left to die

[carolanne]

Drugs cannot kill you if they are not in your system in lethal quantities.

Therefore, your assumption that overdose occurred may not be accurate. Yes, there are drugs that are harder to detect than others...

But you wanted to know if he could be arrested for ignoring the overdose... apparently, no overdose occurred and, therefore, the question is moot.[/QUOTE

so maybe he killed her but claimed she overdosed? and that makes it ok?

 

[tranquility]

Yes, there can be criminal liability for a failure to act when the person has a duty to act. Here the duty is because of the relationship of husband and wife.

The facts here are difficult to discern, but there could be a homicide of some sort. The police would certainly already be involved if a person died of an overdose. However, most cases have the responsible person's failure to act form the necessary intent when the victim could not help themselves. That is where Banned_Princess' statement:

If your daughter felt that way, why didnt she call 911 or get herself help... how about not take the drugs? she sure could have done or not done a few things.

becomes relevant. The victim could have acted differently and helped herself. She did not. The husband would not, necessarily have the duty to continue checking until the moment of unconsciousness and then act. A doctor might, but, a husband?

Tell the detective in charge of the case what husband has been saying. Since there are a lot of fuzzy facts here and assumptions, no one can say if it could or should go further. Even if he were to be prosecuted, unless he supplied the drugs or helped her take them, it will be a heavy-lifting case for the state.

 

[cyjeff]

so maybe he killed her but claimed she overdosed? and that makes it ok?

I know you are hurting and so I will let that pass.

You didn't ask if he had killed her in another way.

You asked if he could be arrested for ignoring an overdose. The question has no merit because no overdose occurred.

If you are asking a different question, ASK a different question.

 

[carolanne]

You live in AL though!

yes i live in alabama but i would think a similar law would exists. we are all in the usa.

 

[cyjeff]

yes i live in alabama but i would think a similar law would exists. we are all in the usa.

State law is actually pretty unique to the state. While most have very similar statutes around particular crimes, the devil, as they say, is always in the details.

Are you saying that you believe your daughter was murdered? How long ago did she die?

 

[BOR]

yes i live in alabama but i would think a similar law would exists. we are all in the usa.

That is state specific to AL. As a "seperate sovereign", they can enact thier OWN criminal laws.

If it is not against the law in AL, it matters not if the other 49 say it is under thiers.

 

[Banned_Princess]

yes i live in alabama but i would think a similar law would exists. we are all in the usa.

No, laws between states are much different.

In your daughters case (as opposed to the news story you found) was the old lady could not have helped herself at all. she was on the floor, could not move, her call for help, was her literal call for help.

your daughter 1. took an alleged overdose. 2. told her husband not to let her die then she 3. got up, went to bed, where she died.

you cannot prove husband knew anything, you cannot prove he believed her, knew she was going to die, watched or administered the fatal dose. you just cant prove anything other then she in fact died.

Your daughter had the duty to protect herself because she could. she could have called 911. instead of going to bed, she could have gone to the phone. her call for help, would have been a phone call to 911.

 

[cyjeff]

For the record, the OP has stated that the decedent's bloodstream showed no sign of overdose.

 

[Banned_Princess]

For the record, the OP has stated that the decedent's bloodstream showed no sign of overdose.

Exactly, so if she cant even prove that, how can she even begin to think she, or anyone else, can pin it on the husband. ??? ???

 

[tranquility]

The duty is based on common law (Although some states have codified it.) and has to do with intent. While there may be a case on point, that is why there will be heavy lifting involved. Such cases tend to be sui generis and would probably be easy to distinguish. There will be many issues and it really would get down to what a jury would decide the specific facts are.

 

[cyjeff]

The duty is based on common law (Although some states have codified it.) and has to do with intent. While there may be a case on point, that is why there will be heavy lifting involved. Such cases tend to be sui generis and would probably be easy to distinguish. There will be many issues and it really would get down to what a jury would decide the specific facts are.

I still have not seen the OP post anything that states that the death wasn't completely natural other than her own suspicions.

That is why I asked about the timeline.

 

[carolanne]

State law is actually pretty unique to the state. While most have very similar statutes around particular crimes, the devil, as they say, is always in the details.

Are you saying that you believe your daughter was murdered? How long ago did she die?

yes i believe she was murdered.

 

[cyjeff]

yes i believe she was murdered.

Okay... this is starting to become a bit annoying.

State, in as clear and concise version as you can, the method in which you believe your daughter was murdered.

It wasn't through drugs... there weren't any unknowns or large quantities of knowns in her system.

Therefore, you must believe there was another method. What is that?

If you say you don't know, then you have a real problem. If you cannot articulate a probable method of murder, convincing a court that it WAS a murder is going to be impossible.

Again, when did your daughter die?

 

[carolanne]

Drugs cannot kill you if they are not in your system in lethal quantities.

Therefore, your assumption that overdose occurred may not be accurate. Yes, there are drugs that are harder to detect than others...

But you wanted to know if he could be arrested for ignoring the overdose... apparently, no overdose occurred and, therefore, the question is moot.

Actually it would not be moot if husband claims he believed she took overdose and he admittantly waited 7-8 hrs to check on her. He claims to believe she overdosed and chose not to get medical attention.

 

[carolanne]

No, laws between states are much different.

In your daughters case (as opposed to the news story you found) was the old lady could not have helped herself at all. she was on the floor, could not move, her call for help, was her literal call for help.

your daughter 1. took an alleged overdose. 2. told her husband not to let her die then she 3. got up, went to bed, where she died.

you cannot prove husband knew anything, you cannot prove he believed her, knew she was going to die, watched or administered the fatal dose. you just cant prove anything other then she in fact died.

Your daughter had the duty to protect herself because she could. she could have called 911. instead of going to bed, she could have gone to the phone. her call for help, would have been a phone call to 911.

actually i don't know that she got up and went to bed or that she could have called for help. all i know is what the husband claims.