left to die

[carolanne]

What is the name of your state (only U.S. law)? Alabama

My question is: If a man was aware that his wife had taken an overdose. If she told him she knew she was going to die. and he did not call 911 or seek help. If she dies is he guilty of murder?What is the name of your state (only U.S. law)?

 

[Isis1]

What is the name of your state (only U.S. law)? Alabama

My question is: If a man was aware that his wife had taken an overdose. If she told him she knew she was going to die. and he did not call 911 or seek help. If she dies is he guilty of murder?What is the name of your state (only U.S. law)?

Why do you ask? Who are you?

Are you watching Law & Order?

 

[BOR]

Unless there is a "duty to rescue/aid" that would support a "statutory" element, murder is out.

Omission crimes are not too widespread in the US.

Common law murder does not exist in the US, except maybe, in some jurisdictions the "year and a day rule".

 

[carolanne]

no..it's not law and order.. My daughter was left to die while her husband and mother in law were present in the house.

 

[BOR]

no..it's not law and order.. My daughter was left to die while her husband and mother in law were present in the house.

I am sorry about your daughter.

If these facts were known to the police/prosecutor an no action was taken, you can bet there is no criminal liability.

For any possible civil remedy, if any, an attorney needs to be consulted.

 

[antrc170]

The only criminal act that may fit would be criminal negligence, which is a class 1 misdemanor. AL code doesn't define, so the general legal definition is used. An arguement could be made that if you were informed of an overdose and reasonable belief that the statement was true, failing to act by calling 911 or other medical attention would put a person at serious risk of injury or death.

criminal negligence - (law) recklessly acting without reasonable caution and putting another person at risk of injury or death (or failing to do something with the same consequences)

 

[carolanne]

Husband has admitted to a dozen people that she asked him not to let her die and he told her to go lay down he'd check on her. 7 hrs later he checked on her and she was dead.

 

[Banned_Princess]

Husband has admitted to a dozen people that she asked him not to let her die and he told her to go lay down he'd check on her. 7 hrs later he checked on her and she was dead.

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.

she did this to herself, she didnt get herself help, how was her husband and MIL supposed to know she was serious.

I dont think its their fault, but feel free to report to the police. the detectives and DA will decide if there is cause or not for charges.

Sorry for your loss.

 

[carolanne]

I found this while serching online for info: "If a person who sustains to another the legal relation of protector, as husband to wife, parent to child knowing such person to be in peril of life, willfully or negligently fails to make such reasonable and proper efforts to rescue him as he might have done with out jeopardizing his own life or the lives of others, he is guilty of manslaughter at least, if by reason of his omission of duty the dependant person dies"

And found case in Medical Lake, WA an 82 yr old man left his wife on the floor after she fell and couldn't get up on her own. She died after laying there for 10 weks! this was feb. 2009 he was released on bail of $200,000. did not find the outcome.

 

[Banned_Princess]

I found this while serching online for info: "If a person who sustains to another the legal relation of protector, as husband to wife, parent to child knowing such person to be in peril of life, willfully or negligently fails to make such reasonable and proper efforts to rescue him as he might have done with out jeopardizing his own life or the lives of others, he is guilty of manslaughter at least, if by reason of his omission of duty the dependant person dies"

And found case in Medical Lake, WA an 82 yr old man left his wife on the floor after she fell and couldn't get up on her own. She died after laying there for 10 weks! this was feb. 2009 he was released on bail of $200,000. did not find the outcome.

Have you already gone to the police?

 

[BOR]

And found case in Medical Lake, WA an 82 yr old man left his wife on the floor after she fell and couldn't get up on her own. She died after laying there for 10 weks! this was feb. 2009 he was released on bail of $200,000. did not find the outcome.

You live in AL though!

 

[cyjeff]

First, allow me to add my condolences for your loss.

The problem here is that a few things have to be in evidence before criminal action could be even proposed.

I have to ask difficult questions.

How do you KNOW he knew she had overdosed?
Was this claim something which she said a lot?
Did he see an empty pill container?
Had this situation happened before with different outcomes?
Were the drugs legal or illegal in nature?
Is the husband a medical professional?
What were the signs of the overdose other than her words?

 

[carolanne]

Yes I have. And the drugs husband claimed he saw her take? were not in her system. She didn't have anything other than her own prescription meds at theraputic levels. But when she died the coroner was told overdose and they requested no autopsy so one was not done. There's a lot more her than what husband and mil want others to believe.

 

[cyjeff]

Yes I have. And the drugs husband claimed he saw her take? were not in her system. She didn't have anything other than her own prescription meds at theraputic levels. But when she died the coroner was told overdose and they requested no autopsy so one was not done. There's a lot more her than what husband and mil want others to believe.

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.

 

[carolanne]

First, allow me to add my condolences for your loss.

The problem here is that a few things have to be in evidence before criminal action could be even proposed.

I have to ask difficult questions.

How do you KNOW he knew she had overdosed? He claimed she overdosed.

Was this claim something which she said a lot? Never before.

Did he see an empty pill container? No

Had this situation happened before with different outcomes?NO.

Were the drugs legal or illegal in nature?legal

Is the husband a medical professional?no

What were the signs of the overdose other than her words/ Husband said she appeared high.]