Latimer Case

The Case

Tracy Latimer, 12 years old, was diagnosed with a severely debilitating disease, cerebral palsy, at birth

Numerous orthopedic and soft tissue surgeries left Tracy in a state of constant pain

Tracy was one of four children in the Latimer household

She was cared for primarily by her family, she did attend school and received respite care

The Case

Another surgery was offered that was not guaranteed to provide relief for Tracy, so her father, Robert, decided to end her life

Shortly before the surgery, Robert placed Tracy in his running truck, connected one end of a hose to the exhaust, and fed the other end of the hose into the truck, killing Tracy

The Case

Carbon monoxide inhalation is reported to sometimes cause flu-like symptoms including dizziness, nausea or vomiting, fatigue, weakness, headache, trouble breathing, heart fluttering, or increased blood pressure before the person dies. A person may also fall unconscious before experiencing any of these symptoms

Robert Latimer stated that his reasoning for this method to end his daughter’s life was that he felt it was the most humane way

The Case

Once Tracy died, Robert put her in her bed and waited for his family to come home

Laura (Tracy’s mother) found Tracy dead in her bed and told her husband to call the authorities

Robert had already destroyed any evidence (he cut up and burned the hose) and claimed that Tracy died in her sleep

Laura claims she knew nothing of Robert’s plan to end Tracy’s life

The Case

The authorities suspected foul play and sought an autopsy to confirm cause of death

The appeal of an autopsy lead Robert to request cremation of his daughter’s body

10 days later, Robert confessed to killing Tracy

Robert was charged with first degree murder, but was found guilty of second degree murder by a jury and sentenced to a minimum of 10 years in prison

Values in Conflict

NonmaleficenceBeneficenceAutonomyJustice

Maleficence

Nonmaleficence - “to not inflict harm on another

individual”

Maleficence - “the doing of evil or harm on another

individual”

Maleficence

Conflict in this case:What was maleficent in this case? Was it justifiable for

Robert Latimer to overrule the principle of nonmaleficence?

Maleficence

Two primary possibilities:If one’s pain and suffering is so severe, then

taking no action is maleficentIf killing one is the ultimate harm then

therefore anything is better than death

Maleficence

How could the family recover?Can murder be non-maleficent?His choice of action?

Carbon monoxide poisoning – did she fall asleep or did she experience distress prior to death (i.e., tachycardia, etc.)

Beneficence

“to do the greatest amount of good”

Beneficence

Conflict in this case:Was Robert Latimer following the principle of

beneficence?

Beneficence

What good was done here? - Ending a painful life in which

Acetaminophen was the only pain control agent

Beneficence

• Murder is considered to be the greatest harm of all

- What was Robert Latimer's motive for ending Tracy's life?

• Overburdening caregiver vs. loving parent

Beneficence

Is there a state when someone’s pain is so severe that death is a more favourable alternative?

Autonomy

“Self-government; freedom to act or function independently”

Autonomy

Conflict in this case: Was Tracy Latimer’s autonomy taken into

consideration?

Autonomy

EuthanasiaVoluntaryNon-voluntaryInvoluntary

Autonomy

Mentally Disabled At what point, in a civilized society, do we

make the decision for mentally handicapped individuals that their life, based on how we perceive it, is not worth living?

Justice

• Formal – Treating equals equally

• Doesn’t mean to treat everyone the “same”

• Substantive – Practical

• Fair distribution of resources among all people

• “Justified” – warranted, necessary, defensible, reasonable,

acceptable or correct

Justice

Conflict in this case: Was Tracy Latimer’s death “justified”?

Justice

View 1: Robert Latimer was justified in killing Tracy because

he, as her surrogate decision maker, exercised her “right to die” and freed her of a life of pain.

View 2: Robert Latimer was unjustified in killing Tracy

because his actions were inconsistent with her best interests, depriving her of future joyful experiences.

Justice

Which view do you agree with? Do you think Tracy’s death was justified or

unjustified?

Do you think justice was served given Robert Latimer’s sentence? One year in prison and one year in house arrest

Do you agree that this act of murder should be labeled as “compassionate homicide”?

Discussion

It is often wondered whether or not Robert Latimer would have acted in the same way if Tracy had the cognitive capacity of an average twelve-year-old, and capable of speech. Would it have been as easy to make such a grave

decision on her behalf?

Do you think the substantive aspect of justice (fair distribution of resources) applies in this case?

What about those with other disabilities?