Think of a decision in your life that you later lived to regret. Now imagine going back to when you made that decision and having the opportunity to watch yourself choose again. But this time, instead of working through that choice alone, there are two systems in place. The first system is designed to help you work through that decision, and come to a solution that is favorable to you. The second system is the opposite. It offers no such support, but rather punishes you if you make the wrong decision. Which system would you prefer?

In February 2018, a man in Caroline County made a decision with that second system in place.[1] The 56-year-old man took an offered plea deal and plead guilty to the common law crime of attempted suicide.[2] As a result, this man was sentenced to three years in jail, coupled with two years of probation. [3] Imagine feeling helpless and hopeless, so much that you choose to take your own life. After making that decision, the system that is in place does not allow you to receive the help you need, but rather you are punished and sentenced.

Individuals contemplating suicide require mental health care by trained professionals, rather than punishment for their related actions. Recently, Maryland took a step to affirm this position by passing House Bill 77.[4] Effective October 1, 2019, attempted suicide is no longer a crime punishable in the State of Maryland.[5] By enacting this bill, Maryland is dismantling the system that punished the Caroline County man, while simultaneously opening room for an alternative system of support to take root. The Bill was short and simple, yet powerful. It changed the criminal law statute to add a section which removed attempted suicide as a crime in Maryland.[6] While it was not explicitly recognized as a statutory crime before, attempted suicide was a common law crime that was still recognized.[7] In the past five years, attempted suicide has been charged ten times in the District Court, resulting in the one conviction mentioned above.[8] Now codified in law, convictions for attempted suicide, like the one that occurred in February of last year, can never happen again.[9] Hopefully House Bill 77 will set a trend for state lawmakers to continue to improve the mental health care for the citizens of Maryland.

Nicholas A. Tomso is a 3rd year day student and Associate Editor for Law Forum at the University of Baltimore School of Law. Nicholas works at an estate planning law firm in Towson, MD, where he is in charge of writing and drafting a variety of legal documents. These documents range from simple court petitions to complex testamentary trusts. Nicholas will graduate in May 2020 and continue to work in the estate planning field.

[1] Justin Fenton, Attempting suicide is not a crime under Maryland law. But an Eastern Shore man was convicted of it, the baltimore sun, (Feb 23, 2018), https://www.baltimoresun.com/news/crime/bs-md-suicide-criminal-charge-20180222-story.html.

[2] Fiscal and Policy Note, Md. H.B. 77, 441st Reg. Sess. (2019) (enacted).

[3] Fenton, supra note 1.

[4] Md. H.B. 77, 441st Reg. Sess. (2019) (enacted).

[5] Id.

[6] Md. H.B. 77, 441st Reg. Sess. (2019) (enacted); Md. Code Ann., Crim Law § 3-101.1 (2019).

[7] Fiscal and Policy Note, Md. H.B. 77, 441st Reg. Sess. (2019) (enacted).

[8] Id.

[9] Md. Code Ann., Crim Law § 3-101.1 (2019).