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Dale clearly believed that he was acting in a moral manner because he believed that he would be keeping his brother from experiencing tremendous pain and suffering. Furthermore, his belief was reasonable; there is growing public support for legalized assisted suicide and his concerns about his brother's welfare were based on Mike's terminal cancer diagnosis. Therefore, Dale's sentence was not an example of justice.
However, the fact that Dale's sentence was unjust does not mean that the prosecutor erred in deciding to charge Dale. While her personal beliefs about assisted suicide should not have motivated her decision to prosecute, the job of a prosecutor is to enforce community moral beliefs, which are expressed by legislative decisions. In order to determine whether or not the prosecutor's decision to prosecute was appropriate, one would need to look at the state's criminal code and see if and how it addressed the issue of assisted suicide. Only then could one determine whether the prosecutor's actions were appropriate.
Furthermore, if Dale and Mike had lived in another country, Dale's actions may have been perfectly legal. For example,...
(Humphry, 2003). Perhaps even more important is the fact that Dale did not have to risk imprisonment in order to assist his brother. The U.S. Supreme Court has recognized that, "dying patients have a federal constitutional right to obtain as much pain medication as is necessary to achieve relief from pain, including terminal sedation, even if the time of death is hastened as a result." Had Mike and Dale done all of their research, they would have come to the conclusion that Mike had that right and they may have decided not to commit suicide.
References
Compassion and Choices. (2005). Improving laws: in the courts. Retrieved February 12, 2007 from Compassion and Choices.
Web site: http://www.compassionandchoices.org/improvinglaws/courtrooms.php
Humphry, D. (2003). Tread carefully when you help to die. Retrieved February 12, 2007 from the Euthanasia Research and Guidance Organization.
Web site: http://www.assistedsuicide.org/suicide_laws.html
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