The manner of overdose deaths are most commonly found to be accidental/unintentional, suicide, or undetermined. An accidental death is one that was totally unforeseen and unexpected.
No, there are generally exclusions for death or injury that occurs while under the influence of illegal drugs. Therefore, drug overdose is typically NOT covered by accidental death and dismemberment insurance policies and riders.
Your life insurance policy will pay out death benefits to your beneficiaries if you die from a motor vehicle accident, drowning, poisoning, accidental drug overdose, or another tragedy.
Life insurance policies will usually cover suicidal death so long as the policy was purchased at least two to three years before the insured died. There are few exceptions because after this waiting period, a life insurance policy's suicide clause and contestability clause expire.
Further, because of their drug addictions, their overall general health may be compromised, making them susceptible to diseases and conditions which might impact the situation leading to their deaths. It becomes imperative for the prosecutor to understand what is needed to prove regarding causation.
Drug overdose deaths in the United States claimed over 64,000 Americans in 2016 1 and the number keeps rising. Drug overdoses are now the leading cause of injury death in the country and, while prescription drugs are primarily responsible for the rapidly growing number of overdose deaths, illicit opioid drugs such as heroin and fentanyl are significant contributors to the problem. 2 Fentanyl and fentanyl analogues accounted for over 20,000 deaths in 2016, while heroin accounted for over 15,000, 3 making them the two leading causes of drug overdose deaths.
A felony murder statute allows the prosecutor to charge an offense which requires no specific mental state other than that required for the enumerated offense; 10 the law may specifically state that no proof of intent to cause the death is required. 11 In general, proof of the underlying offense and the cause of death will be sufficient to obtain a conviction under this approach. Additional elements, such as proof that the underlying felony must be inherently dangerous to human life, 12 or proof of recklessness in both causation and appreciation or awareness of the risk, 13 may be required in some states.
With that has come an increase in use. The number of Americans using heroin has grown 500 percent within the past decade. 5. Non-medical use of prescription opioids is seen as one of the primary forces in this increase. In addition to heroin, other drugs such as fentanyl, a synthetic opioid, with a potency 50 to 100 times greater than that ...
Law enforcement’s role was to oversee the removal of the deceased’s body by the ambulance crew or coroner’s office, notify the next of kin, and do the required paperwork before moving on to their next call. But things have started to change.
The previous heroin epidemic, from 1970 until 1978, was primarily an urban crime problem. 4 This new epidemic is different; heroin is easier to get, cheaper, and more potent. And the demographics have changed; there is a wider distribution throughout urban, suburban, and rural areas.
Adopting this point of view, there was no crime involved in the death.
Drug-induced homicide refers to the crime of selling or sharing drugs that result in a death. Twenty states have specific drug-induced homicide laws, while many others charge the crime under generic murder ...
Kathie Kane-Willis, Director of Policy and Advocacy, The Chicago Urban League. Though prosecutors rely on the oft-cited, but totally unproven, deterrence rationale in support of their charging practices, there is no evidence that enforcement of drug-induced homicide reduces drug use or sales, or deadly overdoses.
While there is no evidence in support of the effectiveness of drug-induced homicide laws, there is abundant evidence in support of myriad health and harm reduction interventions that can better address the risks of problematic drug use.
The purpose of the second part of the national death investigator guidelines research was to identify training criteria for each of the 29 guidelines. This research is now completed. For each of the guidelines presented in this report, “minimum levels of performance” will be developed and verified by the members of the various TWGs. These “training guidelines” will provide both individuals and educational organizations the material needed to establish and maintain valid exit outcomes for each investigative trainee.
first thing one must realize is that the word “system” is a misnomer, when used in the context of death investigation in the United States. There is no “system” of death investigation that covers the more than 3,000 jurisdictions in this country.1 No nationally accepted guidelines or standards of practice exist for individuals responsible for performing death-scene investigations. No professional degree, license, certification, or minimum educational requirements exist, nor is there a commonly accepted training curriculum. Not even a common job title exists for the thousands of people who routinely perform death investigations in this country.2, 3
A major step in the advancement of the American system of justice was taken recently with the recognition of standard guidelines for scene investigation in medical examiner and coroner cases.
As a representative of the National Sheriffs’ Association, I have been honored to participate with the very capable and diverse group that comprises the National Medicolegal Review Panel. The results of our efforts are the national guidelines, which will direct the efforts of fellow death investigators in “other than natural” death investigations. The procedures developed by the panel constitute a baseline protocol that should serve to support and direct the efforts of all of us who work in this field. Because each death has profound implications for family and friends, and because each investigation ultimately has financial, legal, and societal implications, we can take satisfaction in knowing that standards now exist for death investigators across the country, which, when followed, will yield comprehensive, high-quality death-scene investigations.
Historically, the Office of Coroner has been charged with the responsibilities and duties of answering pertinent questions related to death investigation: Who, What, When, Where, How, and Why. Only when these questions have been answered correctly can all the proper legal issues that arise at death be handled expertly and completely for the administration of justice. As the representative of the coroners of America on the NIJ Peer Review Panel, I applaud the efforts that have produced Death Investigation: A Guide for the Scene Investigator.Theseguidelines provide the necessary policies and procedures for universal and professional death-scene investigations, as well as the criteria for when to be suspicious. And by having properly coordinated death-scene investigative procedures, the community, the legal system, and family members will be well served.
A competent and thorough death-scene investigation provides the basis for a comprehensive medicolegal autopsy, and together the scene investigation and autopsy provide the basis for an accurate determination of cause and manner of death. Furthermore, following specific guidelines helps assure that all relevant aspects of all deaths are fully investigated. Representing the National Association of Medical Examiners on the National Medicolegal Review Panel, I believe that the national guidelines for death-scene investigation offer medical examiners and coroners a valuable means for substantially enhancing performance in fulfilling their far-ranging responsibilities. As the guidelines have been formulated with the consensus of several prominent forensic and legal experts, they represent a major advancement in scientific death investigation and deserve the attention of all who claim competency in this field.
The objectives of the American Academy of Forensic Sciences are enunciated in the Preamble of its Bylaws and include: “to improve the practice, elevate the standards and advance the cause of the forensic sciences . . . .” Death Investigation: A Guide for the Scene Investigator most certainly supports the objectives of the academy when sudden, unexpected, and violent deaths are investigated by forensic pathologists and other scientists. Sudden death investigation is multidisciplinary, with involvement of scientists representing all sections of the academy— pathology, odontology, criminalistics, toxicology, psychiatry, questioned documents, jurisprudence, and even engineering. None of these scientists can be truly effective if the death investigation is faulted by errors of omission or commission during the initial scene investigation.
The Investigation Division of the Office of the Attorney General is designated as the official representative of the Attorney General in the investigation of police-involved deaths. A "police-involved death" means a death resulting from a law enforcement officer's act or acts. Not included, however, is any motor vehicle fatality unless it results from the imposition of physical force intentionally applied. A police-involved death shall be reported immediately to the Investigation Division of the Office of the Attorney General. In addition, the Office of the Chief Medical Examiner shall be notified.
a. If the decision is made to specially investigate a particular traumatic death, the Office of the Chief Medical Examiner will notify the Criminal Investigation Division. The scene should continue to be protected until a representative from the Criminal Investigation Division arrives.
If the decision is made not to specially investigate a particular traumatic death, the Office of the Chief Medical Examiner will notify the responding officer so that the scene need no longer be protected. Of course, an appropriate routine investigation is still necessary as in any medical examiner case of nonnatural death.
17-A M.R.S.A. §203 (1) (C). The law is applicable to those situations where an employee dies in the workplace. While not every death that occurs in the workplace is a "workplace manslaughter," all workplace deaths of other than clearly natural cause must be reported immediately to the Chief Medical Examiner. The Chief Medical Examiner's Office will notify the Criminal Division of the Attorney General's Office. While the initial scene investigation of a workplace death will continue to be the responsibility of the agency normally providing law enforcement services in the particular locale, any prosecution under the workplace manslaughter law will be brought by the Attorney General's Office. Moreover, depending on the circumstances, investigators from the Criminal Investigation Division may be assigned to assist in the investigation of these matters. It is also likely that investigators from the Occupational Health and Safety Administration (OSHA) or the Maine Bureau of Labor Standards (BLS) will be assigned to assist in the investigation. In the initial scene investigation of these matters, law enforcement officers are reminded to treat the situation like they would a vehicular manslaughter, securing photographs, measurements, and other evidence.
The death of an individual while in custody or confinement as a result of being ordered to undergo a mental health examination , being involuntarily committed to a mental institution on the basis of mental disease or defect , or having been taken into protective custody shall be reported immediately to the Office of the Chief Medical Examiner. In addition, the Criminal Investigation Division shall be notified. This notification is necessary for these agencies to carry out their responsibility of investigating the death to determine the cause and manner of death and whether the death is suspicious.
Control of the death scene is a primary focus of these procedures. Often, the medical examiner can gain valuable insight into the cause and manner of death, as well as the time of death, from viewing the scene and the body at the scene. Moreover, the scene is sometimes replete with subtle clues that could aid in the identification or discovery of the perpetrator. All, or a significant part, of this evidence could be lost through inadvertent disturbance of the scene by persons lacking the required expertise.
The death of an individual while in custody or confinement in a jail, holding facility, or correctional institution shall be reported immediately to the Office of the Chief Medical Examiner. In addition, the Criminal Investigation Division shall be notified. This notification is necessary for these agencies to carry out their responsibility of investigating the death to determine the cause and manner of death and whether the death is suspicious. Finally, the Inspections Divisions of the Department of Corrections shall be notified for the purpose of conducting an investigation into the operational practices, policies and procedures to determine compliance with required standards.