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Cultural and Societal Influences on Suicide and Its Prosecution

Authored By: Ankita Vijay Kamerkar

Lala Lajpatrai College of Law

Introduction:

The criminal offense of abetment to suicide refers to the act of encouraging, aiding, or assisting another person in taking their own life. In recent years, high-profile cases of abetment to suicide, particularly involving online harassment, coercion, or manipulative relationships, have raised significant legal and ethical questions about the scope of culpability. How cultures and societies define suicide and its prevention influences how they view those accused of abetting it. The prosecution of such cases is shaped not only by legal frameworks but by deeply ingrained cultural, societal, and ethical attitudes surrounding suicide, mental health, and the role of personal responsibility.

This article explores the cultural and societal influences that shape the prosecution of abetment to suicide, analyzing how different regions and social contexts treat these cases through the lenses of law, religion, gender, and public policy. Furthermore, it explores the implications of these cultural factors in shaping the legal landscape of suicide-related offenses, including both the role of the accused and that of the victim.

1. Cultural Attitudes Toward Suicide

Cultural views on suicide vary widely across different societies and significantly affect how acts of abetment are perceived and prosecuted. For example, in some religious or conservative cultures, suicide is considered an immoral or sinful act, which leads to more severe punishments for those found guilty of encouraging or assisting someone in ending their life. In other cultures, especially those that emphasize individual autonomy, suicide may be viewed through the lens of personal freedom, with legal consequences for abetment being less severe, especially when mental health is acknowledged as a factor.

  • Religious Influence:

    In Christianity and Islam: Suicide is generally condemned, as it is seen as a rejection of God’s gift of life. Similarly, Islam strictly forbids suicide, and any attempt to encourage or assist another person in taking their life is considered an egregious offence. In countries where these religions are dominant, such as in the Middle East and parts of Europe, cultural norms surrounding suicide are heavily influenced by these doctrines, leading to severe legal consequences for those found guilty of abetting suicide.

For example, in Pakistan, which has a large Muslim population, suicide is not only seen as a religiously forbidden act but is also subject to legal penalties. Cultural norms in Pakistan, based on Islamic teachings, strongly influence the prosecution of suicide-related crimes, with the government adopting an increasingly zero-tolerance approach to suicide facilitation.

Other Religious and Secular Contexts: In other religious contexts, such as Buddhist or Hindu communities, suicide is also considered undesirable but may not be as strictly forbidden. In Buddhist cultures, for instance, suicide may be viewed as a violation of the principle of non-harm, but it is not always regarded with the same severity as in Abrahamic faiths. Legal frameworks in such cultures may be more lenient toward abetment cases, often taking mental health and personal circumstances into account.

Example of Abetment to Suicide Prosecution:
In 2017, Michelle Carter was convicted of involuntary manslaughter in the United States after convincing her boyfriend, Conrad Roy III, to commit suicide via text messages. Carter’s case sparked widespread debate on the role of technology and communication in influencing vulnerable individuals, illustrating how societal attitudes toward suicide and mental health can shape legal outcomes.

Citations:

      • Pompili, M., et al. “Religious beliefs and suicide: A critical review.” International Journal of Social Psychiatry, 2006.

Eastern and Indigenous Perspectives:
Societies such as Japan, where ritual suicide (seppuku) was once practised as an honourable act to atone for personal or familial dishonour, demonstrate a historical context where suicide could have social and cultural implications that go beyond individual acts. Modern Japan, however, tends to view suicide in a more complex light, acknowledging the role of mental health in cases of suicide, though there remains significant societal stigma.

Citations:

        • Pomeroy, R. “Seppuku: The Practice of Samurai Suicide.” Journal of East Asian Studies, 1996.

2. Mental Health and Suicide:

Mental health is an essential factor in the discussion of abetment to suicide. Societies that recognize mental health challenges as legitimate causes for suicidal ideation are likely to take a more nuanced approach to prosecution, considering the psychological state of both the victim and the accused. In contrast, societies with less awareness of mental health issues may resort to criminal penalties for abetment, focusing on the act itself rather than the broader psychological factors involved.

Global Differences in Mental Health Awareness
In the United States and many European countries, there has been a growing recognition of mental health issues as central factors in suicide. Legal responses to abetment might be influenced by whether the accused knowingly acted with malicious intent or was themselves struggling with mental health issues.

Citations:

      • Muehlenkamp, J.J., & Gutierrez, P.M. “Risk Factors for Suicide in Adolescents.” International Journal of Mental Health and Addiction, 2007.

Cultural Stigma vs. Mental Health Advocacy
In some cultures, mental illness is highly stigmatized, which could either exacerbate the victim’s distress or lead to further criminalization of those accused of abetment. In these societies, a lack of proper mental health support or education might prevent a clearer understanding of the complex relationship between suicide, mental illness, and societal pressures.

Citations:

        • Ayed, M. “The Cultural Context of Suicide in Arab Countries.” Journal of Social Psychiatry, 2012.

Over the past few decades, there has been a significant shift in how societies view mental health and suicide. Mental health is no longer seen purely as a personal weakness but as a complex medical issue that requires societal intervention. This shift has affected the way legal systems treat abetment to suicide cases, as they increasingly focus on the psychological state of the accused and the victim.

In countries like the United States and Canada, where there has been a growing focus on mental health reform, the legal system may take into account the mental health status of both the person accused of abetting suicide and the victim. In these jurisdictions, prosecutors may focus on rehabilitation and psychiatric treatment rather than incarceration, reflecting the broader societal movement toward recognizing the need for psychological care in cases involving suicide.

Legal Framework and Abetment to Suicide Prosecutions

3. Legal Definitions and Approaches

Laws surrounding abetment to suicide vary significantly across countries. In some jurisdictions, there are clear legal provisions for prosecuting individuals who encourage or assist in a suicide. Other regions may struggle to apply existing laws, especially when considering the mental state of the accused and the victim.

Common Law vs. Civil Law Systems
In countries following the common law system (e.g., the UK, the United States), the concept of abetment is generally tied to the individual’s intent and the degree to which they were complicit in the act of suicide. In contrast, civil law countries (e.g., France, Germany) may treat abetment with more strict liability and may include psychological manipulation as a significant factor in prosecution.

Citations:

      • McGowan, J.D. “Common Law and Suicide: Legal Definitions and Liability.” Law and Society Review, 2004.

Sentencing and Penalties
The severity of punishment for abetment to suicide also depends on the local legal culture. Countries with stricter moral codes may impose harsher sentences, including long prison terms or capital punishment in some extreme cases. In contrast, more liberal jurisdictions may favour rehabilitation or restorative justice approaches over punitive measures.

Citations:

        • Camilleri, L. “The Penalty of Suicide and the Law: A Comparative Study.” International Journal of Comparative Law, 2010.

4. Gender and Socioeconomic Influence on Prosecutions:

The prosecution of abetment to suicide can be influenced by gender roles and socioeconomic status. In many societies, women have historically been portrayed as more vulnerable and emotional, which can impact how legal authorities approach cases where women are accused of abetting suicide. Furthermore, societal pressures related to gender expectations and class can shape the way both victims and perpetrators are treated.

Gender Dynamics in Suicide Cases
In cultures where traditional gender roles dominate, women may face different treatment when accused of abetting suicide compared to men. This could result in more lenient or harsher sentences depending on societal views of women’s roles in families and relationships.

Citations:

      • Banerjee, S. “Gender and Suicide: The Role of Social Expectations.” Psychology of Women Quarterly, 2006.

Socioeconomic Factors
Poverty and social marginalization often play significant roles in the mental health of individuals. The prosecution of abetment to suicide can be influenced by the socioeconomic background of the accused and the deceased, with wealthier individuals sometimes receiving more lenient treatment.

Citations:

        • Williams, M. “Economic Disparities and the Risk of Suicide.” Social Science & Medicine, 2010.

Public Perception and Media Influence

5. The Role of Media in Shaping Public Opinion

Media coverage of suicide-related cases, especially high-profile ones, can shape public opinion about the severity of the offence and influence legal proceedings. In some cases, sensationalist reporting might escalate public pressure for harsh penalties, while in others, a more compassionate portrayal may lead to calls for mental health reforms and more lenient approaches to prosecution.

Media Sensationalism vs. Advocacy
The way the media portrays suicide and abetment to suicide can either contribute to the demonization of the accused or promote understanding. Recent media attention has raised awareness of cyberbullying and online harassment as forms of abetment, contributing to changes in the way laws address digital platforms’ involvement in suicide cases.

  • Over the past few decades, there has been a significant shift in how societies view mental health and suicide. Mental health is no longer seen purely as a personal weakness but as a complex medical issue that requires societal intervention. This shift has affected the way legal systems treat abetment to suicide cases, as they increasingly focus on the psychological state of the accused and the victim.

In countries like the United States and Canada, where there has been a growing focus on mental health reform, the legal system may take into account the mental health status of both the person accused of abetting suicide and the victim. In these jurisdictions, prosecutors may focus on rehabilitation and psychiatric treatment rather than incarceration, reflecting the broader societal movement toward recognizing the need for psychological care in cases involving suicide.

Citations:

      • Paul, A. “Media’s Influence on Suicide Prevention and Perception.” International Journal of Communication, 2015.

Conclusion

Cultural and societal influences on the prosecution of abetment to suicide are multifaceted and complex. Legal systems around the world reflect varying degrees of understanding, compassion, and stigma when it comes to suicide, mental health, and the roles that others may play in abetting it. While some cultures emphasize strict punishment and personal responsibility, others are beginning to recognize the importance of mental health support and public education as integral components of suicide prevention. As societal attitudes continue to evolve, it is likely that legal frameworks will adapt to better reflect these changes, promoting a more comprehensive, compassionate, and nuanced approach to addressing abetment to suicide.

Reference(S):

  1. Pompili, M., et al. “Religious beliefs and suicide: A critical review.” International Journal of Social Psychiatry, 2006.
  2. Pomeroy, R. “Seppuku: The Practice of Samurai Suicide.” Journal of East Asian Studies, 1996.
  3. Muehlenkamp, J.J., & Gutierrez, P.M. “Risk Factors for Suicide in Adolescents.” International Journal of Mental Health and Addiction, 2007.
  4. Ayed, M. “The Cultural Context of Suicide in Arab Countries.” Journal of Social Psychiatry, 2012.
  5. McGowan, J.D. “Common Law and Suicide: Legal Definitions and Liability.” Law and Society Review, 2004.
  6. Camilleri, L. “The Penalty of Suicide and the Law: A Comparative Study.” International Journal of Comparative Law, 2010.
  7. Banerjee, S. “Gender and Suicide: The Role of Social Expectations.” Psychology of Women Quarterly, 2006.
  8. Williams, M. “Economic Disparities and the Risk of Suicide.” Social Science & Medicine, 2010.
  9. Paul, A. “Media’s Influence on Suicide Prevention and Perception.” International Journal of Communication, 2015.

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