CDZ Woman charged with boyfriend's suicide

To voluntarily, knowingly, and willingly engage in a pattern of speech to encourage a mentally ill person to hurt or kill himself is actionable under the law.
 
To voluntarily, knowingly, and willingly engage in a pattern of speech to encourage a mentally ill person to hurt or kill himself is actionable under the law.


Both free speech and religion took it up rear on this one.
She and most likely he believed he would go to heaven, hence the religous element the courts have no 'legitimate' jurisdiction or authority to adjudicate.

Next she has the right to free speech and as disturbing as that may be again the state has no 'legitimate' jurisdiction or authority to adjudicate.

Nope cant think of any scenario to charge her with that does 'NOT' destroy our rights.

The state and courts are under no obligation to protect anyone, there are plenty of cases to the effect, and if anyone here thinks they are be my guest and rty suing da gubmint for failure to protect you and see where it gets you.
 
Oh, so the guy was going to kill himself eventually anyway judge, he was a right wing nutjob. Oh, okay Joe. You did good. Lol!

You are the one drawing crazy analogies... not me.

Instructions on how to kill yourself is not illegal! You may wish to visit the hemlock society for their books on the subject as proof.
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If the Hemlock society was goading people into it, they might have an issue. You might want to check with Jack Kevorkian on how well that defense works.
 
To voluntarily, knowingly, and willingly engage in a pattern of speech to encourage a mentally ill person to hurt or kill himself is actionable under the law.


Both free speech and religion took it up rear on this one.
She and most likely he believed he would go to heaven, hence the religous element the courts have no 'legitimate' jurisdiction or authority to adjudicate.

Next she has the right to free speech and as disturbing as that may be again the state has no 'legitimate' jurisdiction or authority to adjudicate.

Nope cant think of any scenario to charge her with that does 'NOT' destroy our rights.

The state and courts are under no obligation to protect anyone, there are plenty of cases to the effect, and if anyone here thinks they are be my guest and rty suing da gubmint for failure to protect you and see where it gets you.
Weak argument. You have no free speech or religious right to voluntarily, willingly, and knowingly encourage another person to suicide. None.
 
I believe the charge us correct in this case. If the information in the article is correct, then she conspired with her boyfriend to convince him go kill himself. Conspire is my word. If she had talked her boyfriend into killing someone else in a similar way as she talked him into committing suicide, there would be no question in charging her with murder or conspiracy to murder. She would be an accessory to murder. The difference is that her boyfriend committed suicide, so he murdered himself rather than someone else.

So do you also feel that if a person tries to commit suicide and fails that the person should be charged with attempted murder?
From a technicality perspective, yes. From a practicality perspective, no. An otherwise healthy person who attemps suicide needs psychological help, not criminal prosecution.

I don't agree at all. Body autonomy. The government should not be able to dictate what you can do to yourself if you are an adult anyways. Agree or disagree?
I agree to a point. If suicide were legal, then the girlfriend should not be prosecuted for convincing her boyfriend to legally commit suicide. In fact, if we agree to the mindset that adults should be free to commit suicide, then the girlfriend should not be stigmatized at all. What's the big deal if the BF killed himself......it's his decision that he is free to make.

Most of society does not beleive that way. An otherwise health person that wants to commit suicide in most cases is mentally ill and needs help.
 
Legal definition of accessory

Also found in: Dictionary, Thesaurus, Medical, Acronyms, Idioms, Encyclopedia, Wikipedia.
Accessory

Aiding or contributing in a secondary way or assisting in or contributing to as a subordinate.

In Criminal Law, contributing to or aiding in the commission of a crime. One who, without beingpresent at the commission of an offense, becomes guilty of such offense, not as a chief actor, but as aparticipant, as by command, advice, instigation, or concealment; either before or after the fact orcommission.

One who aids, abets, commands, or counsels another in the commission of a crime.

In common law, an accessory could not be found guilty unless the actual perpetrator was convicted. Inmost U.S. jurisdictions today, however, an accessory can be convicted even if the principal actor is notarrested or is acquitted. The prosecution must establish that the accessory in some way instigated,furthered, or concealed the crime. Typically, punishment for a convicted accessory is not as severe asthat for the perpetrator.

An accessory must knowingly promote or contribute to the crime. In other words, she or he must aid orencourage the offense deliberately, not accidentally. The accessory may withdraw from the crime bydenouncing the plans, refusing to assist with the crime, contacting the police, or trying to stop the crimefrom occurring.

An accessory before the fact is someone behind the scenes who orders a crime or helps anotherperson commit it. Many jurisdictions now refer to accessories before the fact as parties to the crime oreven accomplices. This substitution of terms can be confusing because accessories are fundamentallydifferent from accomplices. Strictly speaking, whereas an Accomplice may be present at the crimescene, an accessory may not. Also, an accomplice generally is considered to be as guilty of the crimeas the perpetrator, whereas an accessory has traditionally received a lighter punishment.

An accessory after the fact is someone who knows that a crime has occurred but nonetheless helps toconceal it. Today, this action is often termed obstructing justice or harboring a fugitive.

An infamous accessory after the fact was Dr. Samuel A. Mudd, the physician and Confederatesympathizer who set John Wilkes Booth's leg after it was broken when the assassin jumped fromPresident Abraham Lincoln's box at Ford Theater. Despite Mudd's protestation of innocence, he wastried and convicted as an accessory after the fact in Lincoln's murder. He was sentenced to lifeimprisonment at Fort Jefferson in the Dry Tortugas off Key West, Florida. President Andrew Johnsonpardoned Mudd in 1869, and the U.S. Congress gave him an official pardon in 1979.

Further readings
Berg, Alan. 1996. "Accessory Liability For Breach of Trust." Modern Law Review 59 (May): 443-453.

Blakey, Robert G., and Kevin P. Roddy. 1996. "Reflections on Reves v. Ernst & Young: Its Meaning andImpact On Substantive, Accessory, Aiding Abetting and Conspiracy Liability Under RICO." AmericanCriminal Law Review 33: 1345-1702.

Huett, Lisa. 2001. "Could You Be an Accessory? Uncertainty and Risk For Lawyers." Law InstituteJournal 75 (March).

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
 
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The text messages, as submitted to the grand jury reveal that, at the earliest, the defendant and the decedent began having discussions about suicide in June of 2014. In fact, there are deleted text messages conversations between the decedent and an unnamed party (presumably the defendant) in which the unnamed party pleads with the decedent not to commit suicide and to seek help. For example:
6/19/14: Unnamed Party: “Are you 100% positive that you’re never gonna commit suicide? Be honest with me. Do you think about doing it?”

Conrad Roy: “No I’m not”

Unnamed Party: “Promsie me” (See Grand Jury Exhibit #4, DVD: page 3,310 of “Report Conrad ROY’s phone.pdf”)
6/21/14 Unnamed Party: “I wanna hang out with you to show you how amazing you really are”

Unnamed Party: “But it’s sooooo eaarrlyyyyy.”

Conrad Roy: “it’s controlling me like mr mind just wants me to give up but I know I can’t” Unnamed Party: “What’s the reason your holding on? Like what’s the thing that’s preventing you from giving up?”

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Conrad Roy: “my family”
Conrad Roy: “you and people that care about me”
Unnamed Party: “It’s time to start living your life for you, not just for them. Right now your just existing, you aren’t living. I wanna help you live again” (See Grand Jury Exhibit #4, DVD: page 3,308 of “Report Conrad ROY’s phone.pdf”)

6/23/14 : Conrad Roy: “No one is going to give my confidence, no one will give me strength, no one will give me preservance, no one can make me feel smart, funny or cool. No one fah help me but me but I don’t believe In myself so I’m stuck”

Unnamed Party: “You only believe no one will give you all that because you don’t let yourself open up to the help people are trying to give you”

Unnamed Party: “You just automatically think no one can help you and nothing will work. You never really give yourself a chance to heal and get better” (See Grand Jury Exhibit #4, DVD: page 3,487 of “Report Conrad ROY’s phone.pdf”)

Then, even after this unnamed party, presumably the defendant, pleads with him to seek help and to not take his life, the decedent makes it clear in subsequent texts that he has already made the decision – on his own – to commit suicide.

6/29/14 : Unnamed Party: “But the mental hospital would help you. I know you don’t think it would but I’m telling you, if you give them a chance, they can save your life”

Unnamed Party: “Part of me wants you to try something and fail just so you can get help”

Conrad Roy: “It doesn’t help. trust me”
Unnamed Party: “So what are you gonna do then? Keep being all talk and no action and everyday go thru saing how badly you wanna kill yourself? Or are you gonna try to get better?”

Conrad Roy: “I can’t get better I already made my decision.” (See Grand Jury Exhibit #4, DVD: page 3,286 of “Report Conrad ROY’s phone.pdf.”) (Emphasis added.)
Then in a follow-up, undeleted text message conversation with the named defendant:
7/7/14 Conrad Roy: “if you were in my position. honestly what would you do”
Michelle Carter: “I would get help. That’s just me tho. When I have a serious problem like that, my first instinct is to get help because I know I can’t do it on my own”
Conrad Roy: "Well it's too late I already gave up"

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(See Grand Jury Exhibit #4, DVD: page 3,439 of “Report Conrad ROY’s phone.pdf”) The text messages further reveal that the decedent came up with the idea to kill himself via carbon monoxide by a portable generator. (See Grand Jury Exhibit #4, DVD: page 3,438 “Report Conrad ROY’s phone.pdf”: “portable generator that’s it”) The grand jury minutes also reveal how he alone attempted to purchase and find a portable generator before taking one from his father’s house that he ultimately used in the commission of his own suicide. (See Grand Jury Exhibit #4, DVD: pages 3,237 to 3,240 of “Report Conrad ROY’s phone.pdf”) At no time does the evidence reveal that the defendant provided the decedent with the means to kill himself or “placed” or “put” him in a life threatening situation. It reveals the opposite: the decedent’s long term thoughts, planning and acts towards the commission of his suicide were all of his own volition and creation. When the decedent committed the final acts towards his suicide by driving to a parking lot, bringing the portable generator, and then running the generator, he was by himself while the defendant was not present and was presumably far away in an unknown location using a phone. While the defendant revealed in a subsequent text message conversation to her friend, Samantha Boardman, how she allegedly told the decedent “to get back in” after he got “out of the car”, the evidence does not show any physical act by the defendant, “placing” or “putting” the decedent back in the vehicle. Again, if anything, it reveals only the opposite conclusion: by securing a portable generator, driving to a parking lot, starting the generator and placing himself in the vehicle, the decedent created his own peril that ultimately lead to his death.

She didn't have a "duty to act"
Defense motion to dismiss | Vagueness Doctrine | First Amendment To The United States Constitution
 
I've thought about this off and on throughout the day, and I am still against charging this woman with any crimes. She didn't break any laws that I'm aware of, and she certainly didn't kill anyone.
 
I've thought about this off and on throughout the day, and I am still against charging this woman with any crimes. She didn't break any laws that I'm aware of, and she certainly didn't kill anyone.
What she did fits the legal definition of accessory. People get convicted of being accessories to crimes all the time with out physically taking part in the crimes.
 
I've thought about this off and on throughout the day, and I am still against charging this woman with any crimes. She didn't break any laws that I'm aware of, and she certainly didn't kill anyone.
What she did fits the legal definition of accessory. People get convicted of being accessories to crimes all the time with out physically taking part in the crimes.

I disagree, and I don't think she was an accessory at all. She said things like the time is right and you should just do it now.
 
She was definitely not an accessory as she was nowhere near the scene.
Read post 110. An accessory does not have to be at the scene.

She isn't being charged as an "accessory." She is being charged with involuntary MANSLAUGHTER.
True. Maybe they should charge her with being an accessory instead of manslaughter. Regardless of what they call it, their case will be to show that she was an accessory in convincing her boyfriend to commit suicide.
 
She was definitely not an accessory as she was nowhere near the scene.
Read post 110. An accessory does not have to be at the scene.

She isn't being charged as an "accessory." She is being charged with involuntary MANSLAUGHTER.
True. Maybe they should charge her with being an accessory instead of manslaughter. Regardless of what they call it, their case will be to show that she was an accessory in convincing her boyfriend to commit suicide.

He had already planned it and he was suicidal before he even met this girl.
 

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