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2019 Rutgers U. L. Rev. Comments. 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].


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