Kara Sears
Suicide and attempted suicide were historically considered common-law crimes in many countries. In medieval England, King Edgar's law stated that the property of someone who died by suicide would be forfeited to his feudal lord, a common penalty for felonies. This led to the perception of suicide as a felony. English common law also considered suicide an offence against God and the Crown. While suicide is no longer a crime in many countries, some US states still consider it a common-law crime, and attempted suicide is criminalized in several countries.
| Characteristics | Values |
|---|---|
| Suicide considered a felony under common law | In various states in the US, suicide was considered a felony under common law. In 1917, an attempt to commit suicide in New York State was a felony, punishable by a maximum penalty of two years' imprisonment. In 1947, only 18 states had abolished common-law crimes. By the late 1980s, 30 out of 50 states had no laws against suicide or suicide attempts. By the early 1990s, only two states still listed suicide as a crime, and these have since been removed. In 2019, a bill in Virginia to decriminalize suicide attempts failed to pass. However, suicide is no longer considered a crime in the US, and prosecutions are rare. |
| Punishment for suicide | In medieval times, forfeiture was a common penalty for felonies, and so the punishment for suicide was often the forfeiture of the entire estate to the king. Additionally, a person who died by suicide could be denied burial or given an "ignominious burial on the highway". Survivors of suicide attempts could be punished by probation orders, imprisonment, or fines. |
| Suicide as a crime | Suicide was perceived as an immoral, criminal offence against God and the Crown under English common law. The common law offence of "felo de se" was used to punish people who had attempted suicide and their surviving relatives. |
| Current status of suicide as a crime | Suicide is no longer considered a crime in the US, and most states have removed laws against suicide or suicide attempts. However, some states still consider suicide an unwritten "common law crime". Assisted suicide is a crime in all US states, with physician-assisted suicide being an exception in some states. |
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What You'll Learn
- Suicide was considered a felony in common law due to its perception as an immoral act against God and the Crown
- Suicide was decriminalised in the US in 1990s, but some states still classify attempts as a crime
- In 1917, New York State considered suicide a grave public wrong, with attempts punishable by up to two years' imprisonment
- In 1892, Canada criminalised suicide and assisting suicide as common-law crimes
- In 1992, the Virginia Supreme Court ruled that suicide was an unwritten common-law crime
Suicide was considered a felony in common law due to its perception as an immoral act against God and the Crown
Suicide was long considered a felony under common law, with its roots traced back to medieval England. The act of suicide was perceived as an immoral offence, conflicting with the idea of man's natural inclination to love oneself and impinging upon "the province of God". This religious perspective aligned with the view that suicide was also a criminal act against the Crown. As such, suicide was deemed a serious felony, resulting in severe consequences.
The historical legal treatment of suicide as a felony can be traced back to a law enacted by King Edgar of England in 967. This law stated that the property of an individual who died by suicide would be forfeited to their feudal lord. Forfeiture was a common penalty for felonies during the medieval period, and this specific law set a precedent for considering suicide a felony.
The English common law offence of "felo de se" was employed to punish individuals who attempted suicide and their surviving relatives. The punishment for suicide was the forfeiture of the entire estate to the king, which was a significant consequence in a society where inheritance of land and title held immense value. Additionally, those who died by suicide could be denied burial or given an ignominious burial on the highway.
The perception of suicide as a felony under common law extended beyond England. In the United States, various states historically listed suicide as a felony, although enforcement of these policies was sparse. By the early 1990s, only two states still classified suicide as a crime, and they have since removed this designation. However, in some U.S. states, suicide remains considered an unwritten "common law crime". Similarly, in Canada, the common-law crimes of attempting suicide and assisting suicide were codified when Parliament enacted the Criminal Code in 1892.
The decriminalisation of suicide has been a gradual process. In England and Wales, suicide was decriminalised in 1961, marking a shift from viewing suicide as a wrongdoing or sin to recognising it as a medical issue. Similarly, in New York State, while suicide was considered "a grave public wrong" in 1917, attempts were felonies punishable by a maximum of two years' imprisonment. Today, suicide is no longer considered a crime in the United States, although some states still have laws regarding attempted suicide.
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Suicide was decriminalised in the US in 1990s, but some states still classify attempts as a crime
Suicide has been decriminalised in many countries, but it remains a crime in some parts of the world. In the US, suicide was decriminalised in the early 1990s, but some states still classify attempts as a crime.
Historically, suicide was perceived as an immoral criminal offence against God and the Crown under English common law. The common law offence of 'felo de se' was used to punish people who attempted suicide and their surviving relatives. People who died by suicide could be denied burial, and their property forfeited to the Crown. Survivors of suicide attempts could face imprisonment, probation orders, or fines. This perception of suicide as a felony was also reflected in the laws of various US states. For example, in New York State in 1917, suicide was considered "a grave public wrong", and an attempt was punishable by up to two years in prison.
By the late 1980s, 30 US states had no laws against suicide or attempts, but all states had laws criminalising the encouragement of suicide. In the early 1990s, only two states still listed suicide as a crime, and these classifications were subsequently removed. Despite this, some US states continue to consider suicide an unwritten "common law crime". For instance, in 1992, the Virginia Supreme Court held that suicide could bar recovery for the late suicidal person's family in a lawsuit unless the suicidal person was proven to be "of unsound mind".
While suicide attempts are no longer criminalised in most US states, there is ongoing legislation regarding the encouragement of suicide and assisted suicide. As of 2024, physician-assisted suicide is legal in ten states and Washington D.C., with strict conditions and varying legislation. Additionally, in 2021, the Suicide Prevention Act passed the House and established a 988 Suicide & Crisis Lifeline to provide prevention services.
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In 1917, New York State considered suicide a grave public wrong, with attempts punishable by up to two years' imprisonment
Suicide was perceived as an immoral, criminal offence against God and the Crown under English common law. The common law offence of felo de se was used to punish people who attempted suicide and their surviving relatives. In such cases, the person who died by suicide could be denied burial, or their estate forfeited to the Crown. The survivors of suicide attempts could be punished by probation orders, imprisonment, or fines.
In New York State, in 1917, suicide was considered "a grave public wrong", and an attempt to commit suicide was a felony, punishable by a maximum penalty of two years' imprisonment. However, in Hundert v. Commercial Travelers' Mut. Acc. Ass'n of America, 1935, it was recognised that suicide was not considered a crime in New York.
By the late 1960s, 18 U.S. states had no laws against suicide. By the late 1980s, 30 of the 50 states had no laws against suicide or suicide attempts, but every state had laws declaring it a felony to aid, advise, or encourage another person to commit suicide. By the early 1990s, only two 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 a common law crime, suicide can bar recovery for the late suicidal person's family 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 act for the family to be awarded monetary damages by the court.
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In 1892, Canada criminalised suicide and assisting suicide as common-law crimes
In the 19th century, suicide and assisting suicide were criminalized in many countries, including Canada. This meant that those who attempted suicide and failed could be prosecuted and punished by the law. The criminalization of suicide was often rooted in religious and moral beliefs that suicide was a sin and a crime against God.
In 1892, Canada took a significant step in this direction by criminalizing suicide and assisting suicide as common-law crimes. This meant that these acts were now included in the criminal code and carried legal consequences. Those who attempted suicide could be charged with a criminal offense and, if convicted, faced penalties such as imprisonment or fines. This change in law sent a clear message that suicide was not only morally wrong but also legally unacceptable.
The criminalization of suicide in Canada was influenced by the English common-law tradition, which had a significant impact on the country's legal system. Under English common law, suicide was considered a felony, and this perspective carried over to Canadian soil. However, it's important to note that the enforcement of these laws varied, and often, those who attempted suicide were treated with leniency or diverted to medical or religious authorities rather than strictly punished by the criminal justice system.
Assisting suicide, or what we might refer to as aiding or abetting suicide, was also criminalized under this common-law framework. This meant that anyone who provided the means or encouragement for another person to take their own life could be held criminally responsible. This aspect of the law aimed to deter individuals from enabling or supporting suicide attempts by others, emphasizing the seriousness with which society viewed the preservation of life.
The criminalization of suicide and assisting suicide in Canada in 1892 reflected the societal and moral values of the time. It represented a shift towards a more formalized legal response to suicide attempts, although the actual enforcement and penalties may have varied depending on the circumstances and the discretion of the authorities. This period in Canadian legal history highlights the complex interplay between law, morality, and societal perceptions of suicide.
Since 1892, societal attitudes and legal approaches to suicide have evolved. In more recent times, there has been a growing recognition of suicide as a complex public health issue rather than solely a criminal matter. This has led to shifts in policy and practice, with a greater emphasis on prevention, support, and treatment for those at risk or affected by suicide. Understanding this historical context is crucial for comprehending the changing nature of legal responses to suicide and the ongoing efforts to address this challenging and emotionally charged issue.
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In 1992, the Virginia Supreme Court ruled that suicide was an unwritten common-law crime
Suicide was historically perceived as an immoral and criminal offence against God and the Crown under English common law. The common law offence of felo de se was used to punish people who attempted suicide and their surviving relatives. While suicide was never a statutory criminal offence, people who died by suicide could be denied burial, and their estate forfeited to the Crown.
In the late 1960s, 18 US states had no laws against suicide. By the late 1980s, 30 of the 50 states had no laws against suicide or suicide attempts, but every state had laws criminalising assisting suicide. By the early 1990s, only two states still listed suicide as a crime, and these have since removed that classification.
In 2018, a bill in Virginia to decriminalise suicide attempts failed to pass. As of 2024, physician-assisted suicide is legal in ten US states. Suicide has been decriminalised in several countries, including Canada, where the common-law crimes of attempting suicide and assisting suicide were codified in 1892. In 1972, Parliament repealed the offence of attempting suicide from the Criminal Code. South African courts have also ruled that suicide and attempted suicide are not crimes under Roman-Dutch law.
The classification of suicide as a crime has been criticised for adding insult to a tragic death and creating unnecessary burdens for grieving families.
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Frequently asked questions
Suicide is no longer considered a felony or a crime in the United States. However, some states classify attempted suicide as a criminal act, but prosecutions are rare.
By the early 1990s, only two states still listed suicide as a crime, and these have since removed that classification.
Suicide was perceived as an immoral, criminal offence against God and the Crown. Punishments included the denial of burial, forfeiture of property, and probation orders, imprisonment, or fines for those who attempted suicide.
