People v. Kevorkian
447 Mich. 436, 527 N.W.2d 714 (1994)
Kevorkian was a doctor. Two
people with terminal illnesses came to him and asked him for help
committing suicide. He provided them with drugs and information and they
were successful.
Kevorkian was arrested and
charged with murder.
The Trial Court dismissed the
charges. The prosecutor appealed.
The Trial Court found that
assisted suicide was not a crime in Michigan.
The Appellate Court reinstated
the charges. Kevorkian appealed.
The Appellate Court looked
to People v. Roberts (178 N.W.
690 (1920)), in which a man gave his wife some poison so she could kill
herself. Roberts argued that since suicide isn't a crime, assisting
someone can't be murder (there is no murder committed).
However, in that case the court found that it is possible to be guilty of
murdering someone, even if they request that you do so.
The Michigan Supreme Court
reversed.
The Michigan Supreme Court
found that it was a matter of how much participation the defendant had.
If the defendant was an
active participant and actually administered the poison, that would be murder.
If the defendant was a more
passive participant and only supplied the poison, then he is not.
Later Michigan enacted a
Statute that explicitly made assisted suicide a crime.