Forensic Pathology Introduction

Forensic pathology is a field in criminology and medical jurisprudence that focuses on the study of a corpse to determine evidence that can be used in criminal justice or to determine the cause of death. The post mortem conducted by a forensic pathologist serves as the source of information for the autopsy report that is generated at the conclusion of the investigation. Having trained previously in anatomical pathology, the forensic pathologist will be able to determine the cause of death by examining the body and determining the process by which the person died. This paper will discuss forensic pathology in detail and show how it is of use in criminal justice.

Meaning of the Terms

The history of forensic pathology is rooted in the terminology: as Choo and Choi (2012) point out, “forensic” comes from the Latin term “forum,” which means “public.” Pathology is Greek in its origins and refers to suffering; thus, pathology by itself is the study of illness. Today, the term pathologist refers “to a physician who identifies, interprets, and diagnoses changes caused by disease in tissues and body fluids, either before or after death” (Choo & Choi, 2012, p. 20). Its historical terminology, however, indicates that as a science it was concerned with matters of public inquiry related to illness or suffering. Moreover, the main practice associated with forensic science—autopsy—stems from another Greek word, which means “to see for oneself” (Choo & Choi, 2012, p. 16). In forensic pathology, a forensic autopsy is conducted at the request of the state “to satisfy the law in special circumstances such as suspicious death” (Choo & Choi, 2012, p. 16). Thus, forensic pathology today is part of a public process of identifying whether a crime was committed in conjunction with the death of an individual.

Forensic Pathology throughout History

Autopsy has always been interconnected with anatomy and the study of medicine. However, in ancient cultures, such as in Babylon and in Asia, dissection of the human body was forbidden based on religious beliefs: it was considered an act of desecration to dissect a human body for any reason (Newell, 1995). Some exceptions to the rule can be found: the Egyptians, Greeks and Romans all understood the uses of pathologic anatomy and engaged in dissection as a matter of scientific inquiry related to anatomy; but there was still not much use of the technique of forensic pathology (Prayson, 2007). In the Middle Ages, human dissection was not even permitted until the 13th century. In Asia, Muslim communities had by then already begun developing a forensic pathology technique—in the century prior, in fact. Song Ci published the first book on postmortem examination in 1247 and it contained descriptions of “illustrated methods to use during the investigation of suspicious deaths and other forensic issues such as poisoning, decomposition, wounds from various weapons, strangulation, and fake wounds” (Choo & Choi, 2012, p. 17).

In Europe, the written record on forensic pathology did not begin until the 1500s, when Italian scholars began teaching courses on anatomy, dissection and forensic...

Benivieni published The Hidden Causes of Diseases in 1507 and later that same century, German courts had made a provision for requiring the testimony of medical experts to determine the cause of death in cases of murder, infanticide and abortion (Choo & Choi, 2012). Thus, it is safe to say, that by the end of the 16th century and in the 17th, forensic pathology was a respected field of science both in the East and in the West.
The founder of modern autopsy is considered to be Morgagni, who was highly influential in directing the field of inquiry. His work led William and John Hunter to teach pathology in England and by the end of the 18th century, Guy’s hospital in London was regularly conducting postmortem examinations (Finbeiner, Ursell & Davis, 2009). As technology became more instrumental in understanding the field, it was introduced with much appreciation. Virchow in Germany, for instance, is hailed as the father of pathology for being the first to use the microscope in pathological inquiries (Choo & Choi, 2012). By the end of the 19th century, all laboratory students would have access to microscopes and by the 1920s, the study of forensic pathology was being used by law enforcement, with the first crime lab constructed in Los Angeles during the era of Prohibition. A decade later, the FBI “made forensic sciences available on a nationwide basis for the first time in the United States” (Choo & Choi, 2012, p. 18). Under the FBI, forensic pathology became a staple in criminal justice in the U.S.

How Forensic Pathology is Managed by the State

In cases where a crime has been suspected, every state in the U.S. has the right to call for an autopsy to be conducted. There are three entities that have legal standing in these cases: the coroner’s office, the medical examiner’s office, and a mixed-system. The majority of states in the U.S. have a medical examiner’s office in charge of conducting autopsies for the state. A dozen states rely on the coroner’s office for its forensic needs, while 16 states used a mixed-system approach with both medical examiners and coroners being utilized.

The role of the coroner as either an elected official or a publicly appointed official is to inspect the cause of any death that it deems suspicious—i.e., unnatural. In the U.S., the coroner is part of the executive branch and thus can both issue subpoenas and hold inquest. As Choo and Choi (2012) note, the “major function of the coroner is to determine cause and manner of death” (p. 20). In the field of forensic pathology, the coroner’s office is something of a problem in that not every coroner is required to by a physician—i.e., while the coroner is required to have some training in pathology, his lack of a medical background could lead to inaccurate findings in autopsies. Additionally, in some states, the sheriff can rule on the cause of death and serve in this capacity as the coroner. This has political ramifications and also social ramifications that bring conflicts of interest to field of forensic pathology (Maio & Maio, 2001).

For that reason, the majority of states in the U.S. have shifted to the medical examiner’s system. The medical examiner is meant to be…