Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1

by R. A. Witthaus; Tracy C. Becker

Massachusetts Statutory Provisions.

The statute law of Massachusetts has already been referred to. It has abolished the office of coroner and in its place put medical examiners, so called, who are presumed to be learned in the science of medicine. Their powers, however, are not co-extensive with those of coroners. A medical examiner cannot hold an inquest. He cannot hold an autopsy without being thereto authorized in writing by the district attorney, mayor, or selectmen of the district, city, or town where a dead body lies. He can only upon receiving notice that there has been found, or is lying within the county, the dead body of a person who is supposed to have come to his death by violence, repair to the place where such body lies, view and take charge of the same. If he deems a further examination necessary and is authorized so to do, he must make an autopsy in the presence of two or more discreet persons, whose attendance he may compel by subpœna if necessary, and he must then carefully reduce or cause to be reduced to writing every fact and circumstance tending to show the condition of the body and the cause and manner of death, together with the names and addresses of the witnesses. If he deems it necessary, he may employ a chemist to aid in the examination of the body or of substances supposed to have caused or contributed to the death,[529] the record of which he must subscribe.[530] Such an autopsy does not, however, upon the trial of an accused render other competent evidence, as to the condition and appearance of the dead body at the time of the autopsy, inadmissible.[531] The autopsy may be followed by an inquest held, not by the examiner, but by a justice of the district, police, or municipal court for the district or city in which the body lies, or a trial justice. One of these functionaries must hold an inquest upon being notified by a medical examiner that in his opinion a death was caused by violence, and after hearing the testimony draw up and sign a report and issue process for apprehension of a person charged by the report with the commission of an offence, if he is not in custody.[532] Even though a medical examiner reports that a death was not caused by violence, and the district attorney or the attorney-general is of a contrary opinion, either one may, notwithstanding such report, direct an inquest to be held in accordance with the provisions of the statute.[533]

New York’s Statutory Provisions.

In New York the powers and duties of coroners are defined by statute. Coroners in the city of New York are governed by a special act relating to that city exclusively. For the State at large it is provided that whenever a coroner is informed that a person has been killed or dangerously wounded by another, or has suddenly died under such circumstances as to afford a reasonable ground to suspect that his death has been occasioned by the act of another by criminal means, or has committed suicide, he must go to the place where the person is, and forthwith inquire into the cause of the death or wounding, and summon not less than nine nor more than fifteen persons, qualified by law to serve as jurors, if such death or wounding be of a criminal nature, to appear before him forthwith at a specified place, to inquire into the cause of death or wound, and if it appears from the evidence taken or during the inquisition, that any person or persons are chargeable with the killing or wounding, or that there is probable cause to believe that any person or persons are chargeable therewith, and if they are not in custody the coroner must forthwith issue a warrant for the arrest of the person or persons charged with such killing or wounding, who must be arraigned before the coroner for examination, and the coroner has power to commit the person or persons so arrested to await the result of the inquisition. A coroner is disqualified from acting as such in any case where the person killed or dangerously wounded is a co-employee with the coroner of any person or persons, association or corporation, or where it appears that the killing or wounding has been occasioned, directly or indirectly, by the employer of the coroner.[534] It is further provided that whenever a convict shall die in any State prison, it shall be the duty of the inspector having charge of the prison and of the warden, physician, and chaplain of the prison, if they or either of them shall have reason to believe that the death of the convict arose from any other than ordinary sickness, to call upon the coroner having jurisdiction to hold an inquest upon the body of such deceased convict.[535] The New York Criminal Code further provides that when six or more of the jurors appear, they must be sworn by the coroner to inquire who the person was, and when, where, and by what means he came to his death or was wounded as the case may be, and into the circumstances attending the death or wounding, and to render a true verdict thereon according to the evidence offered to them or arising from the inspection of the body.[536] The coroner may issue subpœnas for and summon and examine as witnesses every person who in his opinion, or that of any of the jury, has any knowledge of the facts; and he must summon as a witness a surgeon or physician, who must, in the presence of the jury, inspect the body, and give a professional opinion as to the cause of the death or wounding.[537] The jury, after inspecting the body and hearing the testimony, must render their verdict, and certify it by an inquisition in writing, signed by them, and setting forth who the person killed or wounded is, and when, where, and by what means he came to his death or was wounded, and if he were killed or wounded, or his death were occasioned by the act of another by criminal means, who is guilty thereof, in so far as by such inquisition they have been able to ascertain.[538] The testimony of the witnesses examined before the coroner’s jury must be reduced to writing by the coroner, or under his direction, and must be forthwith filed by him, with the inquisition, in the office of the clerk of the court of sessions of the county, or of a city court having power to inquire into the offence by the intervention of a grand jury.[539]

If, however, the defendant be arrested before the inquisition can be filed, the coroner must deliver it with the testimony to the magistrate before whom the defendant is brought.[540] If the jury find that the person was killed or wounded by another under circumstances not excusable or justifiable by law, or that his death was occasioned by the act of another by criminal means, and the party committing the act be ascertained by the inquisition and is not in custody, the coroner must issue a warrant signed by him with his name of office, for the arrest of the person charged.[541] The coroner has power to compel the attendance of a witness and testify, and he may punish a witness for disobedience, as upon a subpœna issued by a magistrate.[542] The coroner’s warrant may be served in any county; and the officer serving it must proceed thereon, in all respects, as upon a warrant of arrest on an information, except that when served in another county it need not be indorsed by a magistrate of that county.[543] When the defendant is brought before the coroner, he must proceed to examine the charge contained in the inquisition or information, and hold the defendant to answer, or discharge him therefrom, in all respects as upon a warrant of arrest on an information.[544]

II. The Jury and Inquest.

Jurors Must be Sworn by Coroner.—The jurors summoned by a coroner to attend an inquest must be from the county or jurisdiction wherein the coroner is empowered to act. He cannot proceed with the inquest until he has summoned and sworn the jury. The jurors are not challengeable, and therefore they should be carefully selected and sworn by the coroner himself. His duties are judicial and he can only take an inquest super visum corporis, and an inquest in which the jury is not sworn by himself is absolutely void and of no effect.[545]

They Must Investigate and Determine the Facts.—After being sworn by the coroner they must investigate and determine and are the sole arbiters of the facts; the coroner’s duty being to instruct them in the law. They must go, view, and examine the body together, and not separately. It is essential to the validity of the inquest that the jury should view the body.[546]

Coroner may Compel Attendance of Witnesses.—When the coroner sits to hold an inquest, he sits as a judicial officer, armed with all the ordinary powers possessed by judicial officers. He may compel the attendance of jurors whose qualifications are usually such as are required of jurors in a court of record. It is his duty to present before the jury all the material testimony within his power, touching the death as to the manner whereof the jury are to certify, and that which makes for as well as against the party accused. It is his duty to summon before his inquest every person whom he has any reason to believe possesses any knowledge relative to the death which he is investigating. He is to summon such persons to attend before him for examination. He has full authority to compel obedience to his subpœnas. He has this power by the common law.[547] If a post-mortem examination is made, the examining surgeons should testify before the jury as to the matters disclosed by the examination.[548] The witnesses produced must be sworn by the coroner, and their testimony reduced to writing by him or under his direction.