Also known as:felo de se · felon de se · felo-de-se · felon-de-se · suicide
Written by attorneys · grounded in primary & secondary sources — see below
The intentional act of ending one's own life. The term encompasses both completed acts and attempts that expose the actor to criminal or civil consequences under applicable law.
Sources & Authorities
How it applies
Common Examples
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Nurse Prevents Patient Suicide Attempt
Farid Farahani, delirious after surgery, threatened to jump from his hospital window. Nurse Faith Fitzgerald locked the window and door to stop him. Farid later sued for false imprisonment. The emergency circumstances justified the restraint without consent, so Faith faced no liability.
Insanity Defense After Suicide Pact
Felicia Fuentes killed her terminally ill partner under a mutual suicide agreement and then attempted her own death. At trial she raised an insanity defense. The court examined whether her mental condition at the time of the acts negated criminal responsibility.
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Cases
Model Codes
Restatements
Dictionaries
Durham v. United States214 F.2d 862, 874–75 (D.C.Cir.1954)
Confession After Failed Suicide
Forrest Falconer attempted suicide by overdose and survived. While hospitalized he confessed to police about a prior crime. The court assessed whether the confession was voluntary despite his weakened physical and mental state following the attempt.
Colorado v. Connelly479 U.S. 157, 169-70, 107 S.Ct. 515, 523, 93 L.Ed.2d 473, 486 (1986)
Competency Hearing Before Execution
Felicity French was sentenced to death. After she attempted suicide in prison, her lawyers challenged her competency to be executed. The court evaluated whether her mental state rendered her unable to understand the punishment or its purpose.
Ford v. Wainwright477 U.S. 399 (1986)
Grandparent Visitation After Parent Suicide
Fiona Foster's daughter died by suicide, leaving two young children. The maternal grandparents sought visitation rights over the surviving parent's objection. The court weighed the parent's fundamental liberty interest against the children's best interests.
Troxel v. Granville530 U.S. 57 (2000)
Attorney Notes After Client Suicide
Fusion Power's general counsel died by suicide shortly after giving legal advice on a regulatory matter. Prosecutors subpoenaed the law firm's notes of those conversations. The firm asserted that the attorney-client privilege survived the client's death.
Swidler & Berlin v. United States524 U.S. 399 (1998)
Common questions
Frequently Asked
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What does felony-de-se mean in modern legal usage?+
It is an archaic term for the act of taking one's own life. Modern statutes and cases refer to suicide or self-killing rather than the Latin phrase.
Does a person who prevents a suicide attempt incur tort liability?+
No. A privilege exists to use reasonable force without consent when circumstances reasonably indicate an imminent risk of self-harm, as illustrated by emergency interventions to stop apparent suicide attempts.
How does a prior suicide attempt affect an insanity defense?+
Evidence of a suicide attempt may be relevant to the defendant's mental state at the time of the charged conduct and can support or undermine an insanity claim depending on the surrounding facts.
Can statements made after a suicide attempt be suppressed as involuntary?+
A post-attempt confession is admissible if it was voluntary under the totality of circumstances. The attempt itself does not automatically render later statements involuntary.
Does a suicide attempt after sentencing affect competency to be executed?+
The attempt may trigger a competency hearing to determine whether the prisoner currently understands the nature and purpose of the death sentence.
410 U.S. 113 (1973)Constitutional Law
…Oath was not uncontested even in Hippocrates' day; only the Pythagorean school of philosophers frowned upon the related act of suicide. Most Greek thinkers, on the other hand, commended abortion, at least prior to viability. See Plato, Republic, V, 461; Aristotle, Politics, VII, 1335b 25. For the Pythagoreans, however, it…