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