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2019 Rutgers Univ. L. Rev. Commentaries 101 (2019)

handle is hein.journals/rgsusty2019 and id is 1 raw text is: SUICIDE ENCOURAGEMENT: A HOMICIDE OFFENSE BASED ON THE DOCTRINE OF UNDUE INFLUENCE Anthony G. LoBrace* I. INTRODUCTION ...................................................................................... 101 II. CURRENT JUDICIAL AND LEGISLATIVE APPROACHES.......................... 103 III. A USEFUL COMPARISON..................................................................... 106 IV. UNDUE INFLUENCE: A NEW CONCEPTUAL FRAMEWORK................... 108 IV. CONCLUSION.................................................................................. 112 I. INTRODUCTION Conrad Roy, an eighteen-year old high school student from Massachusetts, tried on several occasions to kill himself.1 After each suicide attempt, Roy reached out to someone that he trusted for help.2 Michelle Carter, one such confidante, was a friend who Roy met while one vacation. The relationship later became romantic even though their interactions were almost exclusively confined to electronic communication.3 Roy confided in Carter that he had struggled with mental illness and that he was contemplating another suicide attempt.4 Unfortunately for Roy, his trust in Carter was misplaced. Instead of offering emotional support, Carter actively encouraged Roy to kill himself * Faculty Advisor: Professor Reid K. Weisbord. Senior Notes & Comments Editor: Erin Hodgson 1. Jesse Barron, The Girl From Plainville, ESQUIRE (Aug. 23, 2017), http://www.esquire.com/news-politics/a57125/michelle-carter-trial/; Commonwealth v. Carter, 115 N.E.3d 559, 562 (Mass. 2019). 2. See Carter, 115 N.E.3d at 562. 3. Id.; Barron, supra note 1. 4. Text Messages between Michelle Carter and Conrad Roy (June 1, 2014-Sept. 21, 2014) https://htv-prod-media.s3.amazonaws.com/files/carter-exhibit-30-1497356322.pdf [hereinafter Carter-Roy Texts], at June 21, 2014, 11:48-11:50 AM; July 1, 2014, 10:56 PM. Carter described Roy as suicidal and [having] severe depression and social anxiety, who she was responsible for keeping alive basically. Text Messages between Michelle Carter and Samantha Boardman, June 22, 2014, 8:51 PM, https://htv-prod- media.s3.amazonaws.com/files/sam-boardman-1497289698.pdf [hereinafter Carter- Boardman Texts]. 101

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