scholarly journals National Association of Medical Examiners Position Paper: Recommendations for the Definition, Investigation, Postmortem Examination, and Reporting of Deaths in Custody

2017 ◽  
Vol 7 (4) ◽  
pp. 604-618
Author(s):  
Roger A. Mitchell ◽  
Francisco Diaz ◽  
Gary A. Goldfogel ◽  
Mark Fajardo ◽  
Stephany E. Fiore ◽  
...  

The National Association of Medical Examiners commissioned an ad hoc committee to provide recommendations for the investigation, examination, and reporting of deaths in custody. Deaths in custody, whether occuring in jail/prison or during an altercation with law enforcement, is a complex issue and requires the forensic pathologist to be knowledgable and deliberative about his/her diagnosis. This paper provides recommendations for the forensic pathologist as it relates to 1) categorization of deaths in custody, 2) critical information required during investigation, 3) enhanced autopsy procedures, 4) guidance on death certification, 5) parameters for statistical reporting, and 6) release of information to the public. A uniform approach by medical examiners and coroners to the investigation and evaluation of deaths in custody is critical. The establishment of recommendations has the potential to ensure consistency and reliability to the definition, investigation, and certification of these cases. Such uniformity and consistency will instill confidence in the independence of the medical examiner/forensic pathologist/coroner by the criminal justice system, public health system, and community at large.

2013 ◽  
Vol 3 (1) ◽  
pp. 93-98 ◽  
Author(s):  
Judy Melinek ◽  
Lindsey C. Thomas ◽  
William R. Oliver ◽  
Gregory A. Schmunk ◽  
Victor W. Weedn ◽  
...  

2013 ◽  
Vol 58 (5) ◽  
pp. 1193-1199 ◽  
Author(s):  
Mitchell Weinberg ◽  
Victor W. Weedn ◽  
Seth Weinberg ◽  
David Fowler

2006 ◽  
Vol 130 (9) ◽  
pp. 1274-1282 ◽  
Author(s):  
Randy Hanzlick

Abstract Context.—Traditionally, the emphasis of work done by medical examiners, coroners, and the death investigation community has been viewed as serving the criminal justice system. During the last several decades, however, an important role for these 3 groups has emerged within public health. Objective.—To provide important background information on death investigation systems, the evolution and framework of public health entities that rely on information gathered by medical examiners and coroners, and the role of medical examiners and coroners in epidemiologic research, surveillance, and existing public health programs and activities. Data Sources.—Previous articles on epidemiologic aspects of forensic pathology and the role of medical examiners and coroners in epidemiologic research and surveillance; a review of the Web sites of public health and safety agencies, organizations, and programs that rely on medical examiner and coroner data collected during medicolegal investigations; and a review of recent public health reports and other publications of relevance to medical examiner and coroner activities. Conclusions.—The role of medical examiners and coroners has evolved from a criminal justice service focus to a broader involvement that now significantly benefits the public safety, medical, and public health communities. It is foreseeable that the public health role of medical examiners and coroners may continue to grow and that, perhaps in the not-too-distant future, public health impact will surpass criminal justice as the major focus of medicolegal death investigation in the United States.


2019 ◽  
Vol 9 (3-4) ◽  
pp. 181-190
Author(s):  
Cassie B. MacRae ◽  
Seth H. Weinberg ◽  
Mitchell L. Weinberg

Studies have demonstrated that autopsy is the gold standard for determining cause and manner of death. Indeed, the current National Association of Medical Examiners standard B3.7 states that a forensic pathologist (FP) shall perform a forensic autopsy when the death is by apparent intoxication by alcohol, drugs, or poison. Unfortunately, the recent increase in drug-related deaths has led to some question about the feasibility of maintaining compliance with standard B3.7. We constructed a voluntary survey to address consensus on standard B3.7 and the use of supervised accredited pathologists’ assistants (PAs) in performing select medicolegal autopsies. Additional questions were included to help characterize variables related to FP’s workload and experience. Each of these variables was predicted to influence FP’s attitudes toward B3.7 and the use of PAs. Our respondent pool (n = 107) consisted primarily of actively practicing FPs with administrative responsibilities (42%) and actively practicing FPs without administrative responsibilities (41%). Sixty-five percent agreed that standard B3.7 is appropriate. Opinion on the use of PAs was split between those who agreed (45%) and those who did not (44%). Tendency to agree with either B3.7 or the use of PAs was not a function of FP’s individual or office workload; however, respondents were more likely to agree with B3.7 if they previously experienced a case where internal autopsy findings radically altered diagnosis in an otherwise suggestive overdose case (P < 0.001). In certain offices and under certain conditions, the use of PAs may be one solution to ensuring all potential overdose deaths receive an autopsy.


2021 ◽  
pp. 192536212110324
Author(s):  
Victor W. Weedn

The common practice of retaining organs and tissues after the autopsy dissection is a potential legal liability for forensic pathologists and the offices they work for. In 1988, a coroner and the coroner’s office were successfully sued for corneal procurements without the consent of the next of kin. That led to later lawsuits of forensic pathologists and medical examiner offices over the retention of brains for formalin fixation and neuropathologic examination without consent, although the autopsies were not consent based. National Association of Medical Examiners became involved in this ligation and filed numerous amicus briefs. These later lawsuits were not successful. After caselaw on the subject, such lawsuits have largely abated. Nonetheless, the threat of such lawsuits remains, and statutory language can be promulgated to mitigate the risk.


Temida ◽  
2011 ◽  
Vol 14 (1) ◽  
pp. 49-65 ◽  
Author(s):  
Brunilda Pali ◽  
Madsen Sten

The appropriateness of restorative justice (RJ) for gendered violence offences such as domestic violence and sexual assault has always been and still is highly contested. This paper focuses on the appropriateness of RJ measures in addressing sexual assault, primarily with reference to experience of restorative dialogues as practiced at the Centre for Victims of Sexual Assault in Copenhagen, and it takes a feminist approach to the application of RJ measures to sexual assault. Within this framework, the paper tackles two issues in particular: the privacy element of RJ versus the public aspect of the criminal justice system (CJS), and the intersection of the CJS and RJ in cases of sexual assault. In relation to the relationship between CJS and RJ, the authors argue that RJ could be used for victims of sexual assault, not primarily as part of diversion programmes, but when offered apart from and/or parallel to the CJS. In relation to the private/public debate, the authors argue that while RJ encounters, by taking place in highly confidential settings, might have a negative impact on efforts by women?s movements to move violence against women out of the private and into the public realm, creating high standard alternatives for individual women who are in need of support and constantly generating public debate about gendered violence is a good feminist response to this complex issue.


2020 ◽  
Vol 5 (1) ◽  
pp. e000384
Author(s):  
Michelle Tsui ◽  
Shannon L. Carroll ◽  
Daniel W. Dye ◽  
W. Andrew Smedley ◽  
Aidan D. Gilbert ◽  
...  

BackgroundTrauma is a major public health issue. In 2015, the White House launched the “Stop the Bleed” (STB) campaign, which aims to equip would-be bystanders with the ability and equipment to assist in bleeding emergencies. This study sought to estimate the number of patients who might benefit from STB intervention, in an everyday setting, and their spatial injury profile.MethodsThis is a retrospective analysis of trauma registry and medical examiners’ data, collected between 2013 and 2017. The majority of patients were male. The median age was 32 years. Incidents were geocoded by ZIP code, and mapped using Quantum Geographic Information System (QGIS).ResultsWe identified 139 patients from medical examiner records and UAB’s trauma registry who might have benefitted from STB intervention. The number of incidents per year ranged from 22 to 35, averaging 2.3 incidents per month. There was no evidence of geographical clustering, although the small number of incidents precluded a formal geostatistical analysis.ConclusionThe number of patients who might benefit from STB interventions on a daily basis is small, and incident locations are difficult to predict. Educating the public in how to stop bleeding is appealing, but providing easy and widespread access to STB kits may be difficult. Although there are parallels to the provision of cardiopulmonary resuscitation and defibrillation for cardiac arrest, there are also differences, which should not be overlooked.


2014 ◽  
Vol 4 (4) ◽  
pp. 497-504 ◽  
Author(s):  
J. Keith Pinckard ◽  
Roberta J. Geiselhart ◽  
Ellen Moffatt ◽  
Gregory A. Schmunk ◽  
Daniel L. Schultz ◽  
...  

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