Intent, the ethos of a caring society and justice
Gillett, G.; Gillett, M.
Journal of law and medicine 16(2): 209-215
2008
ISSN/ISBN: 1320-159X PMID: 19009999 Document Number: 618110
A paradoxical New Zealand case of a father who killed his five-month-old severely impaired daughter is discussed. The jury found the father not guilty of murder despite his confession that he acted so as to bring about her death. Standard constructions do not capture any reason for the jury to acquit him on the ground of lack of intent. The case also raises the issue of social mores in relation to difficult ethical decisions and the problems in trying to capture those in legislation or guidelines. The analysis discusses an alternative conception of intent according to a broader understanding of the patient's life story and the events surrounding the act in question and also the reasons why policy and legislative needs may distort bioethical analysis and argument in relation to difficult human situations.