The Crown Prosecution Service (CPS) is reviewing 13 suspected cases of assisted dying in England and Wales.
The public wants mercy, and in its hunger for a clean, compassionate solution to the unbearable business of dying, it has elevated assisted dying from a legal impossibility into a moral imperative - so much so that when the Crown Prosecution Service announces it is reviewing thirteen suspected cases, the headlines tremble with the weight of a national reckoning. The public, of course, imagines it is demanding reform; in truth, it is demanding absolution - absolution for the living, not the dying. It wants the law to bend without breaking, to wink without snoring, to let a man choose his end while still pretending that choice has never been the point of the law at all.
This is democracy’s oldest trick: to conflate sentiment with justice, and then to treat the resulting confusion as statesmanship. The CPS does not review cases because it has discovered a new ambiguity in the Suicide Act 1961 - no, it reviews them because public opinion has shifted beneath the weight of a hundred tearful television interviews and a few well-placed obituaries of terminally ill celebrities who spoke gently of “dying with dignity.” The law, as written, prohibits aiding or encouraging suicide. The public, as usual, has rewritten it in its head: aiding should mean forcing, encouraging should mean persuading, and suicide should mean natural death delayed by modern medicine. The law, of course, is silent on semantics. It only punishes. So the CPS, caught between the letter of a statute drafted when the telephone was still a novelty and the spirit of a mood that wants both the mercy and the moral high ground, retreats into procedure - review, not reform - because procedure is democracy’s preferred method of stalling the inevitable while pretending to act.
What is really under review here is not thirteen acts of compassion, but the entire pretence that the law can be both absolute and flexible, both sacred and negotiable, without becoming either. The CPS is not a court of conscience; it is a bureaucratic pressure valve. Its review is not an inquiry into justice, but a performance of it - a way of saying, We see your grief, and we are doing something about it, while doing precisely nothing that might unsettle the equilibrium of hypocrisy on which British law so delicately rests. The police gather statements, the lawyers pore over files, and the public, safe in its moral certainty, breathes easier - unaware that what it is breathing is the exhaust of a system designed to avoid making hard choices by pretending to make easy ones.
The real scandal is not that someone may have helped a loved one to die. The real scandal is that the state insists on treating every such act as a crime - until public sentiment cools, at which point it becomes a tragedy, and then, if the stars align, a precedent. This is not the rule of law. This is the rule of mood. This is law as performance art, staged for an audience that wants to believe it is being governed, not managed. The CPS review is not the beginning of reform; it is the funeral of reform’s best hope - that a society might, at last, admit that it does not trust its citizens to decide how they die, and that this distrust is not moral rigor but moral cowardice dressed in the language of care.
The law, in its current form, does not protect the vulnerable. It protects the state from having to decide whether the vulnerable are, in fact, persons capable of rational choice - or, more precisely, persons whose rationality may be clouded by despair, poverty, or the simple exhaustion of being unloved. The law’s true function is not to prevent death, but to prevent accountability. It is easier to punish the helper than to acknowledge that the system has failed the dying - not by offering them assisted death, but by offering them nothing at all but a slow, uncomplaining decline and a death certificate signed by a man who never asked whether the patient wanted to die, only whether he could.
This is the democratic vanity at work: the belief that if enough people feel a thing strongly enough, the law must be wrong, not the feeling. The public wants mercy, so mercy must be lawful - and yet the moment mercy becomes lawful, the public retreats, fearing the slippery slope, the abuse, the precedent. It wants the mercy without the responsibility of having designed a system that allows it without chaos. It wants the moral high ground without the bother of climbing it. The CPS, for its part, is happy to oblige - reviewing cases not to decide them, but to buy time until the next crisis, the next obituary, the next moment when the public’s moral certainty once again outpaces its moral courage.
The truth, as always, is simpler and sadder: no law can prevent the desperate from helping the dying. It can only punish them afterward - and hope that the punishment is severe enough to deter, yet lenient enough not to provoke outrage. The CPS knows this. It is why it reviews, rather than prosecutes; why it waits, rather than decides; why it lets the law hang in the air like smoke, visible but intangible. The law is not broken here. The law is ignored. And the public, in its infinite wisdom, is happy to let it stay that way - as long as the right word is spoken at the right time, and the right face appears on the news to express the right sorrow.
The Booboisie, as always, has found a way to want two contradictory things at once: to be protected by the law, and to be freed by it. That is not a flaw in the law. That is the flaw in the people who pretend the law can be both their cage and their key.