Legal Definitions - felo-de-se

Felo-de-se is a historical legal term originating from Latin, meaning "felon of himself." In early common law, it referred to the act of suicide when committed by a person of sound mind and discretion. Historically, this act was considered a serious crime, or a felony. The legal consequences for someone deemed a felo-de-se were severe, often including a dishonorable burial and the forfeiture of their property and possessions to the Crown.

Crucially, the designation of felo-de-se did not apply if the individual lacked the mental capacity to understand their actions (i.e., was "non compos mentis" or not of sound mind) or was not of an age of discretion. This distinction highlighted that the act was only considered a felony if it was a deliberate choice made by a mentally capable adult.

Here are some examples illustrating the concept of felo-de-se:

• Example 1: During the 17th century, a prosperous landowner, facing imminent arrest and public disgrace for a significant debt he knowingly incurred, intentionally takes his own life to avoid the shame. He is known to be of sound mind and has carefully planned his affairs.

  Explanation: In this scenario, the landowner's act would have been classified as felo-de-se. He was an adult of sound mind who made a deliberate and intentional choice to end his life. Historically, this would have led to his estate being forfeited to the Crown, and he would have been denied a traditional burial.

• Example 2: A young woman, suffering from a severe psychotic episode and experiencing delusions, tragically takes her own life. Her family can provide extensive evidence of her long-standing mental illness and recent hospitalization for her condition.

  Explanation: This situation would likely not have been considered felo-de-se under historical common law. Because the woman was experiencing a severe psychotic episode, she would have been deemed "non compos mentis" (not of sound mind), meaning she lacked the mental capacity and discretion required for the act to be classified as a felony. Therefore, the harsh penalties associated with felo-de-se would not apply.

• Example 3: A seasoned military officer, fully aware of the consequences of his actions and in full control of his faculties, chooses to end his life after being court-martialed for treason, rather than face public execution and the dishonor of his family name.

  Explanation: Here, the officer's act would be considered felo-de-se. He was an adult of sound mind who made a conscious and deliberate decision to take his own life to avoid further disgrace. Historically, this would have resulted in the ignominious burial and forfeiture of his property, regardless of the other legal penalties he was facing.