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The California Compassionate Choices Act. 2007: Speaker Nuñez and Assemblymembers Berg & Levine introduced AB 374.
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The California Compassionate Choices Act 2007: Speaker Nuñez and Assemblymembers Berg & Levine introduced AB 374 “Enacts the California Compassionate Choices Act, which would authorizecompetentadults who have beendetermined by two physiciansto be suffering from aterminal diseaseto make a request formedicationto hasten theend of their livesin a humane manner.”
“Why did California’s Compassionate Choices Acts Fail, though there existed 70% electorate majority support and powerful authors in the Assembly and Senate?”
Semi-Structured Interviews Archival Research Analysis
Integrative Behavioral Conflict Model Level I. Structure - The 70% Level II. Triggering Events & Framing Level III. Implicit Index Behavioral Model
The California Compassionate Choices Act 2005-2006: Proposed by Assemblymembers Berg & Levine. AB 654: Passed Rules Committee and Judiciary. Held on the Assembly Floor - No Vote AB 651: Gutted and Amended - Sent to Senate Passed Rules Committee Failed in Judiciary by a single vote. Governor said he would veto - should go to voters.
define structure as it was in the poster This is the 70% that Legislators looked to in justifying this legislation: Overriding social structural and culturalfactors that producelegislation and the demand for politicalaction.
define structure as it was in the poster Structural Foundations - Defined: • “Public remains supportive of doctor-assisted suicide” • “70% would favor the practice” • “Most would favor doctor-assisted euthanasia as an option if they were terminally-ill”
From Cal Report ‘06: (1778 polled) • 37% of terminally-ill received hospice care. • 41% of Whites, 32% of Latinos & 21% of African-Americans. • 90% reported positive view of hospice. California Minorities Have Special Concerns. • 51% of African-Americans, 46% of Latinos & 34% of Whites say healthcare in California is poor.
Triggering Events: A related or unrelated event that provides the link between the demandforaction and publicpolicy
Triggering Events: Sinclair’s “The Jungle” Led to the passage of Pure Food and Drug Act (1906) define example explain the failure to capitalize on a triggering event point out that there are always triggering events.
Triggering Events: Absence of a trigger: “This legislation lacked a triggering event like that case in Florida” -Assemblymember define example explain the failure to capitalize on a triggering event point out that there are always triggering events.
Collective Action Framing “A discursive process of producing and maintainingsignificance and shared-meaning of collective action objectives”
Collective Action Framing Terri Schiavo: “Sentenced to Death For Being Disabled” APFN.org
show who the major players were on both sides: compassion and choices, californians for compassionate choices, ACLU and eldercare groups. On the opposition, we had Not dead yet, civil rights groups, disabilities groups... take a look at them and find their logos to use. Collective Action Framing Support Opposition Master Frame Motivational Frame
Implicit Index The process by which policy makers weigh the strength and sort through the noise from indicators in an effort to make a decision.
Implicit Index Jones & Baumgartner: Policy makers treated Abu Ghraib as an irrelevant aspect of Iraqi occupation... ...Until the photos from the prison were published.
This should be the 12 - 13 minute mark - at the end of this slide. Implicit Index What were the indicators? • Constituency • Staff • Roll-call Votes & Senior Legislators • Judiciary Committee Reports & Testimony
This should be the 12 - 13 minute mark - at the end of this slide. Implicit Index Without a specific Trigger to align the indicators, Legislator’s attention shifted to: • High cost in political capital • Opposition’s Frame Strength
Integrative Behavioral Conflict Model Level I. Structure - The 70% Level II. Triggering Events & Framing Level III. Implicit Index Behavioral Model
Discussion and conclusion should take two more minutes. An ideologically diffuseStructure, the lack of a TriggeringEvent and the strength of the Opposition’sCollectiveActionFrameraised the cost in PoliticalCapital, thus making this legislation untenable. address limitations future research What these results suggest - that this legsilation became a tool to shore up progressive base for political ambitions. Legislation to follow may have good indtions, but ultimately, because of this high cost in political capital to move a bill like this, legislators have to get their money’s worth. Futhermore,
2005-2006 • Terri Shiavo • Triggers AB 654 and 651 • 651 comes to Senate by Gut and Amend • Opportunity to bring the battle to the Conservatives
2007 AB 374 introduced by Speaker Nuñez Los Angeles Mayor election. “Nuñez was interested in running for Los Angeles Mayor in next election” - Senator Used this to shore up progressive base
2007 Nuñez involvement with bill had obvious repercussions Catholic Church - Cardinal Mahoney: While speaking to 250 worshippers Monday at the Cathedral of Our Lady of the Angels: "We should be troubled that Fabian Nuñez, who has worshipped here in this cathedral as a Catholic...the culture of death." Fliers depicting him as favoring suicide have been handed out at churches all over his legislative district.
Structural Contingencies Jack Kevorkian Released from 8 year prison term during the proposal of AB 374. Opportunity to say: “We’re not like this nut!” define example explain the failure to capitalize on a triggering event point out that there are always triggering events.
Structural Contingencies Kevorkian News Articles 1991 - 1999 2000 - 2008 June 2007 define example explain the failure to capitalize on a triggering event point out that there are always triggering events.
4 reasons to propose legislation that you know is not going to pass: 1) To stimulate the structure for a ballot initiative 2) Political entrepreneurship 3) Push it to the Gov. in hope that he’ll sign 4) To bring Progressives and Conservatives to a debate on the issue - restructure the Legislature.
In Conclusion: Integrative Behavioral Conflict Model Where legislators looked and what they ignored. Shows the conflict between maintaining legitimacy while furthering political ambition in an institution overwhelmed by sources of information.
In Conclusion: Criminal negligence: One must show Due-Diligence of law Our healthcare system is a confounding of pharmaceutical, healthcare providers, and insurance companies, all working for a profit. They treat disease, rather than prevent it. Should Physician-Assisted Euthanasia become law, and a Doctor provides you with medication to end your life...
In Conclusion: Have they performed the Due-Diligence to be absolved from Criminal Negligence?
Special Thanks to Professor Dombrink, Professor Jenness, my wife, family, and my mom.