Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
Science
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
By the common law his powers and duties are both judicial and
ministerial. In his ministerial capacity he is merely a substitute for
the sheriff, as when the sheriff is a party.[511] His powers and duties
thereunder it is not the present purpose to state and define. His
judicial authority relates to inquiries into cases of sudden death, by
a jury of inquest, _super visum corporis_, or, as it is more commonly
defined, an inquisition, with the assistance of a jury, over the body
of any person who may have come to a sudden or violent death, or who
may have died in prison.[512] It is not necessary that the death should
be both violent and sudden, and that both these circumstances must
concur to give the coroner jurisdiction. It is sufficient to give the
coroner jurisdiction if the death occurs from any violence done to
a person by another, although such violence may not have terminated
the life of a party suddenly, and it is still the duty of the coroner
to hold an inquest.[513] Indeed the presumption is that he has acted
in good faith and on sufficient cause.[514] And so when several
persons have been suddenly killed by the same violent cause, under
circumstances proper to be inquired of by a coroner’s inquest, it is
proper and necessary for the coroner, acting in good faith, to hold a
separate inquest over each body.[515] A coroner’s inquest is a judicial
investigation. The coroner cannot delegate his authority to any one.
Neither can he appoint a deputy under the common law. He must act in
person as any other judicial officer; and it may safely be said that a
coroner has no power to appoint a deputy coroner, except where special
provision is made therefor by statute.[516] In England, a coroner’s
court is a court of record, and it has accordingly been held that
trespass cannot be maintained for turning a person out of a room where
the coroner is about to take an inquisition.[517] But in this country,
it may safely be said that a coroner’s court is not one of record,
but of inferior jurisdiction.[518] The performance of the functions
of a coroner are judicial in their character; so judicial that he is
protected under the principles which protect judicial officers from
responsibility in a civil action brought by a private person. His
proceedings amount to entries concerning matters of public interest,
made under the sanction of an official oath, and in compliance or
presumed compliance of the law.[519]
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