[net.suicide] laws against suicide

mjc@cad.cs.cmu.edu (Monica Cellio) (10/22/85)

Someone recently asked on one of our local bboards about laws concerning
suicide, and since the topic came up here I'm forwarding the answer that was
posted (with the author's permission).

							-Dragon


21-Oct-85 00:45    Michael Shamos@A.CS.CMU.EDU  Suicide law
   A great deal has been written and said on the subject of law and suicide.
Here is a hopelessly incomplete introduction to the topic.
   Under the Common Law of England, suicide by a sane person was a felony
(a crime for which the punishment was death).  The suicide was buried in
the public highway with a stake through his body and without the Christian
right of sepulchre.  The person's goods were forfeited to the Crown.  It was
not a picnic to live or die in medieval England.
   An unsuccessful attempt at suicide was a misdemeanor.  One who encouraged
or aided the suicide was treated as a principal or accessory as appropriate
and could himself be prosecuted for a felony.  The survivor of a mutual
suicide pact was a murderer.
   Putting aside for now the issue of whether a person has a moral right to
end his life, it is clear that he does not have a legal right to do so.
"The life of every human being is under the protection of the law, and
cannot lawfully be taken by himself, or by another with his consent, except
by legal authority."  Commonwealth v. Mink, 123 Mass. 422 (1877).  [One
of the leading U.S. cases on suicide, dealing affirmatively with the issue
of whether it is manslaughter to kill someone else unintentionally while
attempting to kill oneself.]  There are some important public interests
beside mere paternalism that suggest why suicide and aiding it have been
made criminal offenses.  One, as Comm. v. Mink shows, killing oneself
involves acts that can be harmful or fatal to others.  Dangerous weapons,
poisons, damage to property, and uncharitable thoughts play a part.
Counseling a suicide may be a way of causing an unstable relative to die
and leave an inheritance to the abbettor or of eliminating an enemy or
business competitor.
   I am unfamiliar with any motivation that suicide is criminal to render
contracts to commit suicide unenforceable.  They would be anyway on public
policy grounds.  No court would ever issue an injunction ordering A to kill
himself because he promised he would in a contract with B.
   Laymen are frequently troubled by the apparent logical impossibility of
having suicide, especially a successful one, be criminal and even punishable
by death.  But the Court in Comm. v. Mink recognized this difficulty and said,
"It is true, undoubtedly, that suicide cannot be punished by any proceeding
of the courts, for the reason that the person who kills himself has placed
himself beyond the reach of justice, and nothing can be done."  But we have
seen that there are other reasons for the act to be criminal beyond simply
punishing the perpetrator.
   The modern treatment of acts of suicide varies by state and country.
In most US jurisdictions, attempting one's own suicide is not a crime.
(It is a crime in North Carolina, though.)  The Pennsylvania statute is
typical:  (Pennsylvania Crimes Code, Sec. 2505, Causing or Aiding Suicide)
  "(a) Causing suicide as criminal homicide. - A person may be convicted
of criminal homicide for causing another to commit suicide only
if he intentionally causes such suicide by force, duress or deception.
   (b) Aiding or soliciting suicide as an independent offense. - A person
who intentionally aids or solicits another to commit suicide is guilty of
a felony of the second degree if his conduct causes such suicide or an
attempted suicide, and otherwise of a misdemeanor of the second degree."
Second-degree misdemeanors in Pennsylvania carry a maximum fine of $5000
and term of two years.  This statute means you can go to jail here for
soliciting somebody to commit suicide even if he never attempts it.
   Remember that my role in writing this piece and risking placing it on the
Opinion BBOARD is to convey information.  I am not taking an advocacy
position.  Please do not write me about euthanasia, God, or Betty Rollins
(who waited, I understand, until the statute of limitations expired before
writing her book on how she helped her mother commit suicide).

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