Legalized Suicide

Nitcentral's Bulletin Brash Reflections: Legal Musings: Legalized Suicide
By Brian Webber on Friday, March 26, 2004 - 10:49 pm:

I found this on The Straight Dope website, and thought it interesting.

Dear Cecil:

I have heard for years that it is illegal to attempt suicide, but do such suicide laws really exist? If so, where and why? Obviously those who are successful in their attempts are beyond the reach of the law, and it seems awfully mean to add to the woes of those who have failed by bringing them up on charges. More seriously, wouldn't such a law discourage someone who had attempted suicide from seeking professional help? If such laws do exist, are they ever enforced? Do people go to jail for attempted suicide? --t., via the Internet

Cecil replies:

Old joke:

Q: What's the punishment for suicide?

A: Life imprisonment.

Q: What's the punishment for attempted suicide?

A: Hanging.

OK, so it wasn't that funny the first time. But you see my point: How can suicide be illegal, given that the perp can't be punished? Nonetheless it has been, and until quite recently in some places (Ireland repealed its law in 1993). This seems absurd, but as with many of our more curious laws, we only see it that way now thanks to evolving ideas of morality.

Views on suicide have varied widely, both historically and culturally. Certain Asian societies not only haven't condemned suicide but have sometimes expected or even rewarded it--Japan is the obvious example, with its tradition of hara-kiri, but by no means the only one. Consider the Indian practice of suttee--before the British outlawed it in 1829, an average of 500 widows immolated themselves in their husbands' funeral pyres each year, and were often regarded as nearly divine for doing so.

The ancient Greeks and Romans tended to take a practical view of suicide. Most philosophers accepted that there were circumstances in which it was honorable--for example, to save the lives of others, or as a protest against tyranny. Judaism traditionally forbids self-destruction, but nonetheless many Jews continue to mythologize the mass suicide at Masada, where 960 are believed to have killed themselves rather than surrender to the Romans. Early Christians were even more ambivalent about suicide, as you might expect from followers of a religion founded on martyrdom. Virgins who preferred suicide to dishonor were also celebrated, and at least one, Saint Pelagia, was canonized. Islam alone among these three faiths has a clear scriptural ban on suicide, but as recent events have made plain, that hasn't prevented certain zealots from arriving at permissive interpretations thereof.

The Christian opposition to suicide hardened starting with fifth-century theologian Augustine of Hippo, who argued that offing yourself is never justifiable because it violates God's injunction "thou shalt not kill." Suicides were deemed to have committed a mortal sin and denied Christian burial. Church law influenced civil law, and by the tenth century suicide in England was considered not just a crime but a felony. English common law distinguished a suicide, who was by definition of unsound mind, from a felo-de-se or "evildoer against himself," who had coolly decided to end it all and thereby perpetrated an infamous crime. Such a person forfeited his entire estate to the crown. Furthermore his corpse was subjected to public indignities, such as being dragged through the streets and hung from the gallows, and was finally consigned to "ignominious burial," as the legal scholars put it--the favored method was beneath a crossroads with a stake driven through the body. Other European states established similar laws, apparently hoping they would serve as deterrents. As time went on the punishments lessened. By the 17th century an English suicide forfeited only personal property; his heirs could still get his real estate. But the basic notion of suicide as a crime wasn't swept away in France till the revolution, and in England it took even longer: ignominious burial wasn't abolished until 1823 nor property forfeiture till 1870, and the deed itself remained a crime (albeit only a misdemeanor, and a rarely prosecuted one at that) until 1961. In many jurisdictions you can still be prosecuted for helping someone kill himself, and assisted suicide remains a hotly debated topic not just in the UK but in much of the world.

In the U.S. suicide has never been treated as a crime nor punished by property forfeiture or ignominious burial. (Some states listed it on the books as a felony but imposed no penalty.) Curiously, as of 1963, six states still considered attempted suicide a crime--North and South Dakota, Washington, New Jersey, Nevada, and Oklahoma. Of course they didn't take matters as seriously as the Roman emperor Hadrian, who in 117 AD declared attempted suicide by soldiers a form of desertion and made it--no joke this time--a capital offense.

--CECIL ADAMS


By Mark V Thomas on Wednesday, June 16, 2004 - 9:34 am:

I decided to put this thread up,to allow Serious disscussion of this topic, after someone posted a rant on this subject on the
Enterprise Kitchen Sink.
So to paraphase, the thread's title "Should the Law be changed to allow
Assisted Suicide/Euthanasia" for example, terminally ill people, or are the ghosts of the Nazi T4 program & the later Holocaust still prevent any rational disscussion on this Subject..?


By CR on Wednesday, June 16, 2004 - 9:43 am:

Regardless of one's personal views about euthanasia, I think that euthanasia advocate Dr. Jack Kavorkian (sp?) did more harm to the cause than good, at least in the US.
Personally, I advocate it under certain circumstances, but not with the sensationalistic methods Kavorkian employed.


By MikeC on Wednesday, June 16, 2004 - 11:08 am:

I believe that people should be able to die with dignity, but I agree with CR, Kevorkian went too far.


By TomM on Wednesday, June 16, 2004 - 12:56 pm:

Although I would have grave reservations, I would not seriously object to decriminalizing assisted suicide under certain circumstances. I would not agree to legalizing all euthanasia, however.

This is the first that I have accepted the possibility of not prosecuting all attempts, so I have no idea, yet, under what circumstances I would allow it to go unchallenged.

(Some of us do change our perspectives on even serious issues as we grow older. It is not a flip-flop or evidence of hypocracy. :)

Besides I'm not accepting assisted suicide, but just tolerating and showing sympathy for others' weaknesses. [Yeah, that's it])


By Brian Webber on Wednesday, June 16, 2004 - 4:40 pm:

I'm with Bill Mahr and Kurt Vonnegut when they call Kevorkian a political prisoner.


By MikeC on Wednesday, June 16, 2004 - 8:11 pm:

Political prisoner--how about media hound?


By Anonymous on Wednesday, June 16, 2004 - 10:34 pm:

Media hound--how about murderer?


By Srussel (Srussel) on Wednesday, June 16, 2004 - 10:42 pm:

Murderer--how about saint?


By MikeC on Thursday, June 17, 2004 - 6:47 am:

Saint--how about sinner?

This is fun, it's like Mad Libs.


By CR on Thursday, June 17, 2004 - 7:37 am:

Sinner-- how about... um... what was the topic again? (:))


By Kurt Vonnegut on Thursday, June 17, 2004 - 12:07 pm:

God Bless you Dr. Kevorkian


By Slaughterhouse Five on Thursday, June 17, 2004 - 9:47 pm:

And so it goes...


By Jeff Winters (Jeff1980) on Thursday, February 24, 2022 - 11:39 am:

Dr. Jack Kevorkian was an American Hero, who stood up for Individual Freedom and Liberty, and Fun Fact, in 2002
Dr. Kevorkian was Nominated for the Nobel Peace Prize for his Work in helping Suffering people to End their Lives of Suffering. Google It.
Those people had Requested to Die and Dr. Kevorkian gave them what they wanted


By ScottN (Scottn) on Thursday, February 24, 2022 - 1:43 pm:

Your point being? Being nominated for the Nobel Peace Prize means squat.

[WARNING: GODWIN ALERT]
Hitler was nominated for the Nobel Peace Prize as well.

https://www.nobelpeacecenter.org/en/news/hitler-as-a-nobel-laureate


By Tim McCree (Tim_m) on Friday, February 25, 2022 - 3:37 am:

Oh no you don't, Jeff. You are NOT going to start your nonsense here.

I am closing this thread.