Prosecuting the Dead

Posthumous prosecutions! We’re such a litigious people it’s almost believable of 2025 America, but no: this is another one of those incredible feats of folly that history holds in such abundance.

We do still have some present-day posthumous court activity, to be sure — exonerations and pardonings happen even today, mostly for the sake of families and survivors, often for the purposes of clearing someone’s name or clarifying estate matters.

One of the most famous examples of trial of a corpse is that of Joan of Arc in 1431, who was burned at the stake for heresy. A “nullification trial” cleared her name of any wrongdoing. Jim Morrison of The Doors was pardoned by the State of Florida in 2010, almost 40 years after his 1971 death in a move seen by family and some surviving bandmates as no less politically motivated.

But what of the extreme position of taking a corpse — fresh or otherwise — to trial, setting them upright as witnesses, and convicting them of this or that, then punishing the decomposing remains?

Once upon a benighted time, yes, it happened.

The cadaver synod

Trials of the dead where the corpse was found guilty and punishment imposed were typically politically or religiously motivated. If found guilty, penalties were often bizarre and severe; extreme fines, for example, and in at least one case, partial dismemberment.

Courts tried corpses to confiscate estates, destroy legacy and name, or impose a verdict that couldn’t stick when the “convicted” were alive.

An especially infamous example is Cadaver Synod of the late ninth century. 9 months after his death, Pope Formosus’s rotting corpse was exhumed, dressed in vestment robes, propped n a papal chair in Rome, and made to “answer” for his crimes, a debacle that has been called “political theater.” Found guilty, had his status as Pope revoked, and the three fingers used in blessings amputated. His remains were tossed into the Tiber River.

The year was 897.

Exhumation and legal issues

Exhumation is the main channel by which the bodily involvement of the departed in our legal system happens in the 21st century.

For death-care professionals, the implications are legal and practical: exhumation orders can arrive with little notice; there can be reams of paperwork and a strict chain-of-custody requirement. Handling procedures are documented. Transport to forensic labs happens within regulations, by certified means. Logistics become more involved for fragile remains, those interred in a family plot, and the embalmed. There may be elaborate coordination necessary as you juggle cemetery managers, forensics officials, procedures, and the needs of affected family all while preserving the dignity of the deceased.

Today’s dead may not be litigants in the modern sense, but bodies are still often the most important evidence in legal proceedings… they just don’t take the stand anymore.

Restlessly Dead: Cadaveric Spasm

Sometimes they shift. Some huff or groan. It’s expected… sort of; over time, studies have revealed that cadavers are more “restlessness” than we thought.

Movements follow generally predictable patterns: excitability in the muscles that lasts a few hours after death, bloating and gas expansion, fluid drainage, gravity. A recent Australian body-farm study even observed recently that contraction of drying ligaments could shift cadavers several feet.

A bit freaky… but not mysterious.

Cadaveric spasm

At least one mystery does persist, though.

Half myth, widely doubted, and seldom documented at all is the apparently instantaneous rigor dubbed “cadaveric spasm,” in which the dead clutch objects tightly with their hands, arms and, in one case, lips; the phenomenon seems to occur under conditions of violent, sudden death.

How and why it happens is not understood. Some theorize that it’s a result of rapid ATP depletion due to extreme fear or stress —  that ATP is rapidly depleted during the moment of extremesis in a violent death, causing the near-immediate stiffening that locks the body into its last pose. 

Others speculate that extreme brain trauma may be a factor. It’s been suggested that the spasm is a form of decerebration rigidity — the severance of the brain’s cortex control from the brain stem and spinal cord. 

Stiffening naturally occurs with this injury in living victims in specific ways (clenched jaw, arched back, extended arms, stiff legs). Once the connection from brainstem to cortex is broken, this is how the brain stem reflexes kick in. These are all completely involuntary movements, pure reflex driven by an incomplete nervous system. They’re not unlike other residual charges of brain and muscle, lung or limb, dispersed elsewhere, isolated from life, unmoored from purpose. Unsettling echoes.

But theories all; no proof. It’s unpredictable, so it’s controversial. Once upon a time it was simply denied outright, but cases of the phenomenon exist all the same.

Not the rigor mortis we know

Perfunctory rigor mortis respects a schedule. Cadaveric spasm does not. Whatever’s happening in cadaveric spasm seems as whiplash violent as the death that triggers it. CS ruptures the delicate chemistries of death as we understand it, fast and furious as a drive-by.

Whatever rules this turf, trauma or terror, hasn’t left traces we can track yet, and the dead aren’t talking. For now. And whatever it is, it follows its own undisclosed rules and doesn’t provide answers.

Historic Cemeteries, Modern Opportunities

CANA Convention Highlights Cremation Memorialization with Mount Auburn’s Regina Harrison

As it has steadily become the most popular form of disposition in the US and Canada, cremation has an unearned reputation as a no-frills alternative to burial. Members of the Cremation Association of North America(CANA)believe this could not be further from the truth. They know cremation offers opportunity for creativity and personalization, even in the most historic spaces. At CANA’s 107th Annual Cremation Innovation Convention in Phoenix this August 6-8, 2025,you can see how Mount Auburn Cemetery is seizing this cultural moment to think creatively and sustainably about cremation as permanent memorialization—and communicate this to the families it serves.

Founded in 1831,Mount Auburn Cemetery in Cambridge and Watertown, Massachusetts, pre-dates the use of modern cremation–but that doesn’t mean the organization has been restrained by past tradition. In her session, Historic Cemeteries Facing the Future(sponsored by Passages International), Mount Auburn’s Director of Sales, Regina Harrison, shares how the cemetery offers a wide selection of cremation burial options. These range from simple, unmarked direct-earth interment to centrally located premium graves, meeting a variety of customer needs and budgets. She’ll show you how these solutions can work for you and your families, too.

“Memorialization is a deeply personal choice, and there are many reasons why a family might have chosen to set a monument, to share a monument with others, or to forego a monument altogether,” Regina notes. “People are often surprised that historic cemeteries still have space available, but the growing popularity of cremation provides the perfect opening to introduce unique burial and memorialization opportunities.”

With over 15 years at Mount Auburn Cemetery. Regina’s background in anthropology and natural preservation informs her service to families and engagement with the community. She leads cultural change by bringing her experience on meeting customer needs and enhancing cemetery landscape, balancing ideas about sustainability and grave maintenance with the concept of perpetuity. She will share preliminary results of Mount Auburn’s research into the impact of various forms of disposition, burial, and memorialization as they look to the future.

Finding creative solutions for your organization’s continued growth takes center stage in every session:

• In the keynote, Joan Fox, President of Inspired Solutions, asks Are You Creating or Killing Customer Loyalty?, and shares why customer satisfaction is an inadequate goal, how company culture and customer loyalty are connected, and what strategies measure customer loyalty to grow your business.
• Take a close look at Ethics in Cremation: A Colorado Case Study with Faith Haug, Program Director of Arapahoe Community College Mortuary Science Program, and explore three pivotal cremation cases and how they directly influenced Colorado’s funeral service laws and public trust.
• Two experts take the stage to share Data-Driven Digital Marketing Fundamentals with advice to build your business. Scott Jensen, Co-owner of FirstCall Marketing, offers Steps to Take to Know If Your Marketing is Working or Not. Then, Zack Moy, Co-founder/CTO of Afterword, guides you through The Efficient Funeral Home: A Data-Driven Look at Technology Implementation.
• Succession planning and driving enterprise value should always be top of mind, so Jake Johnson, President & CEO of Johnson Consulting, will show how to Exit with Success: Succession Planning and Your Business.
• Barbara Kemmis, Executive Director of the Cremation Association of North America and Chance Parker, Chief Research Officer of Fortitude Research + Marketing, present the Cremation Practitioner Benchmarking Study of insights into current practice and provides strategies to address future challenges.

Do Animals Understand Death?

Do animals understand death? Substantial research so far indicates that the answer is probably yes. Many species share humans’ basic neurochemical profile, which means we have certain emotional structures in common. Studies of  primates with offspring show neurological activity similar to that of the human brain experiencing love – a foundation which could translate to other cognitive similarities.

Certainly reactions to death range widely, sometimes driving other members of a species away, potentially a fear-based response, but research also documents what looks like empathic recognition of loss. 

Elephants in particular are responsive to the remains of their own dead, gathering around a body in groups, even caressing severely decayed remains gently with their trunks. Their graveyards have amazed humans for years, as does their tendency to return to them to visit the remains there. 

Mother gorillas may carry their own dead, mummified infants for weeks, grooming the remains. And marine animals like dolphins and whales appear to care for not only their dead, but also their injured and ill (a phenomenon called epigenetic behavior). Many animals also appear to mourn.  

Higher-ordered thinking

These are, by the way, all species with substantial brain volume. Their neuroanatomy shows some well-developed features similar in function to our own, specifically in the neocortex, which humans use for cognition and consciousness. 

Dolphins and apes show a high encephalization quotient (EQ), a measurement comparing the actual size of their brains’ neocortical volume compared to what would be expected for their body size (that is to say, their brains are larger than we expect them to be). Whales and dolphins also possess a complex, folded cerebral neocortex (the brain ridges and fissures we call neocortical gyrification) – the part of the brain that processes language, information from our senses, and social skills. It’s far more elaborate in them than in any primate… including humans. They’re likely more talented thinkers than we are. 

More than Instinct?

Interpretations vary. Instinct is, obviously, a powerful motivator in creatures of every species, but behavior consistent with the drive for survival and its protection shouldn’t, on its own, imply awareness of death. What a human might see as an empathetic gesture could be simply be an instinct we can’t understand properly in the social context of another species.

Even so, the possibility of an animal’s recognition of a dead animal as permanently lost, and their responding to that loss emotionally, is not far-fetched. It’s useful to recall, for context, the extreme similarity of our own DNA and genetic material to the rest of life in the natural world. While it’s true enough that there are vast differences between us and other creatures (see our inability to fly, breathe underwater, regenerate severed limbs, or grow 8 inch incisors), we nevertheless share 99 percent of our genes with primates, and a full 60% — more than half of what makes us up as living beings — with fruit flies. Scientists devote whole labs for the study of the modest fruit fly specifically because their biological processes are so similar to ours, so let that be a lesson to you. And — perhaps not really difficult to accept these days – we share a full 50% of our genetic material WITH ACTUAL BANANAS. Which explains a lot. 

Comparative Thanatology

This question of the different ways Creation’s Creatures respond to death is such a prevalent source of inquiry that it has its own field: Comparative Thanatology. It’s a prudent pursuit —  given death’s ubiquitous presence in nature and the clear evolutionary advantages of possessing the concept of fatality on some level for survival’s sake creates a case for built-in capacity of its recognition in evolutionary terms.

Even if we label it an instinct of preservation, ultimately the animal kingdom’s many elegant, multilayered species know death when they see it, as much as we do – a detail which is also an existential unifier. 

It would be shortsighted indeed not to interpreted such insight, however variously it many manifest, for the profound statement it is about what makes us all, fundamentally and effectively, similar as living beings.

PlotBox Celebrates 10-Year Anniversary

17th Dec 2024: Leading deathtech platform PlotBox celebrated its 10-year anniversary last week at a glittering event held in Portglenone near their hometown of Glenone, Co. Derry, N. Ireland. Joining PlotBox staff were long-standing friends, family, colleagues, and partners who have contributed to the company’s success.

Messages of congratulations were also received from PlotBox’s global customers, spanning the United States, the UK, and the APAC region.

Speaking at the event, PlotBox CEO and co-founder Sean McAllister said,
“Leona and I are so proud to share this evening with the people who’ve helped to make PlotBox the success it is today. Tonight is about celebrating what we’ve achieved over the past decade. Together, in no small way, we’ve helped to transform how deathcare services are delivered around the world.

This year, we’ve achieved record sales; we’ve onboarded a record number of Enterprise customers; we’ve successfully partnered with one of the largest organizations in the deathcare profession; we’ve been recognized as an IT Supplier of the Year; and we continue to attract the best talent from around the world.

All of these things help us to proactively plan for the future, moving forward together to continue to help cemeteries, crematories, and funeral homes to excel. And we couldn’t do it without all of you. Here’s to the next ten years.”

PlotBox was founded in 2014 by Sean and Leona McAllister, having carried out a mapping project for their local parish of Greenlough, Co. Derry. Using new drone technologies and surveying techniques, they realized there was an opportunity to solve the mapping problems for cemeteries in Ireland and the UK.

The ambitious startup soon looked towards the US, disrupting the deathcare market with the world’s first cemetery management software solution to integrate digital mapping with a back office software system. The business grew exponentially over the next ten years, a journey including a string of awards, accolades, and partnerships that have seen PlotBox become the world’s leading supplier of deathtech services.

Experts on the ground across each of their markets are supported by a 120-strong multidisciplinary team, providing customers with the same level of exceptional support both globally and locally. A recent investment of £5 million ($6,346,000) by Guinness and Par Equity has further helped to support PlotBox’s strategy for growth, increasing its footprint across North America and the APAC region, while looking at new opportunities across Europe and South America.

PlotBox CCO and co-founder Leona McAllister said, “Our mission remains the same today as it did from day one – to help take away some of the pain in dealing with death for families and those that serve them. It hasn’t always been easy – growing such a large, dedicated team takes resolve, and not a little sacrifice, but it’s been a privilege to be able to develop solutions that make a real, positive impact on people’s lives.

Thank you to those who have supported us from the beginning, including our friends, families, partners, and amazing team.”

PlotBox is the innovative cloud-based deathcare management solution that helps cemeteries, crematories, and funeral homes to excel.

The PlotBox platform empowers Deathcare Operators to provide compassionate, seamless services that ease the pain of loss and enhance the experience for Families. This enables customers to serve better, save time, increase revenue, reduce risk – and sustain long-term growth.

The 120-strong company is headquartered in Northern Ireland, with on-the-ground teams in the United States and Australia. This means the growing multidisciplinary team can consistently deliver exceptional levels of service, both globally and locally.

PlotBox is more than a vendor. They are a dedicated partner focused on each customer’s success – and the families they serve.

Two Types of Death

When someone says “brain death”, pretty much everyone understands. Some death is reversible, some not; brain death is the sort that isn’t, not usually. Most people are already superficially aware that in some cases – heart attack or stroke, drowning or smoke inhalation, for example — death isn’t necessarily  an instantaneous, non-refundable commitment. Modern medicine has achieved a degree of fluency in its lifesaving measures such that privileged societies may now take for granted that death needn’t always be accommodated. It need not be permanent. With proper skill and technique, death can be – in rather commonplace ways – easily undone. Just not every death.

What status of death qualifies for impermanence? Is there really a formal difference between “brain death” and “regular” death?

“Regular” death

Cardiopulmonary death is the reversible one: someone has stopped breathing, or their heart has stopped beating; the body isn’t getting oxygen to the cells on its own. When the blood cannot deliver oxygen, death follows rapidly, but if the job gets done somehow anyway through CPR or mechanical intervention, this is the returnable kind. It’s also the most common way to go; of all deaths, 97% will fall into this category.

There’s no standard minimum for revival duration attempts, if you’re wondering. Physicians, EMTs and other responders may average 20 to 30 minutes for resuscitation efforts but a lot depends on the nature of the trauma and the circumstances as well as the individual being worked on; many do try for longer. The longer it takes to revive a person, though, or the more times resuscitation is necessary, the greater the potential that brain death will develop.

Brain death

Brain death can be trickier to determine because specific functions throughout the brain — but not all — must be shown to have ceased their function, completely and irreversibly.

Laws and guidelines vary by country and, within the US, by state. In cases of organ transplant, multiple doctors must declare brain death individually.

Brain death is precarious territory. There are ethical, medical, and legal implications that go along with the declaration, and the gradual, step-wise progressing nature of the death of the body following brain death can create an illusion of mortal endurance, which often create confusion for the family. It’s not unusual for people to think coma and brain death are the same (coma patients are “profoundly unconscious” but do have brain activity.).

The appearance of life has not ended, but critical functions are failing: hormones necessary for vital organ function aren’t produced. The body cannot thermoregulate. Normal blood pressure cannot be maintained. Critical business is being missed; the center cannot hold. When the body has lost the “integrated functioning of the organism as a whole,” a scientific standard defining life across the biological spectrum, it has lost all vital momentum… as proper a death as can be.

Homesteaders Honors Outstanding Employees

West Des Moines, Iowa — Homesteaders Life Company, a national leader in preneed funeral funding, recently  announced the winners of its annual Homesteaders Heroes program. The peer-nominated awards recognize  employees who demonstrate Homesteaders’ mission and make an impact on the success of the company and its customers.  

“This year, we were excited to have nearly 70 nominations submitted by employees in recognition of their  colleagues’ contributions to Homesteaders,” said Tonja Clark, Homesteaders SVP-Human Resources.  “Homesteaders Heroes is an opportunity for employees to nominate team members for living our core values. It is  a reflection of our culture that encourages teamwork and respect for what each of us bring to the table every day.”  

Homesteaders Heroes award winners were named in six categories: 

Rising Star Award – Ryan Goins, Senior VP-Finance & Accounting 

This award recognizes an employee who demonstrates eagerness to learn, commitment to Homesteaders and  engagement with the company and peers early in his or her career.  

“We had high expectations for Ryan in his new role at Homesteaders, and I’m happy to say he has not only met  those expectations, but so far has exceeded them,” noted one of his nominators. “What I admire most is his broad  skill set and base of knowledge that have direct application to the many new things we’re encountering here at  Homesteaders.” 

Innovation Award – Kyle Wiener, Manager, Application Delivery 

This award recognizes an employee for the successful implementation of a new or updated product, service or  program that results in a measurable improvement in the company’s performance, processes or brand strength. 

“The thing I admire most about Kyle is his determination,” remarked one of his nominators. “He is more than  willing to go out of his way to help a coworker or a client. And once he has his mind set on something, no amount  of hours or distractions will get in the way of him accomplishing his goals.” 

Outstanding Teamwork Award – Aimee Rodgers, Actuarial Associate 

This award recognizes an outstanding team member who has demonstrated enthusiasm, cooperation, problem solving skills, commitment to success and a consistently positive attitude. 

“Aimee is always willing to help out and is conscientious when involved with time-sensitive tasks,” shared one of  her nominators. “She treats internal and external customers with respect and is dedicated to addressing questions  and issues in a timely manner. Teammates know that Aimee can be counted on to provide honest and helpful  feedback.”

Inspiring Leadership Award – Tom Doruska, Senior VP-Chief Actuary 

This award recognizes an employee who has shown incredible leadership skills and can be described as inspiring,  decisive and visionary, yet humble and willing to give credit to others.  

“I appreciate Tom’s insights and continue to learn from him as he shares ideas and feedback,” explained one of  his nominators. “The success of our newer team members is very important to him, and he seeks projects that will  help them develop and grow.” 

Enduring Impact Award – Scott Zumbach, Director-Marketing Organizations 

This award recognizes an employee for a significant, long-term contribution or body of accomplishments to  Homesteaders that make a lasting impact on the company’s success. 

“Scott’s unwavering commitment to Homesteaders and our funeral home and marketing partners is nothing short  of extraordinary,” described one of his nominators. “Over the years, he has consistently gone above and beyond,  dedicating countless hours and boundless energy to these important relationships that have not only achieved  success in the short term, but have also laid the foundation for where we are today.” 

Unsung Hero Award – John Hale, Facilities Manager 

Making its debut for the 2024 Homesteaders Heroes awards, the new Unsung Hero award honors employees who  go above and beyond their job responsibilities, contributing significantly and often working behind the scenes. 

“What I most admire about John is his patience and his honesty,” one of his nominators said. “His job does  change every day, and he just seems to take it in stride.” 

The Homesteaders Heroes program is one of the ways the company recognizes employees for teamwork,  outstanding job performance and demonstrating their core values: be your best, serve boldly, be humble and care. Homesteaders was recently named a 2024 Top Iowa Workplace, marking the tenth consecutive year it has earned  this distinction. 

To learn more about Homesteaders’ workplace and career opportunities, visit homesteaderslife.com/careers. 

Homesteaders Life Company, a mutual company owned by its policy holders, is a national leader providing  products and services to help people design a better farewell. Visit homesteaderslife.com to learn more. 

Does Grief Accelerate Aging?

Yes, indeed – getting old before your time is a real thing, and losing someone precious can leave one more vulnerable to it.

A recent study suggests that experiencing the loss of a loved one can cause greater biological age in grieving survivors. “Biological age” here refers specifically to the body’s efficiency in particular ways, including cell resiliency and overall tissue and organ function. Youth’s optimal performance naturally declines year to year, decade to decade – a normal aspect of the aging process. The result of this decline in function is frequently development of chronic health conditions and diseases.

Grief’s impact on psychological and overall health has long been known, but this study is among the first to focus on impact on the processes of aging.

Evidence says

A Cambridge study followed a selected group though youth into adulthood and monitored health responses to losses.

Researchers look at highly particular, specific ways our genome changes as we age. Using mathematical models called “epigenetic clocks,” DNA can be measured for certain values at specific points. These points along the genome change reliably, with expected values at different stages of life.

The readings of those who had endured significant losses were comparable to those typical of chronologically older individuals.

While loss at any age can accelerate ageing, effects can be particularly severe for those affected during childhood and young adulthood – critical phases of emotional and cognitive development. And experiencing profound personal loss early (such as the death of a parent or sibling) can have extreme results that affect health negatively over time and throughout life.

Accumulation of loss

Results also shows greater effects on those who have experienced multiple losses (“accumulation of losses”), which appear to have significant effects at any age. The damage done can be permanent and do not seem to diminish over time.

Conditions associated with losing a very closed loved one include dementia, cardiovascular disease, and cognitive and other mental health disorders. The same have likewise been associated with experiencing the loss of multiple close relationships, with added increased risk of mortality.

It’s long been understood that the loss of a spouse after a lifetime together can result in the sudden death of the surviving spouse, a phenomenon experts call “the widowhood effect.” It goes along with the stories of death by broken heart, which can (but doesn’t have to be) fatal, and can be brought on by profound grief caused by any number of other types of loss… not just the death of a beloved.

The exact mechanisms of how grief can cripple even the youngest of us in unique ways, turning us frail before our time, aren’t perfectly understood yet, but science is working diligently to catch up to what many of us would prefer not to understand about the acute, often overwhelming powers of grief.

Social Connection and Recovery

Virtual Funeral Professionals Peer Support Meeting in September

WHEELING, IL— Since 1989, September is designated as Recovery Month to raise awareness about treatment for substance use disorders, reduce stigma of those suffering, and celebrate those in recovery. That’s why this month’s virtual Funeral Professionals Peer Support meeting on Tuesday, September 17, 2024 at 8pm ET / 7pm CT / 5pm PT provides space to share stories of struggle and recovery and learn more about this all too common experience. 

Surveys show that over 65 million US adults consider themselves in recovery from substance use and/or mental health issues. Christopher Matthews, CLC, APR, CFSP, will facilitate the September Funeral Professionals Peer Support meeting to discuss the effect of substance abuse on funeral professionals today with a focus on growth, resilience and skills to support those struggling with these common, but often unspoken, concerns. 

With more than 130,000 deathcare professionals working in the United States today (US Bureau of Labor Statistics, 2024) – many of them exposed to trauma daily – the need for support and interdependence in recovery is great. Matthews hopes to provide a fresh, personal perspective and tools to help spot and support funeral professionals in need to the road to recovery.

Building social supports and a caring community is essential for recovery. Connect with your fellow funeral professional peers on Tuesday, September 17, 2024 at 8pm ET / 7pm CT / 5pm PT via Zoom link at cremationassociation.org/peersupport. No registration is required, simply follow the link to join.

About Funeral Professionals Peer Support

Funeral Professionals Peer Support Group is committed to providing support, healing, education and knowledge to funeral professionals. They promote wholeness and wellness by uniting funeral sector professionals through a Canada-wide network of regional organizations offering support, information and resources within their community. 

About CANA

Founded in 1913, the Cremation Association of North America (CANA) is an international organization of over 3,500 members, composed of funeral homes, cemeteries, crematories, industry suppliers, and consultants. CANA members believe that cremation is preparation for memorialization.