Ronnie Joe Neal, who got to Texas’s Death Row by committing a particularly heinous sex murder, says Bexar County jailers didn’t act speedily enough to save him after he attempted suicide by downing 50 prescription tablets. So he wants $35 million in his civil rights lawsuit, in which he’s represented by attorney James Myart. (Ken Rodriguez, “Alamo Heights teacher’s killer wants $35 million worth of ‘justice'”, San Antonio Express-News, Apr. 21). Similar: Apr. 17.
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There is no scientifically valid evidence that suicide or suicide attempts can be prevented. Most are associated with the impulsivity of a mental illness. In half the cases, the patient is intoxicated anyway.
Let’s assume there is disagreement about the preventability of suicide, and there could be found ways to reduce its frequency.
http://www.johnhoward.ab.ca/PUB/C41.htm
The court is not the place to settle scientific controversy. More outside scientific data are needed. A court’s asserting otherwise violates the fair hearing portion of procedural due process rights of the defendant.
From the obverse of the coin, physical or other restraint of the suicidal patient in the absence of an involuntary commitment granted by a judge may violate the substantive due process rights of even a prisoner. The prison sentence has deprived the prisoner of his right to go outside the prison and do as he pleases. Fine. However, he was not sentenced to lose control over his own body. For example, the prisoner would be free to refuse medication for a cold or a cancer. No one could force an antibiotic down his throat. Why should he be forced to refrain from killing himself, and not harming anyone else, even if very mentally ill?
And if he succeeded then the state could have sued his estate for obstruction of justice by denying the application of the duly prescribed death penalty.