Using narrative to construct accountability in cases of death after police contact

Abstract

This paper examines the use of narrative verdicts in the coronial system in England and Wales to record findings in cases of death after police contact. It uses a dataset of 68 verdicts into such cases in the period 2004–2015. The paper considers how regulation is constructed in a way that makes complex cases comprehensible through narrative. The construction of these narratives is affected by legal structures, institutional structures, but also the structures imposed by narrative convention. The paper argues that the relationships between these structures affect what type of narrative is constructed in the aftermath of a death after police contact. It further suggests that devices within narratives enable the construction of a comprehensible narrative verdict in such cases.

Researching deaths after police contact: challenges and solutions

“…Secondly, multi-agency working in cases of DAPC is regularly criticised by juries in terms of 'failures' that lead to the deaths of individuals. Such deaths are usually seen to some degree as being caused by actions taken by the deceased, rather than failures by public services (Baker, 2015). Thirdly, and linked to the second finding, omission on behalf of public service workers involved in such deaths is noted in about half of the cases in the dataset, usually with regard to neglect.…”

“…Both articles note issues of incomplete data and uncertainty over exactly what data might exist on the issue of DAPC and the coronial system, much as I found in my attempts to access data on this issue in England and Wales (Baker, 2015).…”

“…The former relates to individuals dependent on substances who are detained and the processes used to monitor and manage their physical health whilst in custody. The latter relates to the disproportionate tendency of police officers to use restraint on individuals with mental health issues either during the arrest phase or the custody phase (Baker, 2015).…”

“…First, the term 'death after police contact' is a misnomer in that half of the deaths in the dataset involved at least one other public service in addition to the police, typically these are medical services, such as paramedics, accident and emergency departments, or mental health teams. Typically such deaths are viewed as the result of contact with the police alone (Baker, 2015). Secondly, multi-agency working in cases of DAPC is regularly criticised by juries in terms of 'failures' that lead to the deaths of individuals.…”

“…Thirdly, and linked to the second finding, omission on behalf of public service workers involved in such deaths is noted in about half of the cases in the dataset, usually with regard to neglect. Typically cases of DAPC are considered to be the result of actions taken by either police or the deceased, this finding suggests inaction can be just as causal in the death of a citizen after police contact (Baker, 2015). Such findings suggest that the formulation of policies to minimise future cases of DAPC should at least consider the role of other public services as a possible causal influence in such deaths, illustrating the richness of the narrative verdict dataset, much as noted by Coles and Shaw (2012).…”