directive sets out the kind of medical treatment a person wishes to receive, or not receive, should he or she ever be in a condition that prevents them expressing those wishes. Such documents, much in vogue in the US and some EU countries, are becoming increasingly popular in Britain.
    A clear distinction must be drawn between actions requested by an Advance Directive, and active euthanasia, or "mercy killing". A doctor who took a positive step—such as giving a lethal injection—to help a patient die would, as the law stands, be guilty of murder or aiding and abetting suicide, depending on the circumstances.
    An Advance Directive, however, requests only passive euthanasia: the withholding of medical treatment aimed solely at sustaining the life of a patient who is terminally ill or a vegetable(in a vegetative state). The definition of medical treatment, in such circumstances, can include food and water.
    The enforceability of the Advance Directive stems from the notion, long accepted in English law, that a person who is both old enough to make an informed decision and composmentis, is entitled to refuse any medical treatment offered by a doctor, even if that refusal leads to the person’s death. A doctor who forces treatment on a patient against his or her wishes is, therefore, guilty of an assault. Case law exists in the US and several EU countries that extend this right of autonomy over one’s life to patients who write an Advance Directive refusing treatment and subsequently lose their reason. There is no reason, based on public policy or English case law, why an English court should treat previously made instructions any differently.
A doctor will be guilty of murder if he______.
选项 A、advises a patient to draw up his Advance Directive
B、refuses to carry out an Advance Directive
C、prescribes a medication that will quicken the death of a terminal patient
D、stops giving medication to terminally ill patient according to his Advance Directive
答案C
解析 如果医生所开的药加速垂危病人的死亡，那他就犯谋杀罪。根据第五段第二句，如果医生采取积极的步骤(如提供致死针剂)帮助病人死亡，那么按照法律规定，他就犯有谋杀罪或协同和教唆自杀的罪行，依具体情况而定。
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