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The Supreme Court of Mbadachusett confirmed on February 6 the conviction for manslaughter of a woman accused of inciting her boyfriend to commit suicide in 2014 (Video: Reuters)
In 2017, Michelle Carter was convicted of manslaughter for persuading her boyfriend, through SMS, to commit suicide.. She appealed the decision, but her conviction was upheld on Wednesday by the Mbadachusetts Supreme Court.
In a decision written by Justice Scott L. Kafker, the court stated that "the evidence was sufficient to support the judge's decision. the defendant, no doubt reasonable, committed manslaughter as a young offender. "
"Because of her reckless behavior, she caused the death of the victim by suicide" concluded the sentence. "His conviction for manslaughter as a young offender is neither legally nor constitutionally justified."
Carter's lawyer, Daniel N. Marx, said in a statement to The Washington Post they envisioned other legal options, including a possible appeal to the US Supreme Court.
"We are disappointed with the decision of the Court, which adopts a text which, in our opinion, will not support the evidence. We continue to believe that Michelle Carter did not cause the tragic death of Conrad Roy and that she should not be held criminally responsible. by his choice to end his own life, "said Marx.
Carter, 22, and the victim, Conrad Roy III, met in 2012, according to court documents. They maintained their relationship through text messages and often discussed mental health issues. Roy had already tried to commit suicide and Carter had planned to seek treatment for a disorder of eating.
In the beginning, Carter urged Roy to ask for help, but "while the victim was still searching for methods of suicide and communicating his findings to the accused, this helped her plan how, where and when she would, minimizing the fears that her fears could affect her family. " wrote to the court, citing several messages they exchanged.
"I thought you wanted to do that, it's the right time and you're ready, you just need to do it!" Carter wrote to Roy in one of the posts, in July 2014, when he had doubts about suicide. They discussed methods, including carbon monoxide poisoning.
On July 13, 2014, Roy's body was found in a car on a parking lot in Mbadashusetts. He died of an inhalation of carbon monoxide this was produced "by a gas pump located in the truck," the decision said.
In September 2014, Carter sent a message to a friend while writing "His death is my fault because I honestly could have stopped himI was on the phone with him and he got out of the car because it was working and he got scared and I told him to go back. "
He was 18 when he died. Carter was 17 years old at the time.
Three years later, Carter was found guilty of involuntary manslaughter for Roy's death. Her case depended on the SMS that she was sending when he was planning to commit suicide and that she had not tried to prevent her from committing suicide. She was sentenced by Bristol County Juvenile Court Judge Lawrence Moniz, to two and a half years of imprisonment but could benefit from a probation after 15 months and will be allowed to stay free while appealing the decision, as reported CBS News.
It was very often a case, not only because of its surprising details, but also because of the legal implications of Carter's conviction.
After the conviction, Laurie Levensor, a professor of criminal law at Loyola Law School in Los Angeles, said The Washington Post What the case makes it clear that there are "new ways to commit old crimes" and prosecutors will likely attend more to this type of business. She explained that she did not create a legal precedent but that she asked the question, "When does intimidation cross the border to become a homicide?"
The concern of the American Civil Liberties Union has increased with respect to the big implications of Wednesday's decision.
"It is undeniable that Conrad Roy's suicide is tragic, but by confirming the condemnation of Michelle Carter, the Supreme Court has granted prosecutors extensive and indefinite powers that reduce the rights of expression of all in Mbadachusettssaid legal director Matt Segal in a statement.
"The Court's decision tells prosecutors that they can lay charges against individuals on the basis of arbitrariness and subjective determinations of what the word is noble and what is criminal, "continued Segal.
"This fiscal power will cool important and endearing discussions about the end of life between family members and This could lead to unjustified convictions of children engaging in imprudent activities and juvenile conversations with their friends. The Court's guarantee that its opinion will not criminalize another speech does not change this inevitable result. "
Marx expressed similar sentiments on Wednesday when he said The Washington Post What the decision "extended the law" and has "disturbing implications for freedom of expressiondue process and exercise of the prosecutor's discretion ".
In upholding the conviction on Wednesday, the court ruled that Carter's badertion that his conduct was protected by the First Amendment, among other defenses, "was unfounded".
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