Statutory Responsibilities
The Coroners Office is a statutory office, which is mandated to establish the
cause and manner of death. The Cause Of Death is the injury, disease, or
combination of the two that was responsible for initiating the train of
physiological disturbances (brief or prolonged), which produced the fatal
termination. The Manner of Death refers to the circumstances in which the cause
of death arose (suicide, natural causes, accident, and homicide). It is often a
misconception that the responsibility for determining these vital questions lies
with the law enforcement agency; however, this is the responsibility of the
Coroner.
The types of deaths that are reported to the Coroner:
The investigation of a death by the Coroners Office is an extremely important
function as it is done by an independent agency who does not work for the law
enforcement agency, the physician, the nursing home, the hospital, the
prosecution or the defense, but works on behalf of the deceased to obtain the
truth about their death.
Associated Responsibilities
Associated with the responsibility of determining the cause and manner of death,
the Coroner has numerous other responsibilities. Listed below are these
responsibilities and clarifications.
Pronounce death and determine what time the death occurred - Only a
physician or a Coroner may pronounce death. The determination of the time of
death is critical to a criminal case, and may be extremely important with issues
related to insurance and beneficiaries.
Scene Investigation - The Colorado Law is specific that the body of a
deceased person may not be moved from its place of death until the Coroner
arrives at the scene and performs the investigation. In rural counties the
Coroner typically handles most of the scene investigations; and in urban areas,
due to the large volume of cases, the Coroner typically has Coroner
Investigators who handle the scene investigations. It is the Coroner’s
responsibility to be certain that their deputies and investigators are well
trained in scene and follow-up investigations. Scene investigation not only
includes evidence collection, scene interviews, and examination of the body and
circumstances, but must be followed up with additional interviews of family,
friends, physicians, procurement of medical records and other material that
might provide the information needed to make the cause and manner of the death
determinations. The Coroner must correlate the scene findings with clinical
history, antimortem medical records, criminal, psychological and family medical
history.
Take Custody of the Body - This is Colorado Law. It is the Coroner’s
responsibility to see that the body is removed from the scene. This must be done
with extreme skill when there is evidence to preserve. It must be done with
sensitivity and respect as often family members are at the scene. The Coroner
must make arrangements to have the body transported in cases where an autopsy or
other tests must be done. The Coroner must transport the body to their forensic
facilities. This responsibility must be carried out in the same professional
manner regardless of whether the body is in a hospital setting, or is a
decomposed, maggot infested, unknown body in the woods.
Make Positive Identification of the Deceased - A positive identification
is made on all deceased persons whose death is investigated by the Coroners
Office. This can be an extremely time consuming and difficult procedure.
Fingerprints, dental records, radiological records, and DNA may all be used for
positive identification, but the antimortem records must be found and obtained.
Due to Colorado’s location and good economy, there are many immigrants,
illegal and legal, which often make identifications very difficult.
Identification
and Notification of Next of Kin - It is the Coroner’s responsibility to
determine who is the next of kin. When the determination is made, the person
must be located and notification made. Death notifications must always be made
in person and can be one of the most difficult and emotionally charged duties of
the Coroner.
Once the next of kin have been notified, the Coroner will be in constant contact
with the family to advise them of the results of the investigation and/or
autopsy, to obtain other information as needed, and to assist and coordinate the
investigation. The Coroner also makes referrals to specific groups such as the
SIDS Program and suicide survivors groups as the situation dictates. If the next
of kin are outside the county (maybe in other states or countries), the Coroner
connects with out of state Coroners or law enforcement officials so that
in-person notifications are still facilitated. The Coroner may spend many hours
locating these people and many more hours helping them to facilitate disposition
of the body and/or understanding and dealing with the death.
Discovery of Remains - Often times skeletal remains, complete or partial,
are found in all areas of Colorado. The Coroner is responsible for first
determining if the bones are human or animal, and if human, are they ancient, or
Native American, the Coroner must follow certain statutory obligations regarding
notification of appropriate State agencies.
Death Certificates - At the conclusion of a death investigation, the
Coroner issues a death certificate, which is the legal document that states the
cause and manner of death. This is an extremely important document as it is used
to settle legal matters, criminal and civil, and insurance benefits for
survivors.
Reports - Coroner must keep records and reports of each death
investigation. Their records are often subpoenaed into court for criminal or
civil purposes, and requested by physicians, insurance companies, and families.
Other
Responsibilities of the Coroner - The Coroner’s Office provides
information, and works closely with other state and federal agencies (Health
Department, OSHA, FAA, NTSB, Consumer Product Safety Commission), local
physicians, hospitals, law enforcement agencies, district attorneys, public
defenders, private attorneys, and insurance companies. The Coroner is also often
a member or ambulance, fire department, area trauma councils, and emergency
management boards. Coroners also provide learning opportunities for many
agencies, which facilitates coordinated investigations. Schools and community
organizations, as well as hospitals and nursing care facilities, also receive
education about the role of the Coroners Office.
Certification - Coroners in Colorado have the opportunity to become
Certified Death Investigators through the Colorado Coroners Association. The
Colorado Coroners Association was formed in 1988 with the goal of providing
continuing education for Colorado Coroners. Colorado Coroners take advantage of
continuing education provided by the association’s programs as well as
numerous other training programs provided on the national level.