Must One Live to Be Punished? Repentance and the Limits of Autonomy

Accused of grave offenses, Héctor Febres found himself in pre-trial detention as he awaited his court hearing. The evidence against him appeared substantial, increasing the likelihood of a life sentence. Febres met his demise in his cell, a victim of apparent cyanide poisoning, mere days before his scheduled sentencing. The circumstances provoke suspicion that he might have been administered the poison in an act of suicide. Reflecting on certain liberal principles that champion personal autonomy, the debate emerges about an individual's right to make choices concerning their own body in virtually any scenario. Many adherents of these ideals contend that self-governing individuals possess the authority to determine their destiny even when facing dire consequences. Could it be, then, that Febres had the prerogative to opt for escape over punishment? Nonetheless, this discussion begs the question: Can we justify self-inflicted demise as an evasion of accountability, even within such exceptional circumstances? Within this exposition, I shall posit that even within these exceptional contexts, limitations exist on the untrammeled disposal of our bodies. Furthermore, compelling moral grounds underpin the argument that individuals undergoing criminal trial must confront and undergo the trial process. I will argue that individuals like Febres, especially in cases of severe wrongdoing, have a moral obligation to remain alive, face trial, and seek repentance as a path to reconciliation with the political community. Confronting justice not only addresses individual culpability but also benefits the broader political community by fostering accountability and promoting reconciliation.

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Publication Details

Journal
The Journal of Criminal Law
Published
2026-10-29
DOI
https://doi.org/10.1177/00220183261500929
Primary Topic
Criminal Law and Policy
Type
article
Field-Weighted Citation Impact
0.00

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article

Must One Live to Be Punished? Repentance and the Limits of Autonomy

Gustavo A. Beade
1 links
The Journal of Criminal Law
Criminal Law and Policy
article

Must One Live to Be Punished? Repentance and the Limits of Autonomy

Gustavo A. Beade
article en

Abstract

Accused of grave offenses, Héctor Febres found himself in pre-trial detention as he awaited his court hearing. The evidence against him appeared substantial, increasing the likelihood of a life sentence. Febres met his demise in his cell, a victim of apparent cyanide poisoning, mere days before his scheduled sentencing. The circumstances provoke suspicion that he might have been administered the poison in an act of suicide. Reflecting on certain liberal principles that champion personal autonomy, the debate emerges about an individual's right to make choices concerning their own body in virtually any scenario. Many adherents of these ideals contend that self-governing individuals possess the authority to determine their destiny even when facing dire consequences. Could it be, then, that Febres had the prerogative to opt for escape over punishment? Nonetheless, this discussion begs the question: Can we justify self-inflicted demise as an evasion of accountability, even within such exceptional circumstances? Within this exposition, I shall posit that even within these exceptional contexts, limitations exist on the untrammeled disposal of our bodies. Furthermore, compelling moral grounds underpin the argument that individuals undergoing criminal trial must confront and undergo the trial process. I will argue that individuals like Febres, especially in cases of severe wrongdoing, have a moral obligation to remain alive, face trial, and seek repentance as a path to reconciliation with the political community. Confronting justice not only addresses individual culpability but also benefits the broader political community by fostering accountability and promoting reconciliation.

The Journal of Criminal Law
Austral University of Chile (CL)
Fondo Nacional de Desarrollo Científico y Tecnológico
Peace, justice, and strong institutions
Openalex Percentile: Top 6%
Criminal Law and Policy
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