Cameron Miranda
Suicide was historically perceived as a felony at common law, with significant religious and legal consequences for the deceased and their family. The common law offence of 'felo de se' was used to punish those who attempted suicide and their surviving relatives. While suicide has been decriminalised in many countries, it remains a crime in several jurisdictions, and the associated acts of assisting and attempting suicide are often criminalised. The classification of suicide and its punishment have evolved over time, reflecting changing social norms and attitudes towards mental health.
| Characteristics | Values |
|---|---|
| Common law crimes | Attempting suicide and assisting suicide |
| Common law crime penalty | Maximum penalty of 2 years' imprisonment |
| Common law in Canada | Criminal Code enacted in 1892 |
| Common law in England | Suicide was perceived as a disease of the soul |
| Common law offence | Felo de se |
| Common law in Scotland | Survivors of suicide attempts may be arrested and prosecuted for associated common law offences |
| Common law in Australia | ACT governments advocated for the right to legalise euthanasia-related schemes |
| Common law in South Africa | Ruled that suicide and attempted suicide are not crimes |
| Common law in Nepal | No criminal liability for attempted suicide |
| Common law in the US | Some states that recognise common law crimes still have it on their books |
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What You'll Learn
Suicide as a felony
Suicide was historically perceived as a felony at common law, with significant religious and legal consequences for the deceased and their family. This perception of suicide as a felony can be traced back to the influence of Christian theology and the philosophical arguments of St. Thomas Aquinas, who regarded suicide as a disregard for the will of God and a conflict with man's natural inclination to self-love.
The common law offence of "felo de se" was used to punish those who attempted suicide and their surviving relatives. The act of suicide was considered a criminal offence against God and the Crown, resulting in the denial of burial or forfeiture of the estate to the Crown. Survivors of suicide attempts could face legal repercussions such as probation orders, imprisonment, or fines.
In many jurisdictions, the act of suicide itself was never codified as a statutory criminal offence. However, associated matters, such as assisting or encouraging suicide, have been addressed by the laws of some countries. For instance, the common-law crimes of attempting suicide and assisting suicide were codified in Canada in 1892, with a maximum penalty of two years' imprisonment.
Over time, there has been a shift in the legal perception of suicide. In 1961, the Suicide Act in the United Kingdom decriminalised suicide, recognising it as a tragic but not criminal act. This change in legislation abolished the prosecution of individuals who survived suicide attempts and the potential prosecution of their families. However, the act of "assisting, aiding, or abetting suicide" was established as an offence, creating a new offence of "complicity in suicide".
While the decriminalisation of suicide in the UK represented a significant shift, the legal status of suicide varies internationally. Currently, about half of the countries in the world no longer treat suicide as a crime, while the other half do. Some countries, like Malaysia, Singapore, and Saudi Arabia, have strict punishments for attempted suicide, while others, like South Africa and Nepal, do not consider it a criminal offence.
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Religious and moral objections
The classification of suicide as a crime at common law was influenced by religious and moral objections. For centuries, suicide was perceived as an immoral act, a criminal offence against God and the Crown. This belief was rooted in the philosophical writings of St. Thomas Aquinas, who argued that suicide demonstrated disregard for the will of God and jeopardised one's salvation. According to Aquinas, the act conflicted with man's natural inclination to love oneself and impinged upon the domain of God.
The Christian Church's influence on the common law approach to suicide is evident in the historical understanding of self-killing as a felony. Suicide was considered a sin, and those who died by suicide were believed to have committed a criminal offence against God. This religious objection led to significant consequences for both the deceased and their families, including the denial of burial and forfeiture of property to the Crown.
In addition to religious objections, moral concerns also played a role in the classification of suicide as a crime. Suicide was seen as an act of self-murder, a violation of the sanctity of human life. This moral objection reflected a belief in the inherent wrongness of taking one's own life and the importance of preserving life.
The decriminalisation of suicide in some jurisdictions, such as the UK in 1961, reflects a shift in societal attitudes and a recognition of the complex psychological dynamics underlying suicidal behaviour. However, the legacy of religious and moral objections persists, and suicide remains a criminal offence in many parts of the world, with associated stigma and legal consequences.
While the influence of religion on the legal classification of suicide has been significant, it is important to note that the relationship between religion and suicide is complex. Some religious traditions, such as ancient Rome, medieval Japan, and today's Tibet Autonomous Region, have viewed suicide as an extreme expression of liberty or dissent.
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Criminalising attempts
Suicide attempts have been criminalised in various jurisdictions throughout history, often stemming from religious and moral objections. Under English common law, suicide was perceived as a criminal offence against God and the Crown, with significant consequences for the deceased and their family. The common law offence of felo de se was used to punish those who attempted suicide and their surviving relatives. Punishments included denial of burial, forfeiture of property, probation orders, imprisonment, and fines. This perception of suicide as "self-murder" was influenced by religious figures like St. Thomas Aquinas, who argued that suicide conflicted with God's authority and man's natural inclination to self-love.
In Canada, the common-law crimes of attempting suicide and assisting suicide were codified in 1892, carrying a maximum penalty of two years' imprisonment. However, in 1972, Parliament repealed the offence of attempting suicide, arguing that a legal deterrent was unnecessary. Similarly, in 1961, the United Kingdom decriminalised suicide through the Suicide Act, recognising an individual's right of autonomy. While the act of suicide was no longer a crime, the legislation created a new offence of "complicity in suicide," making it illegal to assist, aid, abet, counsel, or procure another person's suicide.
Some countries, like Malaysia and Saudi Arabia, have been known to prosecute attempted suicides, resulting in jail sentences. In contrast, other jurisdictions, like Nepal, have never had criminal liability for attempted suicide. The legal stance on suicide attempts varies globally, with about half of the countries no longer treating suicide as a crime, while the other half still does.
The criminalisation of suicide attempts has been a subject of debate, with some arguing that it discourages help-seeking behaviour and stigmatises those who need support. The involvement of the police in suicide investigations may reinforce the perception of attempted suicide as a punishable offence, even in jurisdictions where it is not explicitly criminalised.
While the decriminalisation of suicide attempts recognises individual autonomy, the law continues to address the associated matters of assisting suicide and the fate of the person's property and family members. The distinction between passively allowing death and actively assisting in suicide remains a pivotal point in legal debates, particularly in the context of euthanasia and voluntary assisted dying schemes.
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Punishment and consequences
Suicide was historically perceived as a felony at common law, with significant religious and legal consequences. The common law offence of "felo de se" was used to punish those who attempted suicide and their surviving relatives. The punishment for suicide was influenced by Christian theology, with St. Thomas Aquinas formulating the view that suicide was a disregard for the will of God and a person's natural inclination to self-love. This led to the belief that suicide was an immoral criminal offence against God and the Crown.
At common law, a person who died by suicide could be denied burial or have their estate forfeited to the Crown. Their surviving family members could also face prosecution and social stigma. The punishment varied across jurisdictions, with some imposing fines, imprisonment, or both. In Canada, for example, the common-law crimes of attempting suicide and assisting suicide were codified in 1892, carrying a maximum penalty of 2 years' imprisonment. However, in 1972, the offence of attempting suicide was repealed from Canadian law.
The decriminalisation of suicide in England and Wales in 1961 marked a shift in attitudes, recognising suicide as a private act. The Suicide Act 1961 abolished the prosecution of those who attempted suicide, but it created a new offence of "complicity in suicide", making it a crime to assist, aid, or abet suicide. This offence was later pivotal in debates about voluntary euthanasia.
While suicide has been decriminalised in many countries, it remains a crime in several parts of the world, including some African countries and US states that recognise common law crimes. The criminalisation of suicide has been associated with stigmatisation and discouragement, impacting help-seeking behaviours and support services for those contemplating suicide.
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Assisted suicide
Suicide was historically perceived as a felony at common law, with significant religious and legal consequences for the deceased and their family. English common law perceived suicide as a criminal offence against God and the Crown. The common law offence of felo de se was used to punish those who attempted suicide and their surviving relatives.
The laws regarding assisted suicide vary across jurisdictions. While it is illegal in some places, it is legal under certain circumstances in countries like Austria, Belgium, Canada, Germany, Luxembourg, the Netherlands, Portugal, Spain, Switzerland, parts of the United States, and all six states in Australia. The constitutional courts of Colombia, Ecuador, Estonia, and Italy have legalized assisted suicide, but it has not been implemented due to a lack of legislation or regulation.
The debate around assisted suicide is complex, with advocates for assisted dying preferring terms like "medical aid in dying" or "voluntary assisted dying" to distance themselves from the stigma associated with suicide. Opponents of assisted suicide raise concerns about the potential for abuse, especially regarding vulnerable populations, and the conflict with the Hippocratic Oath.
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Frequently asked questions
Suicide was historically perceived as a felony at common law, with significant religious and legal consequences for the deceased and their family. It was decriminalised in England in 1961, though the offence of "assisting, aiding or abetting suicide" was created.
Suicide was considered a criminal offence against God and the Crown. A person who died by suicide could be denied burial or have their estate forfeited to the Crown. Surviving relatives could also face legal consequences, including probation orders, imprisonment or fines.
The view of suicide as a criminal act has evolved, with about half the countries in the world no longer treating it as a crime. The influence of Christian theology, legal theory, and social and medical developments have shaped attitudes towards suicide. Today, suicide is often seen as a private act and a tragic expression of individual liberty.
