THE SCENE OF DEATH

• Jurisdiction: Australia

General principles ......................................................................................... [33A.700]

Confirming the fact and time of death .......................................................... [33A.710]

Health and safety .......................................................................................... [33A.720]

Security and media ....................................................................................... [33A.730]

Time of death ................................................................................................ [33A.740]

Body temperature.......................................................................................... [33A.750]

Rigor mortis ................................................................................................... [33A.760]

Hypostasis ..................................................................................................... [33A.770]

Decomposition............................................................................................... [33A.780]

Death scene reconstruction .......................................................................... [33A.790]

Transportation ............................................................................................... [33A.800]

Scene photography ....................................................................................... [33A.810]

Body photography ......................................................................................... [33A.820]

[33A.700] General principles

The investigation of a death by a forensic pathologist involves knowledge of the patient's medical condition and circumstances prior to the death, the events surrounding the death and findings at the scene prior to commencement of any autopsy.

In most fatalities, the forensic pathologist will not attend the death scene either because of the nature of the death or physical distance making attendance impracticable. Typically, forensic pathologists may attend the scene of homicides and suspicious deaths where the body is at the scene, deaths involving skeletal remains (if a forensic anthropologist is not available), mass fatalities and deaths in custody and during law enforcement operations, as well as those scenes where crime scene investigators require medical expertise at the scene.

If at the scene then the pathologist can provide expertise in areas such as determination of likely time of death, cause of death and manner of death, as well as providing assistance with regard to interpreting the presence of medications, medical referral letters for hospital appointments and items of medical equipment which may assist in the identification of significant natural disease processes that might explain the death. Some deaths can result in alarming death scene findings which can be readily explained by the pathologist on the basis of medical knowledge; examples include deaths due to massive bleeding from the upper gastrointestinal tract in persons with liver disease, exsanguinating bleeding from an infected varicose vein on a leg in an elderly person and paradoxical undressing and scene disarray in cases of hypothermia. In such circumstances, early information from a forensic pathologist at a death scene can be critical in influencing the subsequent direction of the investigation. In some circumstances, especially in suspicious deaths, the pathologist may also take intimate and trace evidence specimens from the body at the scene to maximise evidence recovery.

[33A.710] Confirming the fact and time of death

It is not necessarily the task of the forensic pathologist to determine the fact of death at a death scene because very often by the time the forensic pathologist attends at a death, ambulance officers will already have confirmed the death. However, where this has not occurred the pathologist should confirm the fact of death at the scene because this obviates the need to transport the body to a hospital emergency department for confirming the fact of death and thereby reducing the number of individuals who need to have direct contact with the body and who might increase the risk of forensic trace evidence contamination.

Although confirming the fact of death might be considered a formality, such as in the case of a decomposed or fragmented body, it is a legal requirement, as the time of certification is effectively a fixed point in a coronial investigation. The time, date and place of the certification of death as well as the full name of the medical practitioner who confirmed the fact of death should be passed on to the coroner, police and other forensic personnel immediately after the determination has been made.

[33A.720] Health and safety

Occupational health and safety issues are important in any forensic investigation. The dead body as a biological entity and any surfaces that body may have come in contact with constitute potential hazards to all who may come into contact with them. The transfer of biological material from a deceased person or a contaminated surface to an investigator could theoretically result in the investigator acquiring an infectious disease, although the real risk of this is probably low. Background knowledge concerning the deceased's lifestyle and medical history may enable investigators to assess the risk of biological hazards and to take appropriate precautions. Some death scenes are intrinsically hazardous to such an extent that it is impossible to carry out an effective death scene examination. For example, there may be dangerous chemicals or radioactive material at the scene; the scene may be in a remote inhospitable area with the only possible access being by air or sea; or the scene may be unstable as a result of a building collapse, fire or explosion.

Appropriate safety clothing and equipment should always be part of the forensic pathologist's resources. They not only protect the pathologist from environmental hazards but also usually have the added benefit of preventing the investigator from contaminating the scene with material from their body. Hard hats, masks, respirators, safety glasses, safety boots and safety gloves as well as impermeable overalls may be required in some environments. In cases involving particularly dangerous or hazardous toxins, such as pesticides, drug lab sites or where radiation exposure is possible, further assistance and equipment from specialist emergency services organisations may be required.

The physical work at a death scene may involve risk of injuries arising out of the way in which the pathologist and other death investigators physically perform the tasks involved. A dead body is usually a heavy object; proper procedures need to be in place for moving, lifting and transporting bodies in a manner that does not cause injuries to the investigator. Musculoskeletal injuries, in particular to the back, are a problem for healthcare workers involved in the physical care of patients. Death scene investigators are similarly vulnerable.

In addition to physical dangers, regular involvement in the handling of deceased persons and exposure to traumatic death scenes can cause psychological harm to death scene investigators, especially in the setting of mass disasters. There is a risk of development of acute stress disorder and post traumatic stress disorder (PTSD) in all emergency services providers, and education on means of coping, formal debriefing and critical incident stress management must be built into death investigation protocols. Regular long-term counselling of some staff involved in this work may be required and should be provided by employers. The need for these services should be assessed on a regular basis and involvement of specialist staff should be considered as part of formal debriefing processes (Brondolo et al, 2008).

[33A.730] Security and media

Security of the death scene is essential to ensure that the evidence collected from a crime scene or a death scene can be trusted and will be admissible as evidence in court. Systems need to be in place to show that the evidence is reliable and truly reflects the material present at the death scene or involved in the death. In particular there needs to be evidence of continuity or a clear "chain of evidence".¹ There should be no possibility that the evidence from the scene could have been interfered with, altered or...