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This publication sets out the Government's draft proposals to reform the current coroner system in England and Wales for consultation, in order to address some of the weaknesses identified in the report of the Fundamental Review of death certification and coroner services (Cm. 5831, June 2003; ISBN 0101583125) and in the third report of the Shipman Inquiry (Cm. 5854, July 2003; ISBN 010158542X). The draft Bill has three main aims: to improve the service to bereaved people and others affected by the work of coroners; to introduce a national leadership framework and strengthen local services; and to ensure investigations of deaths and inquests are carried out in a more effective and co-ordinated manner. Key proposals in the draft Bill include: the establishment of a coroners' charter with guidelines and standards to make clear the services bereaved people can expect and new rights to appeal against decisions concerning them; the introduction of a national leadership framework through a Chief Coroner and support staff, and an advisory Coronial Council; and new powers for coroners to obtain evidence for investigations and to impose reporting restrictions when deemed to be in the public interest. The publication contains the provisions of the draft Bill together with detailed explanatory notes written in plain English and set out on each facing page, as well as an illustrative draft of the 'Charter for Bereaved People who come into contract with the Coroner Service'. Responses to the proposals in the draft Bill should be received by 8 September 2006.
The US Department of Justice's National Institute of Justice (NIJ) asked the Institute of Medicine (IOM) of The National Academies to conduct a workshop that would examine the interface of the medicolegal death investigation system and the criminal justice system. NIJ was particularly interested in a workshop in which speakers would highlight not only the status and needs of the medicolegal death investigation system as currently administered by medical examiners and coroners but also its potential to meet emerging issues facing contemporary society in America. Additionally, the workshop was to highlight priority areas for a potential IOM study on this topic. To achieve those goals, IOM constituted the Committee for the Workshop on the Medicolegal Death Investigation System, which developed a workshop that focused on the role of the medical examiner and coroner death investigation system and its promise for improving both the criminal justice system and the public health and health care systems, and their ability to respond to terrorist threats and events. Six panels were formed to highlight different aspects of the medicolegal death investigation system, including ways to improve it and expand it beyond its traditional response and meet growing demands and challenges. This report summarizes the Workshop presentations and discussions that followed them.
A death occurs at home, in a hospital, on a street: why? As Jeffrey Jentzen reveals, we often never know. Why is the American system of death investigation so inconsistent and inadequate? What can the events of the assassination of President Kennedy, killing of Bobby Kennedy, and Chappaquiddick reveal about the state of death investigation? If communities in early America had a coroner at all, he was politically appointed and poorly trained. As medicine became more sophisticated and the medical profession more confident, physicians struggled to establish a professionalized, physician-led system of death investigation. The conflict between them and the coroners, as well as politicians and law enforcement agencies, led to the patchwork of local laws and practices that persist to this day. In this unique political and cultural history, Jentzen draws on archives, interviews, and his own career as a medical examiner to look at the way that a long-standing professional and political rivalry controls public medical knowledge and public health.
A shocking and deeply reported account of the persistent plague of institutional racism and junk forensic science in our criminal justice system, and its devastating effect on innocent lives After two three-year-old girls were raped and murdered in rural Mississippi, law enforcement pursued and convicted two innocent men: Kennedy Brewer and Levon Brooks. Together they spent a combined thirty years in prison before finally being exonerated in 2008. Meanwhile, the real killer remained free. The Cadaver King and the Country Dentist recounts the story of how the criminal justice system allowed this to happen, and of how two men, Dr. Steven Hayne and Dr. Michael West, built successful careers on the back of that structure. For nearly two decades, Hayne, a medical examiner, performed the vast majority of Mississippi's autopsies, while his friend Dr. West, a local dentist, pitched himself as a forensic jack-of-all-trades. Together they became the go-to experts for prosecutors and helped put countless Mississippians in prison. But then some of those convictions began to fall apart. Here, Radley Balko and Tucker Carrington tell the haunting story of how the courts and Mississippi's death investigation system -- a relic of the Jim Crow era -- failed to deliver justice for its citizens. The authors argue that bad forensics, structural racism, and institutional failures are at fault, raising sobering questions about our ability and willingness to address these crucial issues.
The last year has seen the largest and most comprehensive reform of Coronial Law since the early nineteenth century. The new Coroners and Justice Act 2009 impacts upon every aspect of the Inquest and this comprehensive new work lays out both the substantive law and new procedure following the recent legislation and authorities. The whole coronial process is laid out in distinct chapters which consider the present and developing law. The book provides practical guidance from the beginning to the end of the process and includes a special chapter on Military inquests, creating an invaluable reference for both the practitioner and student of this fast developing area of law.
Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.
Professional negligence cases are a minefield and clinical negligence cases are no exception. Providing invaluable advice from the leading experts in the field for each stage in a claim for clinical negligence. Full analysis of the relevant governing procedures and principles is provided, plus issues of funding and costs, including complaints procedures and procedures in the Court of Protection, as well as the interplay with human rights and the role of expert witnesses. The Eighth Edition ensures that practitioners maintain a progressive edge by providing useful precedents such as the latest model directions, instructions for experts and draft agendas for experts. It contains a new chapter on product liability and a separate Welsh chapter. It also includes coverage of the more than 250 reported cases concerning clinical negligence since the last edition. This includes: 2 in the Supreme Court 36 in the Court of Appeal - Civil Division 226 in the Queen's Bench Division 20+ in the county courts These cases cover a wide range of subjects from causation and breach of duty through to specifics relating to life expectancy and wrongful birth. An invaluable resource for all those involved in clinical negligence cases including personal injury and medical law solicitors, barristers and the judiciary. Medical doctors and legal advisors in NHS trusts will also find this a helpful guide. “This is a first class book, which provides a scholarly account of clinical negligence law”. Journal of Professional Negligence (Review of a previous edition)
The Government announced planned reform to public bodies on 14 October 2010, updated proposals in March 2011. The overarching question of whether a body and its functions needed to be carried out at all was addressed and if the answer was yes, then the Department subjected each of its bodies to three further tests: does it perform a technical function; do its activities require political impartiality?; and does it need to act independently to establish facts? A body would remain if it met at least on of these three tests. This paper now sets out for consultation the department's proposals for reform of a number of public bodies listed in the Public Bodies Bill
Drawing special attention to: Coroners and Justice Bill (current Bill is as amended by Public Bill Committee: Bill 72, ISBN 9780215518804)