A 'coroner' is either the presiding officer of a special
court, a medical officer, or an officer of law responsible for investigating deaths, particularly those happening under unusual circumstances.
In some countries, coroners have additional investigatory roles. For example, in the
United Kingdom under the
Treasure Act 1996 a coroner will determine the most likely manner in which treasure came to be in the place where it was found (whether it was lost or hidden) which will determine the legal entitlements to the
treasure trove.
Many jurisdictions have a coroner or their equivalent. 'Medical examiner' is a frequent alternative title in the
United States; however, unlike a coroner, a medical examiner must be a licensed pathologist.
Australia
Coroners in
Australia derive their authority and functions from the ancient English office. The office of coroner came to Australia in the
First Fleet with
Governor Arthur Phillip having the authority to act as a coroner and appoint coroners as necessary.
In all states and territories of Australia, the office of coroner continues to this day.
[1] [2]
See also:
Coroner's Court of New South Wales,
Coroner's Court of Western Australia.
England and Wales
In
England and Wales a coroner is a judicial officer appointed and paid for by the
local authority. The coronial system is under the control of the
Ministry of Justice, which is headed by the
Lord Chancellor and Secretary of State for Justice.
History
The post of coroner is ancient, dating from approximately the
11th century, shortly after the
Norman conquest of
England in 1066.
The office was originally created to provide a local official whose primary duty was to protect the financial interest of the crown in criminal proceedings. The coroner was referred to as the "keeper of the king's pleas". Anyone who found a body whose death was thought to be sudden or unnatural was required to raise the "
hue and cry" and to notify the coroner.
However, in its current form it dates from the 19th century, and due to widespread dissatisfaction with the legal framework under which coroners operate, it looks likely that the role will be reformed again in the coming years.
Qualification
To become a coroner in
England and Wales the applicant must be a
lawyer (''
solicitor''/''
barrister'') or
doctor of at least five years standing. This reflects the role of a coroner, to determine the cause of death of a deceased in cases where the death was sudden, unexpected, occurred abroad, was suspicious in any way or happened while the person was under the control of central authority (e.g., in police
cells).
Aside from the usual coroners, certain persons are ''
ex officio'' coroners in limited circumstances—for example the
Lord Chancellor has been historically allowed to certify the death of someone killed in rebellion.
Inquest
The coroner's jurisdiction is now limited to finding the name of the deceased, and the cause of death. When the deceased died an unexpected, violent or unnatural death, the coroner will decide whether to hold a
post-mortem and if necessary an
inquest. If he or she decides to do so, the most common verdicts which he or she may return include:
death by misadventure,
accidental death,
unlawful killing,
lawful killing,
suicide,
natural causes, an
open verdict or a
narrative verdict. The coroner's former power to name a suspect for trial upon
inquisition has been abolished. The coroner's verdict will sometimes be persuasive for the police and
Crown Prosecution Service, but normally proceedings in the coroner's court are suspended until after the final outcome of any criminal case is known. More usually, a coroner's verdict will also frequently be relied upon in
civil proceedings and
insurance claims.
"Lawful killing" includes lawful self-defence, or where a doctor lawfully administers a
painkiller from which the patient dies.
Jurisdiction
Any person aware of a dead body lying in the district of a coroner has a duty to report it to the coroner; failure to do so is an offence. This can include bodies brought into England or Wales (for example, when there is a death in the military abroad the body is returned to
RAF Brize Norton and so is dealt with by Oxfordshire Coroners Court). The coroner has a team of Coroners Officers (previously often an ex-policeman but often now from a nursing or other paramedical background) who will carry out the investigation on his or her behalf and on the basis of that the coroner will decide whether an inquest is appropriate. When a person dies in the custody of the legal authorities (in police cells, or in
prison), an inquest must be held. In England, inquests are usually heard without a jury (unless the coroner wants one). However, a case in which a person has died under the control of central authority must have a jury, as a check on the possible abuse of governmental power.
The coroner's court is a
court of law, and accordingly the coroner may summon witnesses, and people found to be lying are guilty of
perjury.
Additional powers of the coroner may include the power of
subpoena and
attachment, the
power of arrest, the power to administer
oaths, and
sequester juries of six during inquests. The exact powers of coroners are determined by state statute laws in the United States.
Coroners also have a role in
Treasure Trove cases. This role arose from the ancient duty of the coroner as a protector of the property of
The Crown. It is now contained in the
Treasure Act 1996.
Hong Kong
The Coroner's Court is responsible to inquire into the causes and circumstances of certain deaths. The Coroner is a judicial officer who has the power to:
★ grant burial orders
★ grant cremation orders
★ grant waivers of autopsy
★ grant autopsy orders
★ grant exhumation orders
★ grant orders to remove dead bodies outside Hong Kong
★ order police investigations of death
★ order inquests to be held
★ approve removal and use of body parts of the dead body
★ issue certificates of fact of death
The Coroner makes orders after considering the pathologist's report.
United States
An elected Coroner receives endorsements at reelection time.
Coroners in the
United States are usually
county-level officers. As finders of fact, they retain
quasi-judicial powers such as the power of
subpoena, and in some states they also have the power to impanel juries of inquest, but unlike their British equivalents, they are not judicial officers, instead considered to be
executive branch officials.
The laws governing the selection of coroners vary by state; whether the post requires a medical degree or an election depends.
Furthermore, American coroners are almost always officials of the state government or of the local county government; the Federal government rarely handles medical examinations.
In some states the coroner and the
sheriff are one in the same.
Medical Examiners
Many jurisdictions have replaced the elected coroner with a Medical Examiner (often referred to by the initials "M.E."), who in some jurisdictions (not all) must be a physician, and is most often a specialist in
pathology or
forensic medicine. In some jurisdictions, a medical examiner must be both a doctor and a lawyer. (The
Virginia Institute of Forensic Science and Medicine only accepts trainees who already have both
M.D. and
J.D. degrees.)
The medical examiner is often an appointed official. This has been seen as part of a move toward professionalizing a job increasingly involved with advanced scientific techniques. In larger cities (for instance,
New York City) and more populous counties, the post may be that of "chief medical examiner", heading his or her own office with M.E.s and deputy M.E.s on his or her staff to handle individual cases.
Other jurisdictions, such as
Monterey County, California, have merged the legal competencies of a coroner into the office of the
Sheriff, whose medical duties as coroner are then delegated to a professional forensic staff of medical examiners, technicians, and such.
Duties
Duties always include determining the time, cause, and manner of death. This uses the same investigatory skills of a police detective in most cases, because the answers are available from the circumstances, scene, and recent medical records. In many American jurisdictions any death not certified by the person's own physician must be referred to the medical examiner. If an individual is to die outside of their state of residence, the coroner of the state in which the death took place shall issue the death certificate. Only a small percentage of deaths require an
autopsy to determine the time, cause and manner of death.
In some states, additional functions are handled by the Coroner. For example, in
Louisiana, Coroners are involved in determination of mental illness of living persons. In
Georgia, the coroner has the same powers as a county
sheriff to execute arrest warrants and serve process, and in certain situations where there is no sheriff (described in Title 15, Chapter 16, Section 8 of Georgia law), they officially act as sheriff for the county. In Kentucky, section 72.415 of the Kentucky Revised Statutes gives coroners and their deputies have the full power and authority of peace officers. This includes the power of arrest and the authority to carry firearms.
Other jurisdictions
Other jurisdictions combine the role of coroner with that of
public prosecutor such as
procurators fiscal in
Scotland who have a duty in certifying all deaths in
Scotland.
Artistic depictions
Although coroners are often depicted in
police dramas as a source of information for
detectives, there are a number of fictional coroners who have taken particular focus on television. The
television series' ''
Quincy, M.E.'', its Canadian ancestor ''
Wojeck,'' and ''
Da Vinci's Inquest'' each have a coroner as their title character. In addition, the coroner is a significant character on '', and the lead character in ''
Crossing Jordan'' is a Medical Examiner.
'' is a reality television show shown on the
Discovery Health Channel that shows dramatic reenactments of autopsies performed by real-life medical examiner Dr. Jan Garavaglia. The shows also include interviews with Dr. Garavaglia, family members, and others connected with the cases she has worked on in Florida and Texas.
Patricia Cornwell is a crime novelist well known for her creation of Dr
Kay Scarpetta, a Medical Examiner.
Bernard Knight, a former
Home Office Pathologist and Professor of
Forensic Pathology at the
University of Wales College of Medicine is well known for his
Crowner (Coroner) John Mysteries series set in 12th century
Devon.
See also
★
Coroner's jury
★
Forensic pathology
References
1. Homepage of WA Coroners Court - http://www.coronerscourt.wa.gov.au
2. [Homepage, NSW Coroners Court http://www.lawlink.nsw.gov.au/coroners]
External links
★
History of the Medieval English Coroner System by Prof.
Bernard Knight
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