Quote from: Andrea on November 28, 2012, 08:41:09 PM
So there is a way for a DWD patient to end their life in a non-DWD state.
Is that concrete evidence that a real dead body was used in the hoax? I realize that a DWD patient would be the best option to get a corpse for the hoax but the ability to attain one isn't proof that it was done. I still don't see the NEED for a real dead body, based on the evidence we have of the actions of those who had contact with the body.
There has been more support for the corpse theory in the last month than ever, I think. What am I not understanding? :computer-losy-smiley:
:icon_neutral:
I think she was just making a comment more then anything.
When I was writing all those posts about debunking DWD patient, I kept tripping over how to explain it because it's difficult.
See, suicide isn't against the law in very many states (and it's not in California)... for obvious reasons. I mean, how do you hold someone accountable for suicide? If they successfully commit the act, they die. If they do not successfully commit the act then they are only guilty of attempted suicide... and that's not a crime either.
So you can call it whatever you want; DWD, suicide, choosing to control the time and manner of which one's own death; regardless, someone kills them selves you have to define it somehow. Suicide is technically correct.
That's not the issue. You can kill yourself and not worry about suffering legal consequences. (well other then life insurance payouts n other death benefits possibly being withheld, but that's Off Topic for our purposes of debate)
Ironically, with suicide, in legalities as much as with emotions, it's the one's who get left behind that will suffer.
(Again, I'm not a lawyer, not even close, this is just how the law reads, and how it's been applied by the courts in CA.)
Because DWD is not legal in CA, and the CA penal code specifically lays out how the state law considers a second party's knowledge of or encouragement for suicide, it would be illegal for MJ and AEG (or equivalent--whoever is the production company working with MJ) to use a DWD patient to help MJ fake his death. They would already be guilty of failure to report, encouraging suicide, facilitating a suicide: essentially aiding and abetting a suicide. These are felony crimes.
It's not a crime because someone died, the dead person and their estate will not be charged, nor will the out of state doctor who prescribed the Rx be charged either. That's not the crime. The crime is the idle bystanders who are anticipating the death and are keeping it a secret, worse, (as it could be easy alleged) with intention to profit from it. It's a crime because in this scenario, they (MJ, Murray, and AEG) encouraged and aided someone to die and kept secret from law enforcement that someone was planning to die, and that person did subsequently end their own life. In California, basically, if you know someone is sincerely planning to commit suicide, you have a duty to at least report it to emergency services. Further, you have an additional duty to NOT do or say anything that might encourage a suicidal person to act. If you do somehow encourage, facilitate, or aid the suicidal person, and the person succeeds (dies), you can and will be charged with a felony in the state.
It wouldn't matter if MJ and Murray left the room while the person actually ingested the meds. Their actions up until that point, and the subsequent death of the patient are what makes them guilty of aiding and abetting a suicide in the eyes of CA law. It doesn't matter how the patient himself sees it, or how we see it, the law in CA sees it as a felony for anyone to aid or abet a suicide.
Conversely, in WA or OR, people can openly attend the last moments of a DWD's life, know about it ahead of time (no duty to report), and help make it a positive experience for a person seeking end of life council and support without being subject to prosecution by law enforcement. It happens in other states (suicide by hospice patients), certainly, but it's done very hush hush and people have to hide and lie. Laws regarding suicide similar to the one in California are why. The California statute is specific in how it views witnesses (friends and family usually) involved with DWD-type decisions, and it is particularly rigid.
This is what makes Point #1 against dead body point #1, but it's also the hardest thing to explain, for me, somehow. I always end up with a novel.
Ps. You guys are all so sweet with your nice posts to me about the lists. My reply is it was my pleasure entirely, I am at your service. Everyone who pm'ed me and contributed, thank you again.