Page 32 - CFDI Guide
P. 32
medical event and be Natural. Careful, skilled, and experienced investigation is important to ascertaining
the facts and findings.
It is important to also differentiate between a medical manner and similar legal manner. For example, a
motor vehicle collision caused by an intoxicated driver with a fatality will be Accident, however, the legal
finding – or charge – may be vehicle homicide. The Cause and Manner of Death are both similar to the civil
standard of a preponderance or statutory standards of reasonable or probable; and are not the more strict
criminal standard of beyond a reasonable doubt.
Our agency may be involved in any various investigations and expert consultations mentioned here, and
others. We are not accident reconstructionists or fire investigators – we have knowledge and experience
with these; however, insufficient to reach a finding or conclusion as to causation. We do consult with other
experts, just as we do in our death investigations. These experts will tell us the Cause, and additional
findings and their consultations will assist us in determining the Manner.
It is important to know the distinctions and qualifications of the investigators and experts of your cases.
• Forensic Pathologist – Expert medical opinion of Cause of Death / SBI.
• Certified Medicolegal Death Investigator – Expert non-medical opinion / legal investigation of
series of events leading to Manner of Death / SBI.
• Certified Forensic Death Investigator – Non-expert legal investigation of facts and evidence in
catastrophic events resulting in death / SBI.
4
AN OVERVIEW OF DEATH / SBI INVESTIGATION
At all incidents there are at least two scenes: location(s) of the incident; and the body itself. If a crime is
suspected (and all suspicious death / SBI investigations are treated as such) the incident will belong to the
investigating law enforcement agency; and the body, together with all items on or about it, will belong to
the medical examiner’s office (including their appointed deputies / investigators). The agencies will work
independently of each other with several common processes and goals. The coroner / medical examiner
investigator has certain responsibilities and a duty to pursue those responsibilities. Of course, there are
legal and cooperative exceptions to these based on the greater good of the needs of all investigating
agencies, particularly involving possible homicides. The body is exclusively under the custody and control
4 Adapted from ‘Reviewing and Comprehending Autopsy Reports’, Dean A. Beers, CLI, 2010 – adapted to ‘Practical
Methods for Legal Investigations: Concepts and Protocols in Civil and Criminal Cases’, CRC Press 2011
20 | P a g e