SUICIDE (Lat. suus, himself, ccedere, to kill). Self-destruction.
This was once regarded by the common law as exclusively a felonious act ; Of late, however, it has been often treated as the re sult of insanity, to be followed by all the legal consequences of that disease, so far as it is practicable. That suicide may be com mitted by a person in the full enjoyment of his reason, there can be no doubt ; nor can there be any doubt that it is often the result of unquestionable insanity. Between the two kinds of suicide here indicated, the medical jurist is obliged to discriminate, and in per forming this duty the facts on the subject should be carefully considered.
The instinct of self-preservation is not so strong as to prevent men entirely from being tired of life and seeking their own destruc tion. They may have exhausted all their sources of enjoyment, their plans of business or of honor may have been frustrated, pov erty or dishonor may be staring them in the face, the difficulties before them may seem utterly insurmountable, and, for some reason like these, they calmly and deliberately re solve to avoid the evil by ending their lives. The act may be unwise and presumptions, but there is in It no element of disease. On the other hand, it is well known that suicidal desires are a very common trait of insanity, —that a large proportion of the insane at tempt or meditate self-destruction. It may be prompted by a particular delusion, or by a sense of irresistible necessity. It may be manifested in the shape of a well-considered, persistent intention to seize upon the first opportunity to terminate life, or of a blind, automatic impulse acting without much re gard to means or circumstances. As the dis ease gives way and reason Is restored, this propensity disappears, and the love of life returns.
Besides these two forms of the suicidal propensity, there are other phases which can not be referred with any degree of certainty to either of them. Persons, for instance, in the enjoyment of everything calculated to make life happy, and exhibiting no sign of mental disease, deliberately end their days. Another class, on approaching a precipice or a body of water, are seized with a desire, which may be irresistible, to take the fatal plunge. Many are the cases of children who,
after some mild reproof, or slight contradic tion, or trivial disappointment, have gone at once to some retired place and taken their lives. Now, we are as little prepared to re fer all such cases to mental disease as we are to free voluntary choice. Every case, therefore, must be judged by the circum stances accompanying it, always allowing the benefit of the doubt to be given to the side of humanity and justice.
By the common law, suicide was treated as a crime, and the person forfeited all chat tels real or personal, and various other prop erty; 4 Bla. Com. 190. This result could be avoided by establishing the insanity of the party ; and in England courts have favored this course whenever the legal effect of sui cide would operate as a punishment. On the other hand, where the rights and interests of other parties are involved, the question of insanity is more closely scrutinized ; and am ple proof is required of the party on whom the burden of proof lies.
To be guilty of this offence, the deceased must have had the will and intention of com mitting it, or else he committed no crime; but he also has been so considered who occa sions his own death whilst maliciously at tempting to kill another: Hawk. Pl. Cr. b. 1, c. 27, s. 4. As he is beyond the reach of hu man laws, he cannot be punished. The Eng lish law, indeed, attempted to inflict a pun ishment by a barbarous burial of his body, and by forfeiting his property to the king; Hawk. Pl. Cr. c. 9 ; 4 Bla. Com. 189 ; but forfeiture in this species of felony, as in oth er kinds, has been wholly abolished by the Felony Act of 1870, 33 & 34 Vict. c. 23 ; 4 Steph. Com, 62 ; one who kills another at his request incurs the same guilt as if not re quested; 8 C. & P. 418 ; in Massachusetts, an attempt to commit suicide is not punish able, but one who, in attempting it, kills an other, commits an indictable homicide ; Com. v. Mink, 123 Mass. 422, 25 Am. Rep. 109; one who counsels a suicide which is committed in his presence is guilty as principal ; 8 C. & P. 418 ; State v. Ludwig, 70 Mo. 412 ; Com. v. Bowen, 13 Mass. 359, 7 Am. Dec. 154; Russ. & R. 523.