@Linkat,
I'm with Krumple and the ACLU. I think this is a terrible decision, and opens the door for an expansion of prosecution and persecution based on speech alone.
Although I think this young woman was as mentally and emotionally troubled as the young man who took his life, I can understand why some would consider what she did to be terrible,
but to repeat, he took his life, she didn't.
The notion that she somehow forced him back into the truck with words alone is, in my opinion, a distortion of reality intended to facilitate a very harsh response to a behavior that is not illegal but, understandably, considered to be unconscionable.
If a governmental representative(s) of MA citizens wants to create a law that specifically prohibits people from encouraging suicide, it should be drafted, passed in the legislature and then tested in court. Instead the judge manipulated an existing statute that was never intended to address this situation, so that it could be applied to behavior he and a great many people think is reprehensible.
There is no way of knowing if the three words "Get back in" somehow overrode the young man's instinct for survival (and if it did, was someone just convicted for the crime of
mind control?) or even had any influence on his decision to go through with the suicide. If the process of him getting out of the truck and her telling him to get back in had been repeated multiple times, I still wouldn't agree the verdict was correct, but at least there would have been more evidence to support the notion that he didn't really want to take his life and would not have, but for her "commands."
She was convicted of
involuntary manslaughter and the judge relied on a finding that the three words constituted the ‘‘wanton and reckless conduct’’ required by the statute. In announcing his verdict he revealed his true belief that this wasn't ‘‘wanton and reckless conduct," and she wasn't guilty of
involuntary manslaughter, she was guilty of at least
voluntary manslaughter and perhaps first degree murder. How can encouraging someone to kill themselves, in the manner in which Carter did, be seen as anything but her
intending to influence him to go through with his suicide plan and die? That her encouragement had been going on for some time and carried through to the day he killed himself, hardly suggests a spontaneous action. There is no reason to believe she wasn't deadly serious in her encouraging him to kill himself so how could it have been
wanton or reckless conduct?
There may be, but I don't believe there are any Massachusetts statutes that impose a duty, the breach of which would subject a person to criminal penalties, on anyone to either not encourage someone else to kill themselves or to intervene in a suicide attempt. If there were, this case would be far less controversial. Again, the MA legislature can create such a statute if they deem it to be in the best interest of Mass. citizens. They did not and I'm sure this incident was not the first time anyone in MA thought about the responsibility of someone encouraging suicide or not preventing it.
I would like to read or hear the full text of the judge's ruling, as I can't understand why he wouldn't have taken Roy's prior suicide attempts into consideration. He seems to have found that the three words "Get back in" were more the cause of Roy's death than the young man's expressed desire to kill himself, his setting up a means to do so, and his utilizing those means that ultimately did kill him.
Doesn't anyone else find it difficult to reconcile the assumption that Roy, despite all of his statements and his prior suicide attempts, really wanted to live and would have, if not for the compulsion driven by three words from Carter? Doesn't the difficulty in reconciling these two things create at least a
reasonable doubt about her guilt, even if you can get past the misapplication of the statute?
I can easily imagine why the parents of this young man would prefer to think that their son died because of the actions of someone else, and not because, for whatever reason, he wanted to die and leave heartbroken loved ones behind. As noted, I can also imagine why people might see Carter as a some cruel creature without a soul or conscience and wish to inflict punishment on her, but our criminal justice system is based on codified law, not simply the sense of people or judges as to what is right and wrong, and who should be punished for the latter.
These cases also don't stand alone as judicial islands, affecting only the people who have specifically been involved in them. A judge's decision establishes precedent which in turn makes similar decisions easier for other judges to make in different cases involving different people. Decisions that break new legal ground are a big deal because they can and often do lead to decisions other judges would not have made without the precedent established by the ground breaking judge. When a decision is based on very clear and specific statutory language that matches the case's fact pattern very closely, the impact of the precedent established will be very limited and thus, far less perilous if it is a flawed stone upon which other judges may construct their own wide ranging decisions. Appeals are heard almost as much for the desire to eliminate precedent that is seen as flawed and dangerous, as the need to see justice served in a given case. This decision will be appealed for both reasons and my hope and prediction is that it will be overturned