You are an investigator who has been assigned a case of elder abuse. The suspect has legal responsibility of care, custody, and control of his elderly mother, who is a victim of Alzheimer's disease. The suspect knows that the victim is prone to wandering aimlessly all hours of the night and day. However, the suspect neglects to lock the doors on a given night. The victim leaves the home around 2:00 a.m. and walks down the center of a major highway adjacent to the home. The driver of an approaching vehicle did not seen the victim soon enough to avoid hitting the victim. The victim was pronounced dead at the scene. You have been charged with the investigation to determine if the suspect may have caused the situation to occur. Question: What will you have to prove to be able to develop probable cause in this case?

Answer

To develop probable cause in this case, you will have to prove that the suspect had a legal duty to protect the victim from harm, the suspect breached that duty by failing to lock the doors, the victim's injuries were caused by the suspect's breach of duty, and the suspect's breach of duty was the proximate cause of the victim's injuries.

Q:What is elder abuse? A:Elder abuse refers to any form of mistreatment, abuse, or neglect that a senior citizen experiences at the hands of a caregiver or someone they should be able to trust.
Q:Who is the suspect in this case? A:The suspect is a caregiver who has legal responsibility of care, custody, and control of his elderly mother.
Q:What happened to the victim? A:The victim left the home around 2:00 a.m., walked down the center of a major highway adjacent to the home, and was hit by a vehicle, which resulted in her death.
Q:What is the role of the suspect in the situation? A:The suspect failed to lock the doors, which may have contributed to the victim leaving the home and entering a dangerous location.
Q:What do you have to prove to be able to develop probable cause in this case? A:You have to prove that the suspect had a legal duty to protect the victim from harm, the suspect breached that duty by failing to lock the doors, the victim's injuries were caused by the suspect's breach of duty, and the suspect's breach of duty was the proximate cause of the victim's injuries.