## Facts

- Thomas Youk, age 52, suffered from advanced ALS, was wheelchair-bound, tube-fed, and dependent on a respirator.
- On September 15, 1998, Dr. Jack Kevorkian met with Youk at Youk’s home and videotaped a discussion of Youk’s condition and stated wish to die.
- Kevorkian read a written document purporting to reflect Youk’s consent to “active euthanasia” by direct injection of a fatal drug to end “intolerable suffering.”
- On September 16, 1998, Kevorkian returned, again videotaping, and Youk stated he wanted to proceed.
- Kevorkian attached monitoring equipment, administered a drug to induce sleep, and injected potassium chloride to stop Youk’s heart, causing Youk’s death.
- Kevorkian later appeared on national television and openly acknowledged that he directly administered the fatal injection.
- In Oakland County Circuit Court, a jury convicted Kevorkian of second-degree murder and delivery of a controlled substance; he received concurrent prison terms of 10–25 years (murder) and 7 years (controlled substance).
- Kevorkian appealed, arguing primarily that his conduct was constitutionally protected as euthanasia or a “right to die,” and that it should not be treated as murder.

## Issues

1. Whether the United States or Michigan Constitution recognizes a right to euthanasia or physician-assisted suicide that bars Michigan from prosecuting a physician for directly administering lethal drugs.
2. Whether a physician’s direct injection of lethal drugs at a patient’s request constitutes second-degree murder under Michigan law rather than merely assisted suicide.
3. Whether administering the drugs supporting the death also supports a conviction for unlawful delivery of a controlled substance.

## Decision

- The Michigan Court of Appeals affirmed the convictions and sentences.
- The court held there is no federal or state constitutional right to euthanasia or physician-assisted suicide that immunizes intentional killing.
- The court held Kevorkian’s direct administration of lethal drugs satisfied the elements of second-degree murder.
- The court upheld the controlled-substance conviction based on Kevorkian’s unlawful delivery/administration of the drugs.

## Legal Principles

- Substantive due process does not protect a fundamental right to euthanasia; such a claimed right is not deeply rooted in history and tradition or essential to ordered liberty, and prohibitions are reviewed under rational-basis scrutiny.
- Michigan has legitimate interests supporting bans on intentional killing and misuse of powerful drugs, including preserving life, protecting vulnerable persons from coercion or abuse, and maintaining medical ethics.
- Second-degree murder requires (1) a death, (2) caused by the defendant, (3) malice (intent to kill, intent to cause great bodily harm, or wanton and willful disregard of the likelihood of death or great bodily harm), and (4) absence of justification or excuse.
- Directly injecting a lethal agent to cause death constitutes causation and supports malice; a victim’s consent to be killed does not supply a legal justification or excuse.
- “Mercy killing” is not a recognized exception to Michigan homicide liability.
- Unlawful provision or administration of controlled substances outside authorized medical and regulatory frameworks can constitute prohibited “delivery,” including when used to bring about death.

## Conclusion

The court affirmed Dr. Kevorkian’s convictions, holding that neither the Michigan nor the federal Constitution recognizes a right to euthanasia and that a physician’s direct lethal injection—even at a competent patient’s request—may be prosecuted as second-degree murder and unlawful delivery of controlled substances.


People v. Kevorkian, 248 Mich. App. 373, 639 N.W.2d 291 (Mich. Ct. App. 2001)