Evolution of Mercy Killing

Last week, the news broke the story of Chelsea Craig, who died after ingesting what appears to be a poison cocktail.  Allegedly, her mother tried to take her own life by taking a drug cocktail.  The mother lived and is being charged with first degree murder.

It is being touted in the news as a mercy killing. Robert Latimer is again in the news, not because of his case, but because of the comparisons that are being made with his case.

To me there is a big difference with this case.  This time, I think the parent will "get away with it". 

Latimer knew what he was doing.  He showed the police how he did it and he has few regrets.  Nonetheless, while the jury had no choice but to convict him, they were sympathetic and recommended that he should serve very little jail time.  The trial judge agreed, but his ruling was overturned and Latimer has to serve the minimum sentence, which means at least 10 years in jail.

In the Craig case, the mother allegedly tried to kill herself.  If a jury ever needed an excuse to acquit someone, this is it. Apparently, the mother was extremely depressed.  How about a temporary insanity defence?  What jury is going to find that a person who tried to kill herself was in her right mind?  Do we really think that someone who kills their child and tries to take their own life appreciates their actions?

At the very least, she could claim insanity.  However, that would leave her in a psychiatric prison until she was deemed to be sane.  More probable is that there would be a claim that, as a result of her severe depressive state, she became temporarily insane.  That argument, if successful, could leave her a free person.  She could be held not criminally responsible for her actions because of a temporary disease of the mind.

If the shrinks determine that she is no longer affected by the disease of the mind, she is free.  If, as suggested by the reports we have heard so far, her depression was due to the stress of caring for her disabled daughter, well, the cause of her depression is no longer alive.  Unless she remains in a bad state because of what she may have done, she should be able to claim that she is fine now.

I'm not advocating that the woman go free.  At this point, we can't even say that she did it.  What I do see is the evolution of mercy killing.

Latimer tried the argument and lost.  The Craig case may go further, in that the person who tries to kill herself after an alleged mercy killing has a better chance at going free.  There will be more people that commit "mercy killings" and try to avoid criminal liability.

These cases are testing the court system.  As the courts decide what is a legitimate defence and what isn't, there will evolve a "recipe" for mercy killing.  Then, we could see a lot more of these occur.