In re Caulk

480 A.2d 93, 125 N.H. 226, 1984 N.H. LEXIS 364
CourtSupreme Court of New Hampshire
DecidedJuly 23, 1984
DocketNo. 84-246
StatusPublished
Cited by41 cases

This text of 480 A.2d 93 (In re Caulk) is published on Counsel Stack Legal Research, covering Supreme Court of New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Caulk, 480 A.2d 93, 125 N.H. 226, 1984 N.H. LEXIS 364 (N.H. 1984).

Opinions

Batchelder, J.

The Superior Court (DiClerico, J.), on May 29, 1984, transferred without ruling the following question of law to this court:

“Does Joel Caulk, an inmate at the New Hampshire State Prison, have a constitutional right to die, without interference by the State, if he is mentally competent to make such a decision and if he has knowingly and voluntarily decided to die by starvation?”

For the reasons indicated below, we answer the question in the negative. Our analysis rests on the following facts found by the superior court.

Joel Caulk is a thirty-six-year-old prisoner in the New Hampshire State Prison serving a 10- to 20-year sentence for aggravated felonious sexual assault. A 5- to 10-year consecutive sentence for burglary will commence upon his completion of service of the 10-20 year sentence. Several charges are pending against the defendant in California upon which detainers and requests for temporary custody have been filed at the New Hampshire State Prison. The defendant has not been transferred to California because additional charges, filed against him in the Merrimack County Superior Court, remain to be dealt with prior to any disposition of the California indictments. Although a prison official testified that Massachusetts charges against the defendant had been dismissed, the defendant claims to be subject to a 20- to 30-year sentence in Massachusetts, to be served consecutively to his New Hampshire sentences. Nevertheless, it is probable that the defendant’s various sentences and the pending indictments are tantamount to a sentence of life without parole.

The superior court found that, in light of his circumstances, the defendant stopped eating solid food on February 26, 1984. Since that time, he has been allowing himself to die slowly by refusing to consume any nourishment with the exception of certain liquids. He has purposely selected this method of dying so that he can remain competent. He wants to think, to feel and to understand his death. He [229]*229insists that he is not committing suicide but rather is allowing himself to die.

The defendant never expects to be released from prison again. He says he is tired, unhappy, and disappointed with the promise that life holds, and that he does not “belong on the streets.” He maintains that if he cannot live freely, he does not want to live at all. While he is physically down, he claims that he is emotionally high.

The defendant does not claim to be a religious person in the formal sense, but suggests there is a spiritual dimension to him and to his actions. He admits that he has failed miserably to live a religious life. He testified that he has hurt a lot of people, and whenever he feels pain on his starvation diet, he believes he is paying another debt for his past misdeeds. In his words, he wants to leave the world as a man and to die with dignity, with his head up.

The defendant’s course of conduct is calculated to achieve only one purpose; namely, his death. He is not making any demands or asking for anything in return for his fast. There is no evidence that he poses a direct threat to the security of the institution or to anybody in the institution. He is prepared to execute a release absolving the State and its officials from any civil liability if he is allowed to starve himself to death.

Because of the defendant’s precarious physical condition brought about by his fasting, the trial court made the following order in response to the State’s petition for preliminary injunction:

“Pending further order of the Court, pursuant to RSA 622:7(1), the warden of the New Hampshire State Prison is authorized to feed and nourish Joel Caulk over his objection and to carry out all procedures deemed medically necessary to preserve Mr. Caulk’s life and physical health, unless Mr. Caulk voluntarily consumes medically required nourishment....”
This order shall be effective forthwith.”

The defendant claims that he has a constitutionally protected right to die without intervention by the State. He asserts rights to privacy, religious freedom, and freedom of speech, and the right to be free from cruel and unusual punishment under the State and Federal Constitutions. We conclude, based on the superior court’s findings, that only the defendant’s right to privacy is implicated. We note, however, that if factual support for implicating these other constitutional rights were present, the analysis would be the same.

We recognize that, under our State Constitution, “individuals have a constitutional right of privacy, arising from a high regard [230]*230for human dignity and self-determination, and that this right may be asserted to prevent unwanted infringements of bodily integrity____” Commissioner of Correction v. Myers, 399 N.E.2d 452, 455-56 (Mass. 1979); N.H. Const, pt. I, art’s 2, 3. Cf. Opinion of the Justices, 123 N.H. 554, 559, 465 A.2d 484, 488 (1983) (mentally ill persons have a fundamental constitutional right to be free from unjustifiable intrusion upon personal security).

However, no constitutional right is absolute. Id. at 560, 465 A.2d at 489. The State may limit an individual’s exercise of fundamental constitutional rights only when a compelling State interest is involved. See Merrill v. City of Manchester, 124 N.H. 8, 15, 466 A.2d 923, 928 (1983); Belkner v. Preston, 115 N.H. 14-15, 18, 332 A.2d 168, 170-71 (1975).

The defendant did not completely forfeit his State constitutional right to privacy by reason of his incarceration, but rather subjected himself to State interests unique to the prison. Cf. Hudson v. Palmer, 104 S.Ct. 3194 (1984) (prisoners have no federal constitutional expectation of privacy in their prison cells).

The State argues that the defendant’s actions seriously undermine its obligation to maintain an effective criminal justice system with respect both to the investigation and prosecution of crimes and to the incarceration of convicted criminals. The State first points to the fact that there are presently pending two indictments against the defendant in New Hampshire, trials of which have had to be postponed because of the defendant’s condition. Also, California has made a request for temporary custody of the defendant, in connection with criminal charges that have been lodged against him there. The State has an obligation to honor this request under the Interstate Agreement on Detainers, RSA chapter 606-A, but it has been unable to comply, again because of the defendant’s condition.

If the defendant is permitted to starve himself to the point where he cannot be tried in New Hampshire or California, he may effectively escape prosecution for these crimes and thereby frustrate the criminal justice system. The State’s interest goes beyond seeking additional punishment of a defendant if he is guilty of the pending charges. It also has a duty to bring to finality pending investigations in such a way that the public knows that the criminal justice system has successfully responded to accusations of criminal behavior.

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Bluebook (online)
480 A.2d 93, 125 N.H. 226, 1984 N.H. LEXIS 364, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-caulk-nh-1984.