Standards of Judicial Practice: Inquest Proceedings

• NCJ Number: 125821
• Author(s): M G Basbas; K M Early; J E Flaherty; A M Gibbons; P D Rigero; J M Xifaras
• Date Published: 1990
• Length: 124 pages
• Corporate Author: Massachusetts Administrative Office of the District Courts
• Publication Format: Document
• Publication Type: Guideline
• Language: English
• Country: United States of America

Annotation

These standards of judicial practice on inquest proceedings in Massachusetts define the inquest as a procedure by which the court investigates the circumstances of a death and issues a report of its conclusions.

Abstract

Inquests should be conducted without unreasonable delay and with particular sensitivity to legal requirements regarding privacy and proper procedures. The inquest process starts with the requirement that, under certain circumstances, any person who has knowledge of a death must notify the county medical examiner. The medical examiner must immediately inquire into the cause and circumstances of the death and notify the district attorney if further criminal investigation is necessary. Additional steps in the inquest process involve the receipt of notice and documents from the medical examiner, court jurisdiction, authority to conduct an inquest, witnesses, court scheduling, and court appointment of an investigator. Procedures to guide the inquest hearing are detailed, including who may be present at or excluded from the hearing, summoning and sequestering witnesses, fifth amendment rights of witnesses, presentation of evidence, witness examination and cross-examination, and recording court proceedings. Standards to assist inquest report preparation and the conduct of criminal proceedings are presented. Appendixes contain additional information on legal aspects of inquest proceedings, a case study, and sample autopsy and inquest reports.