Suicide

History

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Views

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Related phenomena

Ideation · Self-injury · Suicide note · Locations

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Suicide has historically been treated as a criminal matter in many parts of the world. Although a person who has successfully committed suicide might be thought to be beyond the reach of the law, there could still be legal consequences. The associated matters of assisting a suicide and attempting suicide are, or have been, also dealt with by the laws of some jurisdictions.

Contents 1 History 2 Assisted suicide 3 Laws in individual jurisdictions 3.1 Australia (Victoria) 3.2 England and Wales 3.3 India 3.4 Ireland 3.5 Netherlands 3.6 Russian Federation 3.7 Scotland 3.8 Singapore 3.9 United States 4 References

[edit] History

In ancient Athens, for example, a person who had committed suicide (without the approval of the state) was denied the honours of a normal burial. The person would be buried alone, on the outskirts of the city, without a headstone or marker.^[1] By contrast, soldiers who had been defeated were expected to commit suicide in Ancient Rome and Feudal Japan. A criminal ordinance issued by Louis XIV in 1670 was far more severe in its punishment: the dead person's body was drawn through the streets, face down, and then hung or thrown on a garbage heap. Additionally, all of the person's property was confiscated.^[2]

Even in modern times, legal penalties for committing suicide have not been uncommon. By 1879, English law had begun to distinguish between suicide and homicide, though suicide still resulted in forfeiture of estate. Also, the deceased were permitted daylight burial in 1882.^{[citation needed]}

[edit] Assisted suicide

In many jurisdictions it is a crime to assist others, directly or indirectly, to take their own life, or, in some jurisdictions, to even encourage them to do so. Sometimes an exception applies for physician assisted suicide (PAS), under strict conditions.

[edit] Laws in individual jurisdictions

[edit] Australia (Victoria)

In the Australian state of Victoria, while suicide itself is no longer a crime, a survivor of a suicide pact can be charged with manslaughter. Also, it is a crime to counsel, incite, or aid and abet another to attempt or commit suicide, and the law explicitly allows any person to use "such force as may reasonably be necessary" to prevent another from committing suicide.

[edit] England and Wales

Suicide (and thus also attempted suicide) was illegal under English Law, known as Felo de se, but ceased to be an offence with the passing of the Suicide Act 1961; the same Act makes it an offence to assist a suicide. While the simple act of suicide is lawful the consequences of committing suicide might turn an individual event into an unlawful act, as in the case of Reeves v Commissioners of Police of the Metropolis [2000] 1 AC 360 ^[3], where a man in police custody hanged himself and was held equally liable with the police (a cell door defect enabled the hanging) for the loss suffered by his widow; the practical effect was to reduce the police damages liability by 50%. In 2009, the House of Lords ruled that the law concerning the treatment of people who accompanied those who committed assisted suicide was unclear, following Debbie Purdy's case that this lack of clarity was a breach of her human rights. (In her case, as a sufferer from multiple sclerosis, she wanted to know whether her husband would be prosecuted for accompanying her abroad where she wished eventually to commit assisted suicide.) As a result, this law is expected to be revised.^[4]

[edit] India

In India, attempted suicide is a punishable crime by up to one year in prison and/or fine. For a brief while, the Supreme Court had interpreted the section of the penal code which criminalizes suicide as unconstitutional but a recent decision has upheld the constitutional validity of prohibiting suicide.

[edit] Ireland

Attempted suicide is not a criminal offence in Ireland. Assisted suicide and euthanasia are illegal however. Under Irish law self-harm is not generally seen as a form of attempted suicide.

[edit] Netherlands

In the Netherlands, being present and giving moral support during someone's suicide is not a crime; neither is supplying general information on suicide techniques. However, it is a crime to participate in the preparation for or execution of a suicide, including supplying lethal means or instruction in their use. (Physician-assisted suicide may be an exception. See Euthanasia in the Netherlands.)

[edit] Russian Federation

In Russia, inciting someone to suicide by threats, cruel treatment or systematic humiliation is punishable by up to 5 years in prison. (Article 110 of the Criminal Code of the Russian Federation)

[edit] Scotland

Suicide is not an offence under Scots Law thus there is no offence committed by attempting suicide as there was in England and Wales (until 1961 when the Suicide Act was passed). A person who assists a suicide might be charged with murder, culpable homicide or no offence at all depending upon the facts of each case.

[edit] Singapore

In Singapore, a person attempting to commit suicide can be imprisoned by up to one year.

[edit] United States

Historically, various states listed the act as a felony, but all were reluctant to enforce it. By 1963, six states still considered attempted suicide a crime (North and South Dakota, Washington, New Jersey, Nevada, and Oklahoma that repealed its law in 1976). By the early 1990s only two US states still listed suicide as a crime, and these have since removed that classification. In some U.S. states, suicide is still considered an unwritten "common law crime," as stated in Blackstone's Commentaries. (So held the Virginia Supreme Court in Wackwitz v. Roy in 1992.) As a common law crime, suicide can bar recovery for the family of the suicidal person in a lawsuit unless the suicidal person can be proven to have been "of unsound mind." That is, the suicide must be proven to have been an involuntary, not voluntary, act of the victim in order for the family to be awarded money damages by the court. This can occur when the family of the deceased sues the caregiver (perhaps a jail or hospital) for negligence in failing to provide appropriate care.^[5] Some legal scholars look at the issue as one of personal liberty. According to Nadine Strossen, former President of the ACLU, "The idea of government making determinations about how you end your life, forcing you...could be considered cruel and unusual punishment in certain circumstances, and Justice Stevens in a very interesting opinion in a right-to-die [case] raised the analogy."^[6]

In many jurisdictions medical facilities are empowered or required to commit anyone whom they believe to be suicidal for evaluation and treatment. See Code 5150 for example.

[edit] References