Emedinews:Insights on Medicolegal Issues:Exhumation of corpse – America

In America, corpses are exhumed when there is a need to identify a body or to establish cause of death like in the case of suspected homicide.

• The remains of President Zachary Taylor were exhumed in 1991 to determine whether or not he had been poisoned, and the famous outlaw Jesse James’s grave was excavated to prove that it was his body in the coffin. In addition, archaeological investigations often involve exhumation.
• Under modern law, courts usually do not allow exhumation unless there are substantial and compelling reasons to do so.
• In a landmark U.S. Supreme Court decision Justice Cardozo stated, "The dead are to rest where they have been lain unless reason of substance is brought forward for disturbing their repose."
• Three general principles govern the law of disinterment in the United States. First, it is presumed that a "decently buried" body should remain undisturbed where it was placed unless good reason is given to do so. Second, disinterment is considered the private concern of the immediate family and the cemetery. Third, if there is disagreement among the close relatives regarding a proposal for exhumation the matter is adjudicated by a court of equity. The court considers (in order of importance) the wishes and religious beliefs of the deceased (if these can be determined), the wishes of the spouse of the deceased, the opinions of other close relatives, and the policies and regulations of the cemetery when determining if exhumation should be allowed.
• California Labor Code stipulates that if it is suspected that a person has died as a result of injuries sustained in the course of his employment, the investigating appeals board may require an autopsy and, if necessary, the exhumation of the body for the purposes of autopsy. However, in accordance with the rules of equity, the close relatives can, if they wish, prevent the state (i.e., California) from either exhuming the body or performing the autopsy.

Emedinews:Insights on Medicolegal Issues:Exhumation of corpse – America

In America corpses are exhumed when there is a need to identify a body or to establish cause of death like in the case of suspected homicide.

• The remains of President Zachary Taylor were exhumed in 1991 to determine whether or not he had been poisoned, and the famous outlaw Jesse James’s grave was excavated to prove that it was his body in the coffin. In addition, archaeological investigations often involve exhumation.
• Under modern law, courts usually do not allow exhumation unless there are substantial and compelling reasons to do so.
• In a landmark U.S. Supreme Court decision Justice Cardozo stated, "The dead are to rest where they have been lain unless reason of substance is brought forward for disturbing their repose."
• Three general principles govern the law of disinterment in the United States. First, it is presumed that a "decently buried" body should remain undisturbed where it was placed unless good reason is given to do so. Second, disinterment is considered the private concern of the immediate family and the cemetery. Third, if there is disagreement among the close relatives regarding a proposal for exhumation the matter is adjudicated by a court of equity. The court considers (in order of importance) the wishes and religious beliefs of the deceased (if these can be determined), the wishes of the spouse of the deceased, the opinions of other close relatives, and the policies and regulations of the cemetery when determining if exhumation should be allowed.
• California Labor Code stipulates that if it is suspected that a person has died as a result of injuries sustained in the course of his employment, the investigating appeals board may require an autopsy and, if necessary, the exhumation of the body for the purposes of autopsy. However, in accordance with the rules of equity, the close relatives can, if they wish, prevent the state (i.e., California) from either exhuming the body or performing the autopsy.

Emedinews:Insights on Medicolegal Issues:Exhumation of corpse without legal order is criminal offence – Indian Penal Code

The Autopsy Surgeon/Forensic Expert and Magistrate should be present along with the concerned police official with the order of court; however, the local police official should be called if exhumation is carried out.

·         Exhumation should be conducted preferably in the morning hours after proper sunrise.

·         More than two times of the digging area should be screened off.

·         The grave/place of cremation for which the order has been passed should be identified properly/authentically by police officer; an estimation of number of persons, whether single, double or multiple body/bodies should be made so that adequate arrangements can be done in advance.

·         The burial should be removed in layer of about 10cm and the condition of soil, water, any plantation growth, ants, cockroaches, and smell should be noted.

·         After removal of dirt above the dead body, it should be photographed from all corners in the original position found.

·         A drawing should be made of graveyard/depth and state of decomposition/skeletal remains of the body.

·         The dead body/its remains should be transferred in a plastic sheet covered with a cloth sheet.

·         Sample of soil, burial cloth, and any material found in grave, loosen hair/teeth/nail/should be collected and photographed.

·         The body should be shown to close relatives for identification.

·         The dug grave should be kept as it is for further burial after autopsy.

·         All the available details should be provided to the doctor with request to conduct the postmortem examination with any specific instruction or query related with forensic/medical examination to find out age, cause of death, details of injury, any poisoning, time since death etc.

·         Videographs of all procedure must be done.

Emedinews:Insights on Medicolegal Issues:Exhumation of corpse – America

Medicolegal Update
(Dr Sudhir Gupta, Additional Prof, Forensic Medicine & Toxicology, AIIMS)

In America corpses are exhumed when there is a need to identify a body or to establish cause of death like in the case of suspected homicide.

• The remains of President Zachary Taylor were exhumed in 1991 to determine whether or not he had been poisoned, and the famous outlaw Jesse James’s grave was excavated to prove that it was his body in the coffin. In addition, archaeological investigations often involve exhumation.
• Under modern law, courts usually do not allow exhumation unless there are substantial and compelling reasons to do so.
• In a landmark U.S. Supreme Court decision Justice Cardozo stated, "The dead are to rest where they have been lain unless reason of substance is brought forward for disturbing their repose."
• Three general principles govern the law of disinterment in the United States. First, it is presumed that a "decently buried" body should remain undisturbed where it was placed unless good reason is given to do so. Second, disinterment is considered the private concern of the immediate family and the cemetery. Third, if there is disagreement among the close relatives regarding a proposal for exhumation the matter is adjudicated by a court of equity. The court considers (in order of importance) the wishes and religious beliefs of the deceased (if these can be determined), the wishes of the spouse of the deceased, the opinions of other close relatives, and the policies and regulations of the cemetery when determining if exhumation should be allowed.
• California Labor Code stipulates that if it is suspected that a person has died as a result of injuries sustained in the course of his employment, the investigating appeals board may require an autopsy and, if necessary, the exhumation of the body for the purposes of autopsy. However, in accordance with the rules of equity, the close relatives can, if they wish, prevent the state (i.e., California) from either exhuming the body or performing the autopsy.

Emedinews:Insights on Medicolegal Issues:Exhumation of corpse – America

In America, corpses are exhumed when there is a need to identify a body or to establish cause of death like in the case of suspected homicide.

• President Zachary Taylor was exhumed in 1991 to determine whether or not he had been poisoned, and the famous outlaw Jesse James’s grave was excavated to prove that it was his body in the coffin. In addition, archaeological investigations often involve exhumation.
• Under modern law, courts usually do not allow exhumation unless there are substantial and compelling reasons to do so.
• In a landmark U.S. Supreme Court decision Justice Cardozo stated, "The dead are to rest where they have been lain unless reason of substance is brought forward for disturbing their repose."
• Three general principles govern the law of disinterment in the United States. First, it is presumed that a "decently buried" body should remain undisturbed where it was placed unless good reason is given to do so. Second, disinterment is considered the private concern of the immediate family and the cemetery. Third, if there is disagreement among the close relatives regarding a proposal for exhumation the matter is adjudicated by a court of equity. The court considers (in order of importance) the wishes and religious beliefs of the deceased (if these can be determined), the wishes of the spouse of the deceased, the opinions of other close relatives, and the policies and regulations of the cemetery when determining if exhumation should be allowed.
• California Labor Code stipulates that if it is suspected that a person has died as a result of injuries sustained in the course of his employment, the investigating appeals board may require an autopsy and, if necessary, the exhumation of the body for the purposes of autopsy. However, in accordance with the rules of equity, the close relatives can, if they wish, prevent the state (i.e., California) from either exhuming the body or performing the autopsy.