Deaths In Custody Research Articles

"Dying in Prison: End-of-Life Care Services in a State Correctional Facility" (by Brooke Colley Webb, Mollee K. Steely Smith, and Tusty ten Bensel): Review 4

"Dying in Prison: End-of-Life Care Services in a State Correctional Facility" (by Brooke Colley Webb, Mollee K. Steely Smith, and Tusty ten Bensel): Review 4

“Speaking for the Dead to Protect the Living”: On Audre Lorde’s Biomythography, Law, Love, and Epistemic Violence in the Coronial Jurisdiction in the Kimberley

From 2017–2019 I was counsel representing the families in a coronial inquest which looked at Aboriginal youth deaths in the Kimberley region of Australia with a particular regard to self-harm. A coronial inquest is a judicial proceeding that investigates unexplained deaths, unusual deaths, or deaths in state custody. In this paper I consider the epistemic violence my clients experienced, and I particularly examine the potential for affect and relationality to create connectors between epistemes in the hope of a more emancipatory conception of justice. I draw on Audre Lorde’s corpus as one that is worthy of serious regard in critical legal studies and useful in my work. In particular, I turn my gaze inwards and draw on Audre Lorde’s creation of biomythography as a method for legal writing and legal practice, to offer an account of my role in the Inquest. Biomythography is a form of writing which grounds subjective individual and collective experience, and its interrelationship with history and myth to centre experiences of justice and injustice. In using this methodology, I consider ways the civil law, through its interpretive function and authority in the coronial jurisdiction, oppresses First Nations Australians. Through writing my biomythography I show that the Coroner’s fact finding role arrives at truth in a way inherently embedded in Western knowledge systems and I regard the Coroner’s truth determining function as violent. Finally, I consider the potential of affect as a connector between epistemes to create emancipatory possibilities for justice.

The Case Against "Excited Delirium".

Citizens' deaths in police custody are sometimes attributed to "excited delirium syndrome" (ExDS). This terminology is rejected by the American Medical Association and the American Psychiatric Association. ExDS has no demonstrable pathology but has been proposed as predisposing to sudden death, thus exonerating police. Ketamine use during arrests complicates manner of death. ExDS deaths trigger lawsuits claiming police misconduct and excessive force. Defendant officers and municipalities have used ExDS to distance themselves from liability, using expert testimony from nonpsychiatrists. This argument is expressed despite lack of autopsy findings, the false idea that mental illness itself can lead to sudden death, and the absence of consistent diagnostic criteria. This article traces the history of ExDS and reviews the arguments for and against its use in psychiatry and law enforcement. The authors conclude that the label is medically unreliable, has eroded confidence in police-citizen interactions, and obscures dynamics of deaths in custody.

California's Public Safety Realignment Act and prisoner mortality.

In 2011, a historic Supreme Court decision mandated that the state of California substantially reduce its prison population to alleviate overcrowding, which was deemed so severe as to preclude the provision of adequate healthcare. To comply, California passed the Public Safety Realignment Act (Assembly Bill [AB] 109), representing the largest ever court-ordered reduction of a prison population in U.S. history. AB109 was successful in reducing the state prison population; however, although the policy was precipitated by inadequate healthcare in state prisons, no studies have examined its effects on prisoner health. As other states grapple with overcrowded prisons and look to California's experience with this landmark policy, understanding how it may have impacted prisoner health is critical. We sought to evaluate the effects of AB109 on prison mortality and assess the extent to which policy-induced changes in the age distribution of prisoners may have contributed to these effects. To do so, we used prison mortality data from the Bureau of Justice Statistics and the California Deaths in Custody reporting program and prison population data from the National Corrections Reporting Program to examine changes in overall prison mortality, the age distribution of prisoners, and age-adjusted prison mortality in California relative to other states before and after the implementation of AB109. Following AB109, California prisons experienced an increase in overall mortality relative to other states that attenuated within three years. Over the same period, California experienced a greater upward shift in the age distribution of its prisoners relative to other states, suggesting that the state's increase in overall mortality may have been driven by this change in age distribution. Indeed, when accounting for this differential change in age distribution, mortality among California prisoners exhibited a greater reduction relative to other states in the third year after implementation. As other states seek to reduce their prison populations to address overcrowding, assessments of California's experience with AB109 should consider this potential improvement in age-adjusted mortality.

Forensic Pathological Study of 115 Deaths in Custody in China

Deaths in custody or during contact with law enforcement attract considerable public concern. A retrospective study was undertaken involving 115 autopsied cases of people who died in custody from 2000 to 2009. The cases are from the files of the Department of Forensic Pathology, Tongji Medical College, HUST, Wuhan. There was a preponderance of males (113 cases) with only two (2) deaths of women. The age range of the males was from 15 to 77 years. 96 (83.5%) of these males were young adults ranging in age from 20 to 49 year. 70 (60.9%) were peasants. The interval between death and autopsy of 53 (46.1%) cases was within 48 h. Of the 111 cases with known causes of death, most of them (83 cases, 72.1%) died of natural disease and the remainder were violent deaths. Regarding the manner of death: 83 cases were natural deaths, of which 39 (47%) were from cardiovascular disease; 23 cases were suicide; 5 cases were accidental death; 4 cases were undetermined. These data are consistent with the fact that most criminal offenders are young adult men and that the main causes of death in custody are natural. Suicide is a well recognized phenomenon amongst deaths in custody globally and prevention of suicide is a significant challenge for custodial authorities. It is suggested that all police and law enforcement units should strengthen efforts to prevent and manage natural disease in custody.

Redressing State-Inflicted Racial Violence: A Federal Discrimination Law Remedy for Deaths in Custody after Wotton

Redressing State-Inflicted Racial Violence: A Federal Discrimination Law Remedy for Deaths in Custody after Wotton

Analysis of Custodial deaths in Western Odisha

Background: Death in custody is often associated with allegations of physical abuse by the police or jail authorities. Questions are always raised about violation of fundamental rights of a prisoner. Aims: To study different epidemiological and medico legal aspects of custodial deaths. Material And Methods: This is a öve year retrospective study based on medicolegal records of custodial deaths. Result: All the cases were male. As per manner of death 86.5% of cases were natural deaths while 13.5% of cases died due to unnatural causes. Age group of these cases were between 19 to 90 years. Maximum number of cases (29.8%) is between 51-60 years. Majority of deaths occurred in the hospital accounting for 97.29% of cases except one hanging death which occurred in police station. Majority of cases (91.9%) were in jail custody. In this study most common cause of death is chronic kidney disease which is found in 21.6% of cases. With respect to conviction status, 78.4% of cases were under trial prisoners while rest 21.6% were convicted. Conclusion: Majority of deaths occurred due to natural causes. Proper care should be taken to reduce morbidity and mortality of prisoners.

Why Police Violate the Human Rights: Bangladesh Chapter

The police are one of the important law enforcement agency in Bangladesh. Police are the best agency to protect human rights. Indeed, the police have a special responsibility to protect people. In addition, to their duty, they also serve in people's social and moral call, especially during COVID-19 situations they imprint many examples of humanity. People experience many good deeds of police during a national disaster as well. However, allegation against the police for violations of human rights is not uncommon. Cases of torture, death in police custody, involvement in the drug trade and robberies, entrapment with drug, helping in land grabbing, etc. are being published in newspapers. Nevertheless, to protect human rights or to take care of human rights is the prime function of the police. This research efforts to find out the answer to why police violate human rights. This research may help police professionals or administrators in taking policy initiatives to erase the negative image of the police.

A Study on Police Accountability and Custodial Violence in India

The present study aims to critically analyse the cases of custodial violence in the nation and also crucially examine the reasons of custodial deaths in India. The study attempted to enrich the existing literature on “A Study on police accountability and custodial violence in India”. In the study, the custodial violence has been divided into three categories namely physical, sexual and psychological. Various reasons have been encountered for the custodial deaths such as suicide, death due to treatment in the hospital, injuries sustained prior to custody, physical assault by police, while escaping from custody, road accidents connected with the journey etc. The study gives various recommendations to improve the police administration and foster the need for reforms in the working of police officials.

Pattern of custodial deaths: A 5-year retrospective study

“Death occurring in some form of custodial detention is commonly known as death in custody, such as police cell or prison”. ‘Right to Life’ implies the duty of state to respect and ensure the right to life of each and every individual within their jurisdiction including the individuals held in custody by law enforcement agencies. Studies across the globe have noticed that most of the custodial deaths are natural. Death of a person in custody is always a matter of concern especially when it is unnatural one. This study was undertaken to know the pattern of custodial deaths in different aspects. Out of total 28 cases autopsied during study period of 5 years 26 (92.86%) individuals were prisoners whereas only 2 (7.14%) belonged to police custody. Among 28 cases 23 (82.14%) deaths were natural and 5 (17.86%) were unnatural deaths. Tuberculosis 7 (25%) was most common culprit among natural deaths. Total 25 (89.28%) were male and only 3 (10.72%) were females among study population and most of the cases 7 (25%) belonged to 51-60yr age group. As far as unnatural deaths are concerned 4 deaths were suicidal and only one case was homicidal.

Forensic Pathological Study of 115 Deaths in Custody in China

Deaths in custody or during contact with law enforcement attract considerable public concern. A retrospective study was undertaken involving 115 autopsied cases of people who died in custody from 2000 to 2009. The cases are from the files of the Department of Forensic Pathology, Tongji Medical College, HUST, Wuhan. There was a preponderance of males (113 cases) with only two (2) deaths of women. The age range of the males was from 15 to 77 years. 96 (83.5%) of these males were young adults ranging in age from 20 to 49 year. 70 (60.9%) were peasants. The interval between death and autopsy of 53 (46.1%) cases was within 48 h. Of the 111 cases with known causes of death, most of them (83 cases, 72.1%) died of natural disease and the remainder were violent deaths. Regarding the manner of death: 83 cases were natural deaths, of which 39 (47%) were from cardiovascular disease; 23 cases were suicide; 5 cases were accidental death; 4 cases were undetermined. These data are consistent with the fact that most criminal offenders are young adult men and that the main causes of death in custody are natural. Suicide is a well-recognized phenomenon amongst deaths in custody globally and prevention of suicide is a significant challenge for custodial authorities. It is suggested that all police and law enforcement units should strengthen efforts to prevent and manage natural disease in custody.

Characteristics of deaths in custody through forensic medicine examination

A cross sectional study was conducted at National Institute of forensic medicine of Vietnam on characteristics of deaths in custody through forensic medicine examination. Out of 125 deaths in custody were autopsied by the forensic medical specialist. The majority of the male sex is 94%. The deaths accounts for the largest number of people age group 41-50 (25.6%). Pathological causes accounts for 82.4% (103 cases), in which, tuberculosis accounts for the highest rate (19.42%), cardiovascular disease (17.48%), severe pneumonia (15.53%), multi-organ dysfunction syndrome and multi disease accounted for (15.53%), cerebrovascular accident (9.71%), cancer and HIV/AIDS (5.83%), cirrhosis ascites (4.85%), encephalitis, meningitis and gastrointestinal bleeding all accounted for (2.91%). Deaths are related to violent impacts, accounting for 14.4% (22 cases), of which hanging accounts for the most, others cause as trauma, drugs shock, poisoning, electricity shock with a small rate.

Study of Natural Deaths in Custody at Tertiary Care Hospital in Rajasthan

As death is final outcome of life, it is inevitable in prisoners too. Pattern of deaths can reveal living conditions and practices in a population. This study was conducted to observe the pattern of natural deaths among prisoners autopsied at a tertiary care hospital in Jaipur during April 2017 to March 2018. During this period 16 cases of alleged natural deaths in custody were autopsied comprising of 15 males and 1 female. The natural deaths were almost evenly distributed in all age groups. Carcinoma was leading cause of death in (37.5%) cases, followed by cardio-vascular causes in (25%) cases, intracranial hemorrhage in (12.5%) cases, septicaemia in (12.5%) cases, tuberculosis associated with HIV in (6.25%) case and Pneumonia associated with Parkinsonism in (6.25%) cases. All (100%) of the natural deaths received medical attention prior to death and died in hospital. Injuries were present in 5 cases (31.25%) but were not attributed to causing deaths.

O PAPEL DOS QUESITOS OFICIAIS DA PERÍCIA MÉDICO LEGAL NA PREVENÇÃO DA TORTURA

INTRODUCTION: Legal Medicine seeks to bring symbolic reparation to victims of torture and other cruel, inhuman or degrading treatment or punishment, in addition to contributing to society, ensuring justice and preventing further episodes. MATERIAL AND METHODS: Literature review using scientific articles (2021-2022), Treaty of Forensic Anthropology, Istanbul Protocol, Guidelines of resolution nº 414 of the National Council of Justice and Notebook of Official Questions of the Civil Judicial Police of the State of Mato Grosso. RESULTS: Almada et al. (2022) carried out a study of death in custody during state terrorism in Uruguay (1973-1985), and it was possible to observe that the profile of the victims was predominantly male with a mean age of 37 years. Most victims died violent deaths, the predominant cause of which was torture. Petersen (2022) offers his 30 years of experience working with documentation and prevention of torture, bringing the main points related to his visits to detention centers in different countries. DISCUSSION: It is not an easy job to abolish torture and mistreatment after a dictatorial regime, after all a culture of repression was created. It is believed that the denial by the rulers in the first years of democracy is decisive for the perpetuation of the practice in the country. The investigation and documentation clarify the facts and facilitate the exercise of criminal action, in addition to bringing the need for reparation and reimbursement by the State to the victims. CONCLUSION: The official requirements must be reformulated in order to contemplate the investigation of events and enable the creation of public policies.

Custodial Deaths in Jamnagar Region of Gujarat: A 5-Years Retrospective Study Report

Twenty cases of custodial deaths were examined retrospectively in the present study. Out of these twenty cases, there were nineteen cases of males and one case of females. The majority of the cases occurred in the age group of 31-40 years, followed by the 21-30 years age group. There were 14 cases of natural death in whom the presence of pre-existing diseases was found and 6 cases were of unnatural deaths. In this study out of 14 natural deaths, 10 cases were of Ischemic heart disease/myocardial infarction with 2 cases of renal failure and 1 case each of pulmonary tuberculosis and chronic hepatitis. There were 6 cases of unnatural deaths; there were 3 cases of suicidal hanging, 2 cases were of multiple body injuries caused by blunt force, and 1 case of accidental choking due to the aspiration of food material.

A comprehensive reparations system for custodial deaths

Death in police custody is one of the major social injustices in Kenyan society today. While many continue to call for the criminal prosecution of police officers involved in such extrajudicial deaths, less is said about the human rights remedies available for the victims surviving the deceased. National, regional and international law provides for remedies for human rights violations in the form of reparations. The jurisprudence of Kenyan courts, the African Court on Human and Peoples’ Rights and the African Commission on Human and Peoples’ Rights confirm that such victims are entitled to various forms of reparations. This paper analyses victimhood and the reparation systems in Kenya. The introduction briefly discusses death in police custody as a form of human rights violation. The paper then investigates the notion of a victim in national, regional and international law, with the aim of highlighting the scope of accruing human rights and the attached remedies. Consequently, the paper evaluates the Kenyan system of reparations available to victims in both national, regional, and international human rights law. This evaluation expounds on the forms of reparations available for victims of deaths in police custody. In concluding, this paper makes recommendations for victims and their families pursuing human rights remedies in addition to criminal sanctions against the police.

Policing in Kenya during Covid-19

Kenya’s policing history has for the longest time been partisan to the ruling regime. This has created a culture of brutality and disdain among members of the Kenya Police, towards members of the public whom they ought to protect and serve. Although the National Police Service Standing Orders provide that police officers shall be committed to the welfare of the public and shall maintain the highest professional and ethical standards in providing service to members of the public, recent practices and especially events that followed the Covid-19 containment measures prove the contrary. While the law makers may have been well intentioned, brutality cases on the part of the police in enforcing containment measures were recorded in several instances leading to injuries and deaths among many Kenyans, not least of which was the death in custody of our classmate Emmanuel Mutura and his brother Benson Ndwiga in Kianjakoma, Embu. Thus, this article argues that while Kenya boasts of an egalitarian transformative constitution, the most crucial entity that maintains law and order has maintained a retrogressive, non-egalitarian policing culture. Further, it advances the argument that in the long term, the police have to be trained in an egalitarian manner in order to achieve the true purpose of the Constitution of Kenya (2010).

Retrospective cohort study of acute behavioural disturbance in police use of force reports

BackgroundAcute Behavioural Disturbance (ABD) is a presentation of behavioural change which may conceal life-threatening illness. Concerns have been raised that it is used as a justification for deaths in custody and within the health and care system, but there is a lack of evidence exploring how the term ABD is applied in the UK. Aimsto establish how UK police officers apply force in ABD compared to other presentations, examine outcome and fatality data, and identify regional variation and potential systemic issues in the application of the term ABD in a UK setting. Methodretrospective cohort study of 562,280 police use of force (UoF) reports (England and Wales, Apr 2020–Mar 2021). Resultsdifferences were identified in UoF location, co-existing contributors to UoF, justifications given, patient demographics, methods of restraint, and outcomes. Differences were also identified in UoF reports per capita and identification of ABD between police forces. Conclusionwhile there are limitations to the data set and the paper is hypothesis-generating only, this study found evidence suggestive of variations in reporting practices between police forces, and evidence that identification of ABD appears to be associated with protective aims of UoF and more likely to result in a healthcare-focussed outcome. While the majority of ABD was identified in people perceived to be white men, some demographic criteria were associated with an increased relative risk that ABD was identified as a reason for UoF.

Unhousing the Archives Around theZong, Again

Unhousing the Archives Around the<i>Zong</i>, Again

From Love to Justice: Families’ Interrogation of Racial State Violence

This paper explores how love, grief and kinship operate in families’ struggles for truth and justice following a death in custody of a racialised person in England and Wales. Racialised people are disproportionately vulnerable to dying in police custody. Family experiences following a custodial death are characterised by difficulty in obtaining information, delays in processes, a lack of responsiveness from authorities and an absence of resolution. Love, grief and kinship form the initial springboard for families’ legal battles for justice, with women often taking leading roles in demanding state accountability through legal action and community-based campaigns. While kinship ties have traditionally been understood in mainstream scholarship as closing off family units and mitigating against principles of egalitarianism and solidarity, families’ justice campaigns challenge this narrative. Families can become politicised in the course of struggle, forming alliances with groups proclaiming broader antiracist goals. This paper reveals the subversive potential of love, grief and kinship in struggles for justice in racialised death in custody cases.