Page 36 - CFDI Guide
P. 36

The decedent had cancer and died by shooting himself.



          These may seem to be semantics; however, they are very specific and too often misunderstood by those

          who read death certificates without having been qualified to certify deaths. These also manipulate,
          intentionally or not, the statistics. It is very important to note these key words – whether on death

          certificates and reports, or within statutes and elements of criminal charges. Related to this are the
          Manners of Death.



          As in previous course lectures, some deaths can be any of the Manners of Death. For example – a drug

          overdose will not be Natural, but may be Accident, Suicide, or Homicide (and Undetermined); or,
          pneumonia may be Natural or Accident (most often – others by rare circumstances). Why is this? It is the

          circumstances – Cause – of death. If a person dies of a drug overdose and the circumstances indicate
          unintentional – Accident; if intentional – Suicide; if by intentional by another person – Homicide. Similarly,

          pneumonia is a natural medical occurrence; however, the circumstances may not be. If the person gets
          sick and then develops pneumonia resulting in death – Natural; if they were in a motor vehicle collision,

          hospitalized and developed pneumonia resulting in death – Accident; if they were the victim of an
          intentional act by another person, hospitalized and develop pneumonia – Homicide. These may not be the

          legal findings in statute – these are the medical Manner of Death. It is important to follow the
          circumstances of death to determine any criminal defense investigation protocols. This would include

          confirming the circumstances did cause the death, and if any act was intentional or not. This analysis

          applies to the death certificate, autopsy report, investigative reports, and criminal charges – the full
          investigative process.



          Why else is this important to the CFDI? A person may be at a criminal event, but not in the criminal event.

          A person may be in the criminal event, but not involved in the criminal event. A person may be involved in
          a criminal event, but the death or injury event may not be criminal. Put another way: a defendant or victim

          may be in a house when a fatal or non-fatal shooting takes place; or a defendant may be in the house and
          shoot the victim; or a defendant may be an intruder or the homeowner, as may be the victim; or it may

          not be a home invasion, but mistaken identity of persons or even addresses.



          III.  WHAT IS DEATH / SBI INVESTIGATION?
          As introduced in the prerequisite Death / SBI course, deaths fall within Natural causes and ‘Other’ causes;

          SBI cases also do for a surviving victim. The CFDI will often be consulted to review and analyze these cases
          as part of the defense team and strategy. First – conducting and completing an investigation to determine

                                                    24 | P a g e
   31   32   33   34   35   36   37   38   39   40   41