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
_Coroner may Employ Professional Skill._—A thorough examination aided
by professional skill is in general absolutely necessary to the proper
administration of justice. It would no doubt be strange if a coroner
had no authority to pledge the responsibility of the county for the
compensation of all auxiliary services which are necessary to the
proper execution of his office, and which he can by no other means
command; for instance, when his duty requires him to disinter a body,
he cannot be expected to do it with his own hands, or by hands paid
for with his means. Indeed it has been said that, in this enlightened
age, a coroner who would consign to the grave the body over which he
had held an inquest, without availing himself of the lights which the
medical science has placed within his reach, would in most cases fall
short of what his official duty requires.[525] It is the generally
accepted view of the law now that it is the duty of a coroner holding
an inquest _super visum corporis_ to avail himself of professional
skill and aid, and his contract will bind the county to the payment of
a reasonable compensation for making a post-mortem examination.[526]
POST-MORTEM EXAMINATION.
Whether such examination should take place before the coroner has
empanelled a jury seems to be an open question. We would venture the
opinion that it should not, inasmuch as the jury ought to see and
view the body in the same condition, as near as may be, as it was
when found, and not after it has been mutilated, as it must need be
by a post-mortem examination. It is, however, settled that the post
mortem should not be in the presence of the jury, and that they are to
be instructed by the testimony of the physicians who are designated
by the coroner to make the examination.[527] The coroner’s right to
dissect the dead body of a human being does not extend to all cases.
Such a power could be wielded with the most injurious effects upon a
community. His power to dissect is confined to those cases where he is
authorized by law to hold an inquest upon the body. But a post-mortem
examination, conducted by surgeons employed by a coroner holding an
inquest, is not a part of the inquest in such a sense as that every
citizen has a right freely to attend it. At common law it was essential
to the validity of a coroner’s inquisition that the jury should view
the body. And so is our law. But it was never required that the body
should be dissected in any case. It is discretionary with the coroner
to cause a dissection to be made, and to select the surgeons. He has
also a discretion to determine whether any person, and what persons,
may be present besides the surgeons. Not even the jurors have a
right to witness the examination. They are to be informed of what it
discloses by the testimony of the surgeons. Indeed, no person has a
right to be present at the post-mortem examination upon the ground that
he is suspected of having caused the death. He loses no legal right by
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