Intent in Manner Determination

Abstract

Manner of death determination is a basic and traditional task for medical examiners. Though it has a history spanning centuries, many facets of manner determination continue to be problematic. Few issues are more vexing than the difficulties in determining intent. A survey of members of the National Association of Medical Examiners was performed to determine current practice and attitudes about the use of intent in manner determination. There were 168 completed responses, representing an approximately 20% response rate. The results reveal significant variation. While the concept of “volition” as distinct from “intent” has been common for over a decade, less than 60% of respondents made the distinction in their practice. There was also wide variation in the degree of certainty practitioners noted they used when determining manner with peaks at between 51-60% and 95-99%. Some of this represents real uncertainty in manner determination and some represents cultural and regional differences in practice. The variation and uncertainty in these determinations has led some to suggest that this role be abandoned. However, the statistical, policy, and cultural need for these determinations dictate that the function will be performed even if abandoned by the medical examiner community. Medical examiners are uniquely positioned and trained to fill this need, and should continue to do so.