People v. Campbell
124 Mich.App. 333, 335 N.W.2d 27 (1983)
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Rule of Law:
Providing a weapon to an individual who subsequently uses it to commit suicide does not constitute murder under Michigan common law because suicide is not a homicide, and the act of providing the means does not satisfy the requisite intent for murder.
Facts:
- About two weeks before the incident, Steven Paul Campbell discovered Kevin Patrick Basnaw in bed with Campbell's wife.
- On October 4, 1980, Campbell and Basnaw were drinking heavily at Basnaw's home.
- During the evening, Basnaw, who had a blood alcohol level of .26%, began talking about committing suicide.
- When Basnaw stated he did not have a gun, Campbell first refused but then encouraged and ridiculed Basnaw into buying one of his guns.
- Campbell drove Basnaw to his parents' home, retrieved a gun and five shells, and gave them to Basnaw.
- Basnaw placed the gun and shells on his kitchen table and began writing a suicide note.
- Campbell left with Basnaw's girlfriend, telling her that the bullets were blanks and the gun's firing pin was broken.
- The next morning, Basnaw was found dead from a self-inflicted gunshot wound to the temple.
Procedural Posture:
- The state charged Steven Paul Campbell with open murder.
- Following a preliminary examination, the district court bound Campbell over for trial in the circuit court.
- Campbell filed a motion in the circuit court to quash the information and dismiss the charge.
- The circuit court denied Campbell's motion to quash.
- The Michigan Court of Appeals granted Campbell, the appellant, leave to appeal the circuit court's denial of his motion, with the state as the appellee.
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Issue:
Does providing a weapon to a person who is intoxicated and talking about suicide, and who subsequently uses that weapon to kill themselves, constitute the crime of murder under Michigan common law?
Opinions:
Majority - Hoehn, J.
No. Providing a weapon to a person who subsequently commits suicide does not constitute murder. First, murder is a common law crime defined as the killing of one human being by another; suicide, by definition, is not a homicide because the defendant did not kill the victim. Second, the defendant lacked the present intention to kill requisite for a murder conviction. Merely providing the weapon and hoping the victim would use it does not rise to the level of intent required for murder. The court explicitly departs from the 1920 precedent of People v. Roberts, reasoning that it no longer reflects the common law or modern social values. The court also notes that other jurisdictions and legislative bodies do not classify incitement to suicide as murder, and that without a clear statutory definition, such a charge would lack a reasonably ascertainable standard of guilt, raising due process concerns. While the defendant's conduct is morally reprehensible, it is not criminal under current Michigan law, and the remedy lies with the Legislature.
Analysis:
This decision effectively decriminalized incitement to suicide as murder under Michigan's common law, creating a legal vacuum that the court explicitly invited the legislature to fill. It marks a significant shift from the prior precedent of People v. Roberts, reflecting an evolution in judicial thinking about causation and intent in the context of suicide. By distinguishing between direct killing and providing the means for self-harm, the court narrowed the scope of common law murder. The ruling places the onus on lawmakers to create specific statutes criminalizing assisted suicide if such conduct is to be prohibited, influencing future legislation in this area.
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