WHAT YOU NEED TO KNOW WHEN (BEFORE)
AN INMATE DIES IN PRISON OR WHEN RELEASED

All deaths in custody are a concern to The Wrongful Death & Injury Institute. When family members are notified by the Department of Corrections of an inmate death, it's essential that families understand what authority they have with respect to all issues surrounding the deceased inmate's body and his/her personal belongings.

All too often prison deaths are swept under the rug by the state Departments of Correction. This practice is widespread in order to prevent information from being leaked to families or to the public. As a result, poor, biased and ineffectual death investigation results with no recourse by family members. Evidence is often lost or destroyed by the Departments of Correction or healthcare providers that would support questionable practices, policies and procedures.

The Wrongful Death & Injury Institute monitors inmate deaths. We have three goals

  1. Enhance family awareness and consult with families regarding key documents that should and should not be in place for the benefit of the inmate.
  2. To consult with and guide families who must make 'quick' decisions when dealing with the State departments of correction.
  3. Research death investigation practices within the State Departments of Correction as well as, the State Medical Examiner systems as contract vendors.

It's absolutely crucial that families realize and understand:

  1. Their authority regarding the control of the deceased inmate's body.
  2. The scope of authority by State departments of correction upon an inmate's death---that is, where it stops and where the family's begins.
  3. The issue of funeral home liability.
  4. The issue of second autopsies.
  5. The issue of the inmate's personal belongings.
  6. What to state to the department of corrections in your conversations with them regarding the inmate's death.

It is vital that families understand the steps that need to be taken immediately when notified of an inmate death.

The Wrongful Death Institute & Injury Institute's consulting services provide much needed information and guidance regarding inmate deaths, investigation of those deaths, state autopsies and second (forensic) autopsies.

If you have been notified of an inmate death or death is imminent for an inmate there are specific issues you must address. There are specific questions you need to ask. There are certain things that you should and should not do.

Following is key information you initially must have to insure evidence and procedures are in your control. This partial list is provided only to insure family control of the deceased's body. We then encourage you to contact us immediately.

Do not agree to allow the Department of Corrections to "take care of the inmate's funeral arrangements". This is a tactic that is used on families that do not have the finances to bury their loved one. Inmate deaths are often sudden and unexpected. Funerals are expensive. State departments of correction are fully aware of this fact. If the department of corrections offers to handle the funeral arrangements for you, say no. Their offer is not out of concern or due to a charitable event. There is a hidden agenda in their offering to do so. Specifically:

  1. If you allow the department of corrections to handle the funeral arrangements, if you sign a cremation order or a burial order, you automatically lose all rights to the deceased's body. It will now be in the control of the department of corrections.
  2. The inmate's correctional and medical records, their personal belongings and effects will also be the property of the State department of corrections. You have no right to have them.
  3. You will not be allowed to bury your loved one.
  4. You will not be allowed to know where the department of corrections buries him/her. You will never be able to visit their grave because you will not be told where it is.

It is important that you contact The Wrongful Death & Injury Institute for guidance and information when notified of an inmate's death.

What you don't know could very well prevent you from ever knowing key information.

email: Wrongful Death & Injury Institute

Copyright © 2008 Karen L. Russo - The Wrongful Death Institute & Forensic Science Associates. All Rights Reserved. These articles or pages may not be copied, transmitted, forwarded, reposted, or republished, in whole or in part, electronically or in any other format, without express written permission. This is not a solicitation for legal business. The Institute is not engaged in the practice of law. Mere contact through this website does not constitute a contract for representation. Wrongful Death Institute pages are designed and maintained by Four Boys Inc.