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If a person trying to kill himself but fail and taken to the hospital.Is there legal charge on him ?

2006-08-12 09:53:55 · 12 answers · asked by jemalali1 1 in Politics & Government Law & Ethics

12 answers

There can be, depending on the state penal code where the attempted suicide occurred, and the balls of the district attorney.

In New York State, you can be prosecuted for trying to kill yourself (attempting suicide) and the DA makes the call whether to prosecute the offender or not.
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New York State's significant power to prevent suicide and uphold the sanctity of life is most directly evidenced by certain provisions of the Penal Law. For example, pursuant to subdivision (3) of section 125.15 of the Penal Law, "[A] person is guilty of manslaughter in the second degree when he intentionally causes {or aids another person to commit} suicide."

Also, according to section 120.30, "[A] person is guilty of promoting a suicide attempt when he intentionally causes {or aids another person} to attempt suicide," which is punishable as a class E felony.

Most significantly, section 35.10, subdivision (4) of the Penal Law states that "[A] person acting under a reasonable belief that another person is about to commit suicide or to inflict serious physical injury upon himself may use physical force upon such person to the extent that he reasonably believes it necessary to thwart such result."

There cannot be a more explicit statement of the principle that there is no statutory right to commit suicide, attempt suicide, or refuse to be treated after such an attempt. The implications of such a direct endorsement of the ability of the State to use whatever physical force is necessary to prevent an act of suicide are overwhelming.

This law not only empowers doctors and staff of mental hygiene facilities and general hospitals to prevent suicide, but any ordinary citizen in the State of New York can lawfully intervene in an attempt, using force reasonably believed to be necessary, to prevent an individual from taking his or her own life. This intervention necessarily and logically includes the authority to medically treat against his or her will an individual who has attempted suicide.
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AND YOU ALL THOUGHT NEW YORK WAS FULL OF LIBERALS, EH?

2006-08-12 10:51:14 · answer #1 · answered by loaferpost 3 · 0 0

Depends on the state. Alot of times they aren't charged but instead placed on an "Involintary Comentment Court Order". It's a request made by someone infront of a Judge. The judge determines if the person is a danger to themselves or others. That person is then put into a mental facility for observation and counsoling. Some states might make that charge. Some states may not.

2006-08-12 09:57:30 · answer #2 · answered by mavrickatasu 2 · 0 1

not always. it's a law on the books in the usa, but not always imposed or enforced. it's a stupid law, a retarded law, and should be stricken from the books forever. the only real "law" broken should be the religious issue, and that's only between that person and God. if a person tried to kill him or herself, and injured someone else in the process, that's a totally different issue and should be dealt with accordingly. most venues will not impose a criminal charge against those who attempt suicide and fail.

2006-08-12 09:59:00 · answer #3 · answered by vrandolph62 4 · 0 1

Usually, there are no criminal charges filed, however, there is a caveat. A court-ordered stint at a psych facility will go on his record. It will affect his ability to own firearms, gain certain permits and may even affect his ability to get some jobs

2006-08-12 10:18:07 · answer #4 · answered by kermiedfrog22553 2 · 0 0

Suicide in the 2nd Degree

2006-08-12 09:55:52 · answer #5 · answered by TastelessFish 3 · 0 0

Don't do that dude. I tried.

If you need some help from some one who has been there done that just email me.

2006-08-12 10:00:16 · answer #6 · answered by Anonymous · 0 0

.Yes
Not sure of terminlogy used for charge.
Result is they try to get you help and find out why.

2006-08-12 09:58:24 · answer #7 · answered by witchfromoz2003 6 · 0 0

yeah attempted murder(suicide)

2006-08-12 09:55:35 · answer #8 · answered by Anonymous · 0 0

Not if your successful

2006-08-12 09:56:03 · answer #9 · answered by Thomas H 4 · 0 0

yes attempted suicide is illegal

2006-08-12 09:56:25 · answer #10 · answered by Neil G 6 · 0 0

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