© Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION CHAPTER ONE © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FORUnderstanding SALE OR DISTRIBUTION Death and the NOT FOR SALE OR DISTRIBUTION Death Investigation System © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION © Jones & Bartlett Learning,Death LLC is referred to as “the permanent© Jones cessation & Bartlett of all vital Learning, functions; LLC the NOT FOR SALE OR DISTRIBUTIONend of life”1 and while most of usNOT probably FOR know SALE that OR we DISTRIBUTIONfelt it necessary to start off with a simple definition. Most of the time the end of life comes after many years of living when someone dies of natural causes. Well over 90% of all deaths are what we call a “natural” death. Sometimes it is just old age but many others succumb to things like cancer, brain hemorrhages, or some© Jones other physiological& Bartlett Learning, or disease process.LLC It is interesting to ©note Jones that & Bartlett Learning, LLC onlyNOT about FOR 1% SALE of all deathsOR DISTRIBUTION are homicides, 2–3% are suicides, andNOT the restFOR SALE OR DISTRIBUTION are either accidental or equivocal where we do not know what happened. Therefore, the object of this chapter will be to build the foundation or knowl- edge base which the death investigator will utilize in analyzing and inter- preting facts and circumstances to determine what we call the manner of © Jones & Bartlettdeath (homicide, Learning, suicide, LLC accident, natural or undetermined),© Jones & Bartlettwho did it,Learning, LLC NOT FOR SALEwhen, OR how, DISTRIBUTION and why. NOT FOR SALE OR DISTRIBUTION Cause and Manner of Death © Jones & Bartlett Learning,It is important LLC to understand the© difference Jones & between Bartlett cause Learning, of death LLC and NOT FOR SALE OR DISTRIBUTIONmanner of death. Cause of deathNOT is the FOR medical SALE reason OR for DISTRIBUTION the death; e.g. gunshot wound to the chest, stab wound to the abdomen, blunt force trauma to the head, etc. This is determined by the coroner and/or medical examiner (ME) serving in specific jurisdictions. This person is also legally responsible for making the final manner of death determination of either homicide,© Jones suicide, & Bartlett accident, Learning, natural orLLC undetermined. It was mentioned© Jones & Bartlett Learning, LLC previouslyNOT FOR that SALE the death OR investigatorDISTRIBUTION is charged with “analyzingNOT and FORin- SALE OR DISTRIBUTION terpreting facts and circumstances to determine what we call the manner of death.” However, the actual label placed on the death certificate is the responsibility of the coroner or medical examiner. The death investigator provides the critical information necessary for an accurate determination © Jones & Bartlettin conjunction Learning, with eitherLLC a medical evaluation© and/orJones autopsy& Bartlett of the Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION 1 © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION. © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION 26747_CH01_Adcock.indd 1 12/19/11 7:20 AM © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION 2 Chapter One: Understanding Death and the Death Investigation System deceased.© Jones It is & extremely Bartlett importantLearning, that LLC the police and the coroner/ME© Jones & Bartlett Learning, LLC workNOT together FOR asSALE a team. OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION While the cause of death can be almost anything, the manner of death fo- cuses on the five possibilities mentioned previously. The manner of death determination should be based on the totality of the circumstances and not a guess based on limited information. Homicide is basically defined as one © Jones & takingBartlett the lifeLearning, of another LLC without any consideration© for Jones which & statute Bartlett may Learning, LLC NOT FOR SALEhave been OR violated DISTRIBUTION (i.e. first degree murder versus manslaughterNOT FOR or SALE negligent OR DISTRIBUTION homicide). Suicide is one taking the life of oneself or as Freud would call it, “selbstmord” or self-murder. Accidental deaths are exactly that—an accident in which a set of circumstances occurred that lead to a death. In some jurisdic- tions charges may still be filed as in motor vehicle accidents (MVA) but the © Jones & Bartlett Learning,death certificate LLC will still read accident© MVA.Jones The & degree Bartlett of fault Learning, or negligence LLC NOT FOR SALE OR DISTRIBUTIONis not something the coroner/ME areNOT concerned FOR SALE with. Natural OR DISTRIBUTION deaths have already been explained and absent any evidence to the contrary these types of deaths will be labeled natural. The last category is “undetermined” and these can be undetermined cause and/or undetermined manner of death. In these cases, the coroner/ME does not have sufficient information to accu- rately© Jones label the & death. Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION Legal Definitions As previously stated, if the manner of death is determined to be homicide, then that is the label placed on the death certificate and basically means one © Jones & takingBartlett the lifeLearning, of another. LLC But when one is arrested by© Joneslaw enforcement & Bartlett and Learning, LLC NOT FOR SALEsubsequently OR DISTRIBUTION charged for a statute violation the labelNOT is different FOR SALE and more OR DISTRIBUTION comprehensive in considering the circumstances involved. These labels can vary from jurisdiction to jurisdiction but the elements of proof are all very similar. They may include labels such as, homicide, criminal homicide, neg- ligent homicide, reckless homicide, vehicular homicide, felony DUI, murder, © Jones & Bartlett Learning,felony murder,LLC first degree murder,© second Jones degree & Bartlett murder, Learning,voluntary or LLCin- NOT FOR SALE OR DISTRIBUTIONvoluntary manslaughter, and justifiableNOT homicide. FOR SALE OR DISTRIBUTION For the purposes of this text we will describe the most common according to Black’s Law Dictionary2. Murder is defined as “the killing of a human being with malice aforethought.” A person is guilty of murder if he or she: (1) caused the victim’s death or serious bodily injury that then resulted in the victim’s death,© Jones and (2) &did Bartlett so purposely Learning, or knowingly. LLC In order for a defendant© Jonesto be & Bartlett Learning, LLC foundNOT guilty FOR of murder,SALE ORthe State DISTRIBUTION is required to prove these elements NOTbeyond FOR SALE OR DISTRIBUTION a reasonable doubt: (1) that the defendant caused the victims death or serious bodily injury that then resulted in the death, and (2) that the defendant did so purposely or knowingly. A person acts purposely when it is that person’s conscious objective to cause death or the serious bodily injury that results in © Jones & death.Bartlett A person Learning, acts knowingly LLC when that person is© aware Jones of the& Bartlettlikelihood Learning, LLC NOT FOR SALEthat his OR conduct DISTRIBUTION will cause death or serious bodily injuryNOT resulting FOR SALE in death. OR3 DISTRIBUTION © Jones & Bartlett Learning, LLC. NOT FOR SALE OR DISTRIBUTION. © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION 26747_CH01_Adcock.indd 2 12/19/11 7:20 AM © Jones & Bartlett Learning, LLC © Jones & Bartlett Learning, LLC NOT FOR SALE OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION Coroner and Medical Examiner 3 ©• Jones First-degree & Bartlett murder—murder Learning, that LLC is willful, deliberate, or ©prem Jonesedi- & Bartlett Learning, LLC NOTtated; FOR or SALE that is ORcommitted DISTRIBUTION during the course of another dangerousNOT FOR SALE OR DISTRIBUTION felony. • Second-degree murder—murder that is not aggravated by any of the circumstances of first-degree murder. • Felony murder—murder that occurs during the commission of a danger- © Jones & Bartlettous Learning,felony (often LLC limited to rape, kidnapping,© Jonesrobbery, & burglary Bartlett and Learning, LLC NOT FOR SALE arson).OR DISTRIBUTION NOT FOR SALE OR DISTRIBUTION • Voluntary manslaughter—an act of murder may be reduced to man- slaughter because of extenuating circumstances such as adequate provo- cation (arousing the heat of passion) or diminished capacity. © Jones & Bartlett Learning,• InvoluntaryLLC manslaughter—homicide© Jones in & which Bartlett there Learning, is no intention LLC to NOT FOR SALE OR DISTRIBUTIONkill or do grievous bodily harm,NOT but FOR that SALE is committed OR DISTRIBUTION with criminal negligence or during the commission of as crime not included within the felony murder rule. • Negligent homicide—homicide resulting from the careless performance of a legal or illegal act in which the danger of death is apparent. ©• Jones Justifiable & Bartletthomicide—the Learning, killing ofLLC another in self-defense when© Jones faced & Bartlett Learning, LLC NOTwith FOR the dangerSALE ofOR death DISTRIBUTION or serious bodily injury. NOT FOR SALE OR DISTRIBUTION Coroner and Medical Examiner © Jones & BartlettWhile these Learning, terms may LLC be familiar to some, there© areJones those & who Bartlett