The Role of the Clear and Convincing Standard of Proof in Right to Die Cases

Issues in Law and Medicine, Vol. 8, No. 2, p. 183, 1992

Cleveland-Marshall Legal Studies Paper No. 11-226

22 Pages Posted: 29 Nov 2011

See all articles by David F. Forte

David F. Forte

Cleveland State University - Cleveland-Marshall College of Law

Date Written: 1992

Abstract

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right of the state of Missouri to require that evidence of a person’s desire to have life-sustaining medical treatment withdrawn be proven by clear and convincing evidence.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.

Keywords: clear and convincing, due process, life-sustaining medical treatment, fundamental right, intermediate standard, right to refuse, Cruzan, liberty interest, right to life

Suggested Citation

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: https://ssrn.com/abstract=1943048

David F. Forte (Contact Author)

Cleveland State University - Cleveland-Marshall College of Law ( email )

2121 Euclid Avenue, LB 138
Cleveland, OH 44115-2214
United States

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