Medical Examiners’ Independence is Vital for the Health of the American Legal System

Abstract

Forensic pathologists play a vital role in the justice system in matters concerning questions of death. Accurate investigation, examination, reporting, and testimony by forensic pathologists are important to determine and demonstrate the cause and manner of death of individuals who die under sudden, unexpected, or violent circumstances. Cases involving political influence on the work of forensic pathologists have gained notoriety within the media and have been a source of concern for experts who practice in this highly selective field. In 2009, the National Research Council (NRC) of the National Academies published a report listing recommendations to strengthen the forensic sciences throughout the country. A specific recommendation within the report contends that medical examiner and coroner offices should be independent from, or at least autonomous within, law enforcement agencies and prosecutors’ offices. It is our position that forensic pathologists working in or for medical examiner or coroner offices or as private consultants should be permitted to objectively pursue and report the facts and their opinions of those cases which they are investigating independent of political influences from other agencies and institutions within their respective jurisdictions. This paper discusses three cases involving political influence, presents survey data of NAME members concerning such influences, and reviews the recommendations of the NRC.