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In a case that shocked the nation, Michelle Carter was charged for encouraging her boyfriend's suicide via text. People still have questions — and opinions.
Most states have laws against aiding a suicide or assisted suicide. These laws are usually found in the state’s statutes, and sometimes in the state’s court opinions or case law (common law). The severity level of these crimes range from misdemeanors to felonies.
In Hawaii, assisted suicide, also known as 'aid-in-dying,' is legal under certain circumstances. The state passed the 'Our Care, Our Choice Act' in 2018, which allows terminally ill adults with a prognosis of six months or less to live to obtain a prescription for medication to end their lives. The law includes several safeguards, such as confirmation by two healthcare providers of the patient's diagnosis, prognosis, and capacity to make an informed decision, a mandatory waiting period, and counseling. It is important to note that this law specifically applies to patients who are terminally ill and have voluntarily expressed their wish to receive aid-in-dying medication. Assisting a suicide outside the parameters of this law could still be subject to criminal prosecution. The act of aiding a suicide that does not comply with the 'Our Care, Our Choice Act' could be considered a felony, as it would fall under the general prohibition against assisting in a suicide.