above. Assisting a suicide in Scotland can in some circumstances constitute murder, culpable homicide, or no offence depending upon the facts of each case. No modern examples of cases devoid of direct application of intentional or unintentional harm (such as helping a person to inject themselves) seem to be available; it was noted in a consultation preceding the introduction of the Assisted Suicide (Scotland) Bill that "the law appears to be subject to some uncertainty, partly because of a lack of relevant case law". United States In the United States of America, some topics are determined by federal law whereas others differ across states. The information on suicide prevention legislation will be discussed at the federal level first and will be followed by those states that have some form of legislation. Historically, various states listed the act of suicide as a felony, but these policies were sparsely enforced. In the late 1960s, 18 U.S. states had no laws against suicide. By the late 1980s, 30 of the 50 states had no laws against suicide or suicide attempts, but every state had laws declaring it to be a felony to aid, advise, or encourage another person to suicide. By the early 1990s only two states still listed suicide as a crime, and these have since removed that classification. In some U.S. states, suicide is still considered an unwritten "common law crime," as stated in Blackstone's Commentaries. (So held the Virginia Supreme Court in 1992. Wackwitz v. Roy, 418 S.E.2d 861 (Va. 1992)). As a common law crime, suicide can bar recovery for the late suicidal person's family in a lawsuit unless the suicidal person can be proven to have been "of unsound mind." That is, the suicide must be proven to have been an involuntary act of the victim in order for the family to be awarded monetary damages by the court. This can occur when the family of the deceased sues the caregiver (perhaps a jail or hospital) for negligence in failing to provide appropriate care. Some American legal scholars look at the issue as one of personal liberty. According to Nadine Strossen, former President of the ACLU, "The idea of government making determinations about how you end your life, forcing you...could be considered cruel and unusual punishment in certain circumstances, and Justice Stevens in a very interesting opinion in a right-to-die [case] raised the analogy." Physician-assisted suicide is legal