Conviction highlights legal system gaps in suicide cases
September 9, 2017
In the last few years, a bevy of new technology and methods of communication have completely changed the way people communicate. It’s now much easier to share your life with others and foster new relationships online. On the other side, though, it has become much easier to influence others — especially to influence them negatively.
The last decade has seen a multitude of cases involving self-harm and suicide caused, at least in part, by the influence of social media and digital harassment. Many of these cases have been difficult to navigate: using a series of flat, two-dimensional texts or messages to discern the motives of a three-dimensional person can easily lead to incorrect or unsubstantiated conclusions. Moreover, court judges are still trying to adapt suicide cases to the strict right-and-wrong approach of codified law, struggling to pin the blame on one party or the other.
This struggle came to light with the case of Michelle Carter, a 20-year-old woman who urged her boyfriend, Conrad Roy III, to commit suicide over text message. The underlying question that Massachusetts judge Lawrence Moniz had to answer was whether Carter’s actions were a crime. If so, what kind of crime is it and how should it be punished?
Moniz’s verdict that Carter was guilty of involuntary manslaughter made waves across the country. A number of questions specific to the case have been raised — had Roy not committed suicide, would Carter have still been charged with a criminal offense? At what point does a verbal threat or message become a criminal offense?
Moreover, this case could set a precedent for future cases concerning suicide. The verdict essentially states that encouraging others to commit suicide can be punished as a crime, although Massachusetts has no law banning assisted suicide and the first amendment protects hate speech. It does not, however, protect “true threats,” the definition of which is loose but encompasses any speech that places the victim in fear of bodily harm or death. In general, verbal threats or messages become felonies or misdemeanors if they present clear and plausible threats to the victim’s mental or physical health or safety.
However, Carter’s encouragement of suicide doesn’t seem to fit clearly into the types of speech that are addressed in the laws we have now. They are not threats, and labeling them as manslaughter also seems extreme because it is impossible to discover how much Carter’s words impacted Roy and whether they ultimately caused his suicide.
Of course, few cases are so black and white that a verdict won’t be questioned. And a case like Carter’s, in which no outsider could truly know and understand Carter’s and Roy’s intentions in their conversation about suicide, is no exception. But the case should signal to legal experts who have been watching its proceedings that its murkiness and lack of clear legal guidance mean that we need a better way to tackle cases like this one. As tense as the discussion around the case is, we can do much better than skirt it and forget it once the fervor dies down. Instead, we should tackle the questions raised by this case.
There’s no knowing what conclusions we might come to: perhaps this “texting suicide case,” as well as other suicide-related cases, can be incorporated into the laws that we have now or will only result in slight modifications and clarifications in the laws. Perhaps we’ll find that current laws should be changed more drastically to incorporate laws specifically tailored towards the consequences of encouraging suicide.
Even more likely, we may find that suicide simply doesn’t fit into the legal system we have now because an issue so connected to human emotion is difficult to evaluate with codified law and a set of lawyers, judges and jurors who have little insight into the minds of the victim those involved. But whatever the result, this case only reinforces the fact that more thinking needs to be done about how cases like this should be judged.

















![“[Building nerf blasters] became this outlet of creativity for me that hasn't been matched by anything else. The process [of] making a build complete to your desire is such a painstakingly difficult process, but I've had to learn from [the skills needed from] soldering to proper painting. There's so many different options for everything, if you think about it, it exists. The best part is [that] if it doesn't exist, you can build it yourself," Ishaan Parate said.](https://harkeraquila.com/wp-content/uploads/2022/08/DSC_8149-900x604.jpg)




![“When I came into high school, I was ready to be a follower. But DECA was a game changer for me. It helped me overcome my fear of public speaking, and it's played such a major role in who I've become today. To be able to successfully lead a chapter of 150 students, an officer team and be one of the upperclassmen I once really admired is something I'm [really] proud of,” Anvitha Tummala ('21) said.](https://harkeraquila.com/wp-content/uploads/2021/07/Screen-Shot-2021-07-25-at-9.50.05-AM-900x594.png)







![“I think getting up in the morning and having a sense of purpose [is exciting]. I think without a certain amount of drive, life is kind of obsolete and mundane, and I think having that every single day is what makes each day unique and kind of makes life exciting,” Neymika Jain (12) said.](https://harkeraquila.com/wp-content/uploads/2017/06/Screen-Shot-2017-06-03-at-4.54.16-PM.png)








![“My slogan is ‘slow feet, don’t eat, and I’m hungry.’ You need to run fast to get where you are–you aren't going to get those championships if you aren't fast,” Angel Cervantes (12) said. “I want to do well in school on my tests and in track and win championships for my team. I live by that, [and] I can do that anywhere: in the classroom or on the field.”](https://harkeraquila.com/wp-content/uploads/2018/06/DSC5146-900x601.jpg)
![“[Volleyball has] taught me how to fall correctly, and another thing it taught is that you don’t have to be the best at something to be good at it. If you just hit the ball in a smart way, then it still scores points and you’re good at it. You could be a background player and still make a much bigger impact on the team than you would think,” Anya Gert (’20) said.](https://harkeraquila.com/wp-content/uploads/2020/06/AnnaGert_JinTuan_HoHPhotoEdited-600x900.jpeg)

![“I'm not nearly there yet, but [my confidence has] definitely been getting better since I was pretty shy and timid coming into Harker my freshman year. I know that there's a lot of people that are really confident in what they do, and I really admire them. Everyone's so driven and that has really pushed me to kind of try to find my own place in high school and be more confident,” Alyssa Huang (’20) said.](https://harkeraquila.com/wp-content/uploads/2020/06/AlyssaHuang_EmilyChen_HoHPhoto-900x749.jpeg)






