Summary of Gilbert v. State (1986)

Defendant: Gilbert; the defendant’s wife was suffering from Alzheimer’s disease and she was in extreme pain. The wife on many occassions told the defendant that she wanted to die and finally the defendant could not take it any longer. In order to relieve his wife of her pain and suffering, the defendant shot her in the back of the head. He shot her a second time after he noticed that her pulse was still strong. The defendant was charged with first degree murder.

Issue: Can the sentence of first degree murder be reduced considering the motive of the defendant, even if the murder was premeditated?

Holding: No

Legal Reasoning: The court reasoned that Euthanasia or “mercy killing” is not a defense to premeditated murder in the state of Florida so the defendant’s crime fits under the same rules. The court ruled that it was the duty of the legislature to change the law and the conviction of the defendant was affirmed.