Legal Definitions - felony-de-se

The term felony-de-se is not an acronym. It is a historical legal concept that literally translates to "felony of oneself." Historically, particularly under English common law, suicide was classified as a felony-de-se. This meant that the act of intentionally taking one's own life was considered a criminal offense against the state. While modern legal systems in most countries no longer treat suicide itself as a crime, understanding this historical classification helps explain past legal consequences and societal attitudes towards suicide.

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

• Historical Property Forfeiture: Imagine a wealthy merchant in 16th-century England who, after suffering immense financial losses, takes his own life. Because his act would have been classified as a felony-de-se, his property and assets might have been forfeited to the Crown rather than passing to his family or heirs. This forfeiture served as a punishment for the "crime" he was deemed to have committed.

  This example illustrates how the classification of suicide as a felony-de-se had severe legal consequences, directly impacting the deceased's estate and family through the seizure of property.

• Denial of Traditional Burial: Consider a person in 18th-century Europe who died by suicide. Due to the act being considered a felony-de-se, they might have been denied a traditional Christian burial in consecrated ground. Instead, their body might have been interred at a crossroads or in unconsecrated land, often without religious rites, reflecting the legal and societal condemnation of their actions as a criminal offense.

  This example highlights the social and religious stigma associated with felony-de-se, showing how the legal classification influenced burial practices and public perception of individuals who died by suicide.

• Decriminalization and Legal Evolution: In the late 19th and early 20th centuries, as legal systems began to evolve, many jurisdictions started to remove suicide from the list of criminal offenses. For instance, if a country passed legislation explicitly stating that suicide was no longer a crime, it was effectively abandoning the doctrine of felony-de-se. This shift marked a move towards viewing suicide as a public health or mental health issue rather than a criminal act, although assisting someone else in suicide might still remain a separate criminal offense.

  This example demonstrates the historical evolution away from the concept of felony-de-se, illustrating how modern legal reforms removed the criminal classification of suicide itself, reflecting a change in societal and legal understanding.