Friday, October 17, 2008

Victims of the Suicide Prohibition: Mark & Julie James

Debbie Purdy may be about to get an answer to her legal question. But probably not.

Mark and Julie James, the parents of British rugby player Dan James, are under investigation for helping their son to end his life. Dan James travelled to Switzerland last month to end his life. How, exactly, his parents may have "assisted" his quest has not been released. The case may - or may not - shed light on how the British legal system will treat those who "assist suicide" in incidental ways. If the Jameses are prosecuted, that is one kind of answer. If the Jameses are not prosecuted, however, it is no assurance for Debby Purdy's husband.

Update: authorities have declined to prosecute Mr. and Mrs. James. (Thanks, Steven.)

The QC, Kier Starmer, is quoted as saying:
This is a tragic case involving as it does the death of a young man in difficult and unique circumstances. While there are public interest factors in favour of prosecution, not least of which is the seriousness of this offence, I have determined that these are outweighed by the public interest factors that say that a prosecution is not needed.

I would point to the fact that Daniel, as a fiercely independent young man, was not influenced by his parents to take his own life and the evidence indicates he did so despite their imploring him not to. I send my condolences to Daniel's family and friends. [Emphasis mine.]

Starmer seems to articulate a rule that it's okay to assist in a suicide as long as one does not influence the decedent to commit suicide, and as long as one "implores" the decedent not to do it. Precedent based on apparent attitude and feeling seems strange to me. In addition, Daniel's act wasn't criminal - even if his parents had influenced him to commit suicide, "influencing" someone to do something that is not a crime is a strange sort of crime. It does seem cruel and impolite - even I don't go around influencing people to commit suicide (quite the opposite, despite my belief that suicide is often rational) - but the requirement that those assisting a suicide must be, at the same time, fighting against the suicide, seems strange to me.

Perhaps it matters that it's the parents or caretakers doing, or not doing, the influencing. Then it is a matter of undue influence or improper use of one's authority. A regular person may influence another to have sex with him, and it is not a crime - but if a person in power (doctor, lawyer, caretaker, parent) uses his power to influence another (patient, client, charge, child) to commit the same sexual act, it may rise to the level of a tort or even a crime - almost as if physical force were used.

But nobody seems to be talking about autonomy here.

At any rate, it's not much guidance for Debby Purdy.

No comments:

Post a Comment

Tweets by @TheViewFromHell