The Jack Kevorkian Show Reaches A Climax.
By Jeff Smith
Breaking rocks in the hot sun
I fought the law, and the law won.
I DON'T EXPECT to see video on the evening news of Jack
Kevorkian making little ones out of big ones, but you can bet
money that in the spirit of EdTV and The Truman Show,
we'll be catching homely little glimpses of the Doctor of Death's
new life behind bars.
Dr. Kevorkian, the champion of legalized euthanasia, has been
given a 10-25 stretch for second-degree murder in the death of
a Michigan man who was suffering from irreversible and terminal
disease. The man was physically helpless and emotionally and intellectually
committed to ending his suffering by ending his life. He was also
determined to have Kevorkian assist his suicide, and that the
process should be videotaped for broadcast on CBS's 60 Minutes.
Which it was.
Which predictably brought the law down on Kevorkian. Again.
Which is what Kevorkian wanted. The good doctor has a long history
of drawing attention to the helplessness of the terminally ill
and the inhumanity of statutory law that prevents their ending
their own lives, and in cases where they are incapable of halting
their own suffering, of prohibiting anyone else--including qualified
medical professionals--from assisting them. Kevorkian's established
method for highlighting this medical/ethical/legal dilemma is
to assist helpless victims in ending their lives. Over and over
again this has put Kevorkian in legal jeopardy. He has been convicted
of criminal misconduct in the past, but until now he has been
vindicated on appeal.
This time it's a bit different.
This time he's been convicted of murder. This time he's been
sentenced to a long stretch in prison. This time he's been denied
bail while his lawyers appeal the conviction.
Because this time he did it all on coast-to-coast television,
left no stone unturned, and essentially left himself no way out.
And this time it's hard to tell whether Kevorkian is surprised,
disappointed or dismayed at the outcome.
He shouldn't be: this is what he asked for.
If I sound unsympathetic toward Dr. Kevorkian and the principles
he is fighting for, I am not. I believe in the right of every
one of us to die at the time and by the means of our choosing.
I believe this extends beyond the plight of those with terminal
illness, beyond those whom wasting disease has robbed of the means
and ability to end their own lives. Laws that proscribe suicide
or euthanasia are simply a codification of religious philosophy
that has no place in a system of government that supposedly keeps
church and state separate and makes no law regarding establishment
of religion.
The religious and/or philosophical concept of the sanctity of
life cannot support an absolutist approach. I see no sanctity
in hopeless suffering. For that matter I see no sanctity in the
lives of creatures who inflict pain, suffering and injustice on
others. Our society persists in imposing capital punishment on
certain classes of criminal, arguing that government has the right
to commit homicide; and yet it argues the contradictory position
that it is immoral and unlawful for a person who is sick and suffering
and has no hope of relief, let alone cure, to escape the pain
by suicide. Or to get assistance from someone technically qualified
to help him to a humane and painless death.
Well, this is just plain dumb. The law is stupid and needs to
be changed.
But evidently in order to get it done, somebody like Jack Kevorkian
has to piss off all the boneheads who thump their bibles and invoke
the wrath of an angry God who doesn't want anybody horning in
on His turf, and the legislators, the police, the juries and judges
whose power it is to enforce the laws of man.
I have no problem with this. Jack Kevorkian should have no problem
with it either.
If anybody has a firm grasp on the transitory nature of life,
and of the relative insignificance of trading one person's finite
span of time here on Earth in exchange for the greater good of
the greater number, it should be the Doctor of Death. Ten to 25
is a small price to pay if it wakes up our nation and its lawmakers,
and results in a rewrite of the law books.
Because that's what really is required here. Kevorkian could
conceivably have his conviction overturned on appeal. It could
result from some technical mistake on the part of the prosecution.
Maybe, despite the fact that the crime was caught on videotape,
despite the fact that Kevorkian made no attempt to cover his tracks
or hide his responsibility, the cops forgot to Mirandize the good
doctor. If Kevorkian wins his liberty on grounds such as these,
he loses his war.
His war is to change the law, and the only way that will happen
is either for the U.S. Supreme Court to issue a sweeping legal
opinion that laws prohibiting euthanasia and assisted suicide
are unconstitutional--unlikely in the extreme--or public opinion
will be so moved by this present Kevorkian case that legislators
will write new laws providing for circumstances in which suicide
and euthanasia are legal.
In the current climate of public opinion, the latter is unlikely,
but still a better betting proposition than banking on the current
Supreme Court. Unlikely, but undergoing change. Someday we as
a society will recognize that the sanctity of life has everything
to do with the quality of life, and with the individual's right
to dictate this for himself.
Meanwhile, as ever, history requires martyrs to make important
points.
Whether he consciously set out to become a martyr, the path Jack
Kevorkian chose to make himself a lightning rod for the controversy
swirling around this emotional issue guaranteed that this would
be the result. Sorry, Jack, but this is the price you pay. It
was marked on the sticker from Day One. We could have talked about
it in theoretical terms until everybody lost interest, but by
your controversial, and commendably attention-getting, tactics
you have played a sort of classroom game of show-and-tell.
You made yourself a visual-aid, Jack, and we are beholden to
you.
|