Lesson 5 - Dealing With Death

Question 1

How many deaths are there in scotland every year?

How many are police informed of?

How many should police be informed of?

Answer 1

58,000 deaths

6,000

2,000

Question 2

What is a Next of Kin (NOK)

Answer 2

A persons next of kin is usually their closest blood relative/ family member, not legally binding. Just identifies the person who is the main point of contact for PF and Police.

Question 3

What are the catacories of death?

M U P

Answer 3

Medical death - police involvment limited

Unexplained medical death - deceased’s doctor will be responsible for reporting it to COPFS. Doesnt always require police involvment. Police may assist in initial assessment of the circomstance but would not take the lead in an investigation. In the absence of suspition it would be classified as a medical death

Police reported death- responsibility of Police Scotland to investigate and report to COPFS all deaths which fall into the following catagory:

See page 4 for list

Police reported death

Question 4

Define homicide

Answer 4

“When a human being kill’s another human being. The victim must be self existent, not an unborn child. But, if the child has begun to breathe, it is immaterial that the death took place before complete delivery”

Question 5

What are the 2 types of homicide?

Answer 5

CRIMINAL - Murder and Culpable Homicide

The unlawful killing of a person by another is subdivided into Murder and Culpable Homicide, depending on both the intent of the accused and the circomstances of the case involved.

NON CRIMINAL- casual homicide and justifiable homicide

Non criminal side of homicide and is devided into two sections, casual homicide and justifiable homicide.

Question 6

Define murder?

Answer 6

Murder is a common law crime and is committed when a person kills another without necessary cause and where there is either:
•An intention to kill, or
•A wilful act so reckless as to show utter disregard for the consiquences

Question 7

Define culpable homicide

Answer 7

A crime at common law. It is committed by any person who unlawfully kills another person, where death is caused by improper conduct but guilt is less than murder.
Three ways to commit it:
•An intentional killing 
•A consequence of unlawful acts 
•Through undue negligence

Question 8

What’s the difference between murder and culpable homicide?

Answer 8

Often narrow.

A charge of murder is libelled in the first instance which may or may not be later reduced to culpable homicide.

Each crime has to be decided on its own merits.

Question 9

Define casual homicide

Answer 9

Casual homicide is non criminal and covers deaths by “misadventure” when there is no intent to cause injury and occurs whilst performing a lawful act in a proper manner. This does not include those cases where death has been caused by culpable negligence.

Mororist driving lawfully past parked cars when a child darts out and is killed

Question 10

Define justifiable homicide

Answer 10

Non criminal and is killing in circomstances where in the eyes of the law, the taking of life is a right and proper thing to do. Committed either when there is an intention to kill or an intention to seriously injure but where the circomstances free the killer of any blame.

If the killer can prove that he or she acted in self defence on the defence of another this would be justified but only if there was no other reasonable course of action to prevent serious injury and no more force was used the necessary in the circumstance.

E.g. woman being raped strikes rapist in the head with a stone killing them.

Question 11

See lesson 5 for “the process of dealing with death”