Meisel A, Jernigan J C, Youngner S J
School of Law and Center for Bioethics and Health Law, University of Pittsburgh, PA 15260, USA.
Arch Intern Med. 1999 May 24;159(10):1089-95. doi: 10.1001/archinte.159.10.1089.
To examine personal beliefs and professional behavior of state criminal prosecutors toward end-of-life decisions.
Mail survey.
District attorney offices nationwide.
All prosecuting attorneys who are members of the National District Attorneys Association. A total of 2844 surveys were mailed with 2 follow-up mailings at 6-week intervals; 761 surveys were returned for a response rate of 26.8%. The majority of respondents were white men, Protestant, and served in rural areas.
None.
On the basis of 4 case scenarios, (1) professional behavior as determined by respondents' willingness to prosecute and what criminal charges they would seek; and (2) personal beliefs as determined by whether prosecutors believed the physicians' actions were morally wrong and whether they would want the same action taken if they were in the patient's condition.
Most respondents would not seek prosecution in 3 of the 4 cases. In the fourth case, involving physician-assisted suicide, only about one third of the respondents said that they definitely would prosecute. Those who would prosecute would most often seek a charge of criminal homicide. A majority of respondents believed that the physicians' actions were morally correct in each of the 4 cases and would want the same action taken if they were in the patient's position. There was a strong correlation between personal beliefs and professional behaviors.
A large majority of responding prosecutors were unwilling to prosecute physicians in cases that clearly fall within currently accepted legal and professional boundaries. In the case of physician-assisted suicide, results reflected a surprisingly large professional unwillingness to prosecute and an even greater personal acceptance of physician-assisted suicide.
研究州刑事检察官对于临终决定的个人信念和职业行为。
邮寄调查。
全国范围内的地方检察官办公室。
所有身为全国地方检察官协会成员的检察官。共邮寄了2844份调查问卷，并每隔6周进行两次后续邮寄；共收回761份调查问卷，回复率为26.8%。大多数受访者为白人男性、新教徒，且在农村地区任职。
无。
基于4个案例场景，（1）由受访者起诉意愿及他们将寻求的刑事指控所决定的职业行为；（2）由检察官是否认为医生的行为在道德上错误以及如果他们处于患者的状况是否希望采取同样行为所决定的个人信念。
在4个案例中的3个案例中，大多数受访者不会寻求起诉。在第四个案例中，涉及医生协助自杀，只有约三分之一的受访者表示他们肯定会起诉。那些会起诉的人最常寻求刑事杀人指控。大多数受访者认为医生在4个案例中的每一个案例中的行为在道德上都是正确的，并且如果他们处于患者的位置会希望采取同样的行为。个人信念与职业行为之间存在很强的相关性。
绝大多数做出回应的检察官不愿意在明显属于当前公认法律和职业界限内的案件中起诉医生。在医生协助自杀的案例中，结果反映出令人惊讶的大量职业上不愿意起诉的情况以及对医生协助自杀更大程度的个人接受。
