Coroner

• Author: Jeffrey Lehman, Shirelle Phelps

Page 208

An official of a MUNICIPAL CORPORATION whose 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...