NCJ Number
146971
Journal
Criminal Law Bulletin Volume: 30 Issue: 1 Dated: (January-February 1994) Pages: 76-86
Date Published
1994
Length
11 pages
Annotation
Techniques used to determine the time of death are discussed.
Abstract
Retroactive determination of the time of death is an inexact science. This article reviews the short-term and long-term signs of death and cites some of the case law discussing the admissibility of opinions about time of death. Given the shorter postmortem interval, time estimates based on the early signs of death have smaller margins of error (two to four hours) than estimates based on the late changes and, therefore, are more trustworthy. However, the author warns that both short- and long-term changes are subject to numerous variables. Short-term signs of death discussed include livor mortis, rigor mortis, and algor mortis, i.e., the triad of death, stomach contents, age of bodily injuries, eye chemistry, enzyme activities in muscles, migration of bacteria within the body, retardation of plant life under the body, and infestation of insects on or around the body. Decomposition of the body as influenced by environmental factors is discussed briefly as the long- term sign of death. While courts recognize the imprecision of pathologists' determinations of the time of death, pathologists' opinions as to the time of death, age of injuries, and the sequence of multiple deaths are routinely admitted. Given the inherently inexact nature of the opinions, however, the author recognizes that opposing counsel usually have grounds to attack the weight of the opinions. 75 footnotes