Liability and Wrongful custodial Death (232)

Liability and Wrongful Custodial Death
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Liability and Wrongful Custodial Death
Question 1
Wrongful custodial death occurs when an individual dies in police custody or in a correctional facility. This may be due to complacency by an officer on duty. An officer has the moral responsibility to ensure that the arrestee is in the right mental condition and does not pose a threat to himself/herself.
Wrongful custodial death claims can be based upon use of excessive force by the police (Ross, 2013). This can mentally shock the arrestee and therefore lead to unprecedented suicide. Some of the officers are also too physically aggressive towards the arrestee. If proven that an arresting officer was too aggressive towards an arrestee who has committed suicide then this forms a basis for wrongful custodial death.
Allegations can also be made that the deceased succumbed to death due to poor ventilation conditions while in custody. Restricting an arrestee’s posture by tight or wrong handcuffing can also form a basis for wrongful custodial death (Ross, 2013). All these actions by arresting officers may traumatize individuals being arrested hence they may contemplate suicide.
Police officers on duty are always required to be alert and observative so that in case of emergencies they can assist those detained. Failure to be keen on emergencies or even note other strange medical behaviors can lead to loss of life. Such negligence by officers also forms a basis for wrongful custodial death.

Question 2
To hold the defendant accountable for a wrongful death claim, the plaintiff must meet the burden of proof that the deceased would have met had he/she lived. They must prove that it is more probable that the defendant led to the death of the victim. Using negligence as an example, the plaintiff must show that the defendant had a responsibility to ensure the safety of the deceased and that the defendant breached this duty. This negligence of duty must be proofed to have directly caused the death of the arrestee. The plaintiff must also prove that the death left losses and damages which are expensive to repair.

Reference
Ross, D. (2013). Civil Liability in Criminal Justice (6th ed.). Anderson Publishing.