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Coroner

CORONER

An official of amunicipal corporationwhose designated functions include the investigation of the cause of any violent or suspicious death that takes place within the geographical boundaries of his or her municipality.

The office of the coroner was established at common law and was one of great dignity since coroners dealt primarily with pleas concerning the crown. In the early 2000s, statutes establish the terms and procedure of the coroner's office, which has been replaced in some states with the office of medical examiner.

The main function of a coroner is to conduct inquests, but other powers and duties may include the duty of acting as sheriff, in the event of the sheriff's incapacity, as conservator of the peace, or as magistrate. The duties are considered to be either judicial, ministerial, or both.

Holding Inquests

The purpose of an inquest is to gather evidence that may be used by the police in their exploration of a violent or suspicious death and the subsequent prosecution of a person if death ensued from a criminal act.

An inquest is not a trial but rather a criminal proceeding of a preliminary, investigatory nature. It is not a criminal prosecution but may result in the discovery of facts justifying one.

Statutes mandate that whenever there exists reasonable ground to believe that a death resulted from violence, unlawful means, or other mysterious or unknown causes, an inquest must be held. Death by disease, natural causes, negligence of the deceased, accident, or suicide does not warrant the commencement of an inquest, unless statute so requires.

A coroner should not arbitrarily or capriciously hold an inquest. The presumption is that when a coroner decides to hold an inquest it is made in exercise of his or her sound discretion, in good faith, and for sufficient cause. Most statutes require that a coroner make a preliminary inquiry into the cause of death before summoning a jury.

Time and Place The general requirement is that an inquest be held immediately upon the notice to the coroner of the death or discovery of the dead body. The inquest may either take place in the territory of the coroner in whose jurisdiction the body was found or where the death itself took place.

Summoning and Swearing the Jury If it is public knowledge that the decedent was killed by someone who is already in police custody, then it is not necessary to summon a jury to hold an inquest. A coroner's jury is usually summoned by warrant but may be summoned personally by the coroner. A juror who refuses to attend an inquest may be subject to a fine and a contempt citation. The general practice is that the jury should be sworn in in the presence of the body.

Autopsy Incident to the coroner's duties is the power to order an autopsy when appropriate and essential to ascertain the circumstances and the nature of death. The reasons underlying this power are numerous—the primary one being that a thorough examination of a body is necessary since an accused person may be acquitted if there is some doubt as to the cause of death. Similarly, a proper examination of the cause of death should exclude all other possible causes that would not support a criminal investigation and subsequent prosecution.

Some statutes provide that a coroner is not authorized to hold an autopsy where no suspicion of foul play exists or where no inquest is being held. A needless autopsy may be considered unreasonable interference with a dead body. If authorized, however, a coroner may hold an autopsy without the consent of the decedent's next of kin. Civil liability may be imposed upon coroners and their physicians who perform improper or unauthorized autopsies.

To examine the body during an autopsy, a coroner may hire an expert physician, the selection of whom is within the coroner's discretion. This power must be exercised with great caution. During the autopsy, the coroner has the discretionary power to decide who, if anyone, should be present aside from the surgeon or surgeons. Neither a person accused of criminally causing the death nor the jurors have a right to witness the actual dissection of the cadaver.

View of Body Statutes require that the coroner and jury together must have a view of the body except in cases where the body cannot be found or is too decomposed for view. The purpose of this inspection is to ascertain from the appearance of the body how the death was caused. The jury also hears the summaries of various medical reports regarding the condition of the body to help it reach its determinations concerning the cause of death.

Verdict and Inquisition It is the duty of the coroner to accept from the jury the verdict, which should identify the deceased, if possible, or state that the deceased is unknown and should include how, when, and where the decedent died. The coroner submits a return of inquest, also known as an inquisition, which is a record of the jury's finding, that must be executed in accordance with statutory requirements.

The effect of the verdict at common law is that it is a sufficient basis for prosecution for murder or manslaughter so long as the jury finds evidence supporting prosecution. Under some statutes, its effect is not as strong as a finding by a grand jury but has merely been held to render a person accused of illegally causing the death liable to arrest.

Many jurisdictions require that the coroner complete a certificate of death showing the cause and probable manner of death subsequent to the termination of the inquest.

Arrest

It is the power and the duty of the coroner to have anyone implicated by an inquest in murder or manslaughter to be arrested and held for trial. If a statute gives a coroner magisterial jurisdiction in homicide cases, he or she may issue warrants for the arrest of the person probably chargeable with the crime and hold the person to answer or discharge the charges.

Record of Inquest as Evidence

Civil Actions In general, evidence given at an inquest has not been permitted to be used against either party in a civil action. There are, however, exceptions to this rule. Some authorities hold the testimony of a witness before a coroner to be admissible if used to contradict other testimony given when the person is a witness or party in such an action. Other jurisdictions hold that such evidence by a party is admissible as an admission against interest. For example, a defendant's admission at an inquest of driving at an unlawful speed was admissible as an admission against interest in a civil action for negligence.

Some jurisdictions allow the coroner's findings to be used in a civil action to show the cause of death. The general practice in most jurisdictions,

however, is to allow the verdict to show that the deceased is dead but not to show the cause of death. The rationale underlying this rule is that a person is not entitled to be represented by counsel at an inquest since it is merely a preliminary investigation. The practical consequences of allowing the coroner's verdict to be used as evidence of the cause of death is that it could easily become the key piece of evidence in the action. If this were to occur, the judgment awarded in the case would probably end up being a ratification or formal adoption of the coroner's verdict, thereby depriving the party to the action of his or her rights. That person is entitled to a formal judicial hearing or a "day in court," with all procedural safeguards, so that an opportunity to dispute the evidence will be given.

Criminal Prosecutions The main purpose of a coroner's inquest is to provide information and evidence for use by the police in their investigation and detection of a crime; therefore, the proceedings of an inquest are generally inadmissible at a trial for homicide.

When a person is either under arrest or accused of a crime at a coroner's inquest, any testimony that he or she gives cannot subsequently be used against him or her at a trial that stems from the inquest, unless such testimony was given voluntarily after the party was advised of his or her constitutional rights. If an individual testifies as a witness at an inquest but is subsequently prosecuted, that testimony is admissible in his or her prosecution since it was voluntarily given at the inquest. Generally, the testimony of witnesses at an inquest cannot be used in a trial for homicide unless the witness has died or is otherwise unavailable at the time of the criminal prosecution.

Ordinarily, on an indictment for homicide, neither the verdict of the coroner's jury nor the finding of the coroner can be used as evidence for any purpose.

Liabilities of a Coroner

A coroner who is acting pursuant to his or her statutory authority is immune for error, mistake, or misconduct in the exercise of judicial functions. A coroner, acting in a ministerial capacity, is answerable for any abuse of those powers. Some statutes make it a criminal offense for a coroner to deliberately hold an inquest when to do so clearly exceeds the scope of his or her powers.

further readings

Cornwell, Patricia. 1999. Body of Evidence. New York: Pocket Books.

Noguchi, Thomas T. 1985. Coroner at Large. New York: Simon & Schuster.

——. 1984. Coroner. New York: Pocket Books.

cross-references

Autopsy; Jury; Presumption.

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Coroner

Coroner

The coroner is the person who is responsible for the legal investigation of any unexplained or suspicious death occurring within their area of jurisdiction. It is the coroner's job to determine the manner and cause of death . The manner refers to whether the death occurred naturally or by another's hand or by accident. The cause is the medical reason for the death.

The coroner system has a long history in English speaking cultures, with the office existing in England before the tenth century. Indeed, the word coroner comes from the title of the person who crowned the king. Originally, the coroner was not required to have any particular training and many were not even qualified doctors. Coroners were appointed or elected to the position as to any other local political role. In the nineteenth century, when medical education became more formalized, coroners began to be replaced by medical examiners (MEs) in some states, beginning with Massachusetts. The change gathered pace through a series of scandals in New York City where deaths occurring through incompetent anesthesia were not, it was felt, properly investigated. Consequently, the New York administration required that deaths through surgery be examined by a medical practitioner. The ME is medically qualified, although their specialty is not necessarily forensic pathology , or even pathology. Some modern coroners are both lawyers and physicians, although there are still some medically unqualified coroners in rural areas.

Today a coroner who is not medically qualified will consult an ME or forensic pathologist for carrying out autopsies, supervising the forensic laboratory, and testifying in court. The ultimate duties of the coroner include the identification of the deceased in a suspicious death, determination of the time of death (as well as its manner and cause), collection of evidence relevant to the death, and the certifying and signing of the death certificate.

The coroner or ME typically investigates any death that is traumatic, which might have arisen from accident, murder , or suicide. Deaths that are sudden, unusual, or unexpected will also be reported to the coroner. Any death that is unattended by a physician or which occurs within 24 hours of hospital admission or during a medical or surgical procedure will also be reported. Deaths in prison or in police custody are also brought to the coroner's attention. Perhaps a quarter of all deaths will be brought to a coroner's attention each year, although clearly this varies from time to time and from place to place. If there is cause for doubt, then the attending physician will not issue a death certificate, but will refer the matter to the coroner. The remainder of deaths are clearly from natural causes and the doctor can immediately sign the death certificate and release the body for burial or cremation.

Not all of the deaths reported to the coroner will justify an autopsy . The coroner will consult with the person's physician and may decide the death occurred through natural causes if there are no suspicious circumstances and the medical history of the deceased lends support to this view. If either party has any doubt, however, an autopsy and full investigation should be carried out. The rate of autopsy varies. Often a low autopsy rate occurs where it is the practice to have an ME perform an external examination on every corpse referred for investigation, as this measure alone is often sufficient to establish the manner and cause of death.

If the autopsy reveals death by natural causes, and sometimes this can only be determined by an internal examination, then the coroner can sign the death certificate and release the body to the family for burial or cremation. If the death was not by natural causes or if there is some public interest in it, then the coroner will hold an inquest, which is a public inquiry into the death. The inquest is not a trial; it seeks to find out who the victim is, where and when they died and, most difficult, how. There is a specific list of possible verdicts that can form the conclusion of an inquest. These include: unlawful killing, lawful killing, accident, suicide, natural causes, and an open verdict, where there is insufficient evidence to reach any other conclusion. Unlawful killing includes murder as well as manslaughter and death by dangerous driving. If the death is due to criminal activity, such as murder or manslaughter, then the inquest is usually adjourned if the police charge someone with causing the death.

see also Autopsy; Careers in forensic science; Death, cause of; Medical examiner.

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coroner

coroner. The coroner was an official appointed by the king to ‘keep’ or enrol the pleas of the crown for the county and thus to safeguard the rights of the crown (especially in relation to criminal law). The office was first referred to in 1194 though it probably existed before that time. Under the Norman and Angevin kings the pleas of the crown were noted by the sheriff and any fines due to the king from these offences were collected by him. The coroner was appointed to keep a check on the sheriff so that he did not defraud the crown of its rightful profits of criminal justice. In Magna Carta the power of the sheriff was further diminished in that he was no longer to hold the pleas of the crown. In addition to keeping the pleas of the crown, the coroner held an inquiry or ‘inquest’ into certain matters which were of special interest to the king. These included inquiries into the cause of sudden and unexplained death, treasure trove wrecks, and finding of sturgeon as belonging to the crown. The coroner still has an important role, holding inquests in cases of sudden or unexplained death.

Maureen Mulholland

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coroner

coroner (kôr´ənər), judicial officer responsible for investigating deaths occurring through violence or under suspicious circumstances. The office has been traced to the late 12th cent. Originally the coroner's duties were primarily to maintain records of criminal justice and to take custody of all royal property. In England this second function persists in his jurisdiction over treasure-trove. In his present-day work of determining cause of death, the coroner proceeds by means of the inquest whenever there is doubt. In several of the United States the coroner has been replaced by the medical examiner, who can only conduct post-mortem examinations, and who works in cooperation with the public prosecutor.

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coroner

coroner Public official who inquires into deaths that have apparent unnatural causes by means of an inquest and/or post-mortem. The office dates to 12th-century England. Coroners in Britain also inquire into cases of ‘treasure trove’ (coins, gold, silver, or bullion with no known owner) which by law are the property of the crown. In both the USA and England, coroners are often assisted by a jury.

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coroner

coroner (hist.) officer orig. charged with maintaining the rights of crown property XIV; officer who holds inquests on persons who have died by violence or accident XV. — AN. coro(u)ner, f. coro(u)ne CROWN, after the L. title custos placitorum coronæ guardian of the pleas of the crown; latinized as corōnārius, corōnātor (XIII). From XV freq. in contr. form crowner.

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coroner

cor·o·ner / ˈkôrənər; ˈkär-/ • n. an official who investigates violent, sudden, or suspicious deaths. ∎ hist. in England, an official responsible for safeguarding the private property of the Crown. DERIVATIVES: cor·o·ner·ship / ship/ n.

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coroner

coroner (ko-rŏn-er) n. the official who presides at an inquest, who must be either a medical practitioner or a lawyer of at least five years standing.

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coroner

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