Michelle Carter was convicted last week for facilitating her boyfriend’s suicide, and . . . nothing. The prosecutors suggested that this was a unique situation. Martin Healy, chief legal counsel to the Massachusetts Bar Association, had a different take. “The case will have national implications and is a clarion call that seemingly remote and distant communications will not insulate individuals from heinous acts that could rise to the level of criminal culpability,” he said.
Is Healy right? Right in Bristol County, where the Carter trial took place, there may be a chance to find out. Sheriff Thomas Hodgson has presided over 16 suicides in his jails over the last few years, a rate about 50% higher than in any other county in Massachusetts.
You might object “How can we hold Hodgson responsible for these suicides? After all, the inmates were troubled individuals, they might have been suicidal even if they weren’t in Hodgson’s custody. Aren’t they responsible for their own actions?
Of course, these were the same objections raised by Carter’s defense team and the judge swept them aside. We don’t have Hodgson’s emails and tweets, so we don’t know how actively he was involved in setting up the conditions for each suicide. On the other hand, he appears to be a repeat offender.
Any prosecution would raise new legal issues. First, is there some legal rational whereby a middle aged politician can be held to the same high standard as a teenage girl on antidepressants?
Second, since this is Sheriff Hodgson, would he be tried as an adult?
That is … a provocative point. In any event I wonder if the novelty of Carter’s case is the only avenue of recourse for those in Hodgson’s custody.
Given that the poor conditions and public speeches and positions Hodgson has taken could make depression worse…one wonders if a similar case could be made for one or more of those suicides. I do not do criminal cases and have never had to visit Hodgson’s facilities, but have heard horror stories from those who do.