TY - JOUR
T1 - The Role of the Clear and Convincing Standard of Proof in Right to Die Cases
AU - Forte, David
N1 - Forte, David F., The Role of the Clear and Convincing Standard of Proof in Right to Die Cases (1992). Issues in Law and Medicine, Vol. 8, No. 2, p. 183, 1992; Cleveland-Marshall Legal Studies Paper No. 11-226. Available at SSRN: http://ssrn.com/abstract=1943048
PY - 1992/1/1
Y1 - 1992/1/1
N2 - In Cruzan v. Director, Missouri Department of Health, the United States Supreme Court recognized the right of the state of Missouri to require that evidence of a person’s desire to have life-sustaining medical treatment withdrawn be proven by clear and convincing evidence. The question that remains is when, if ever, should the higher evidentiary standard of clear and convincing proof not merely be an option that the state may impose, but a requirement of due process.
AB - In Cruzan v. Director, Missouri Department of Health, the United States Supreme Court recognized the right of the state of Missouri to require that evidence of a person’s desire to have life-sustaining medical treatment withdrawn be proven by clear and convincing evidence. The question that remains is when, if ever, should the higher evidentiary standard of clear and convincing proof not merely be an option that the state may impose, but a requirement of due process.
KW - due process
KW - life-sustaining medical treatment
KW - right to life
KW - right to refuse
KW - Cruzan
UR - https://engagedscholarship.csuohio.edu/fac_articles/9
UR - https://perma.cc/PC2N-VY3Y
M3 - Article
VL - 8
JO - Issues in Law Medicine
JF - Issues in Law Medicine
ER -