Coronership is an ancient jurisdiction that has had a remarkable ability to evolve over the centuries. Often described as “ombudsmen for the dead,” who “speak for the dead to protect the living,” the primary purpose of coroners has always been to investigate sudden, unexpected, violent, and unexplained deaths. Four new conceptualizations of coronership emerged. Coroners work in multidisciplinary teams which include professionals, such as police, forensic pathologists, and lawyers. Coronial practice is also infused with human rights. Coronial practice can be conceptualized through a therapeutic jurisprudence lens because it may have therapeutic or anti-therapeutic outcomes. Coroners, in some jurisdictions, also have a statutory preventive purpose. Families who experience the coronial jurisdiction typically hope coroners’ prophylactic purpose will reduce the likelihood of similar deaths. Coroners’ recommendations are therapeutic for many families, providing a link between the therapeutic and preventive conceptualizations of coronership. Both conceptualizations involve recognizing the dead and their families. This chapter argues that recognition for the dead, their families, and everyone who encounters the coronial jurisdiction should be the core conceptual framework that guides practice. The purposes of this chapter are to (a) outline the conceptualizations of coronership, (b) discuss several international coronial systems, and (c) analyze the Australian and Aotearoa New Zealand coronial jurisdictions. Coronial information is important to many, such as policymakers and organizations interested in morbidity and mortality prevention. Given that coronership can save lives, it is important to ensure that the regulatory environment is enabling coroners and their multidisciplinary teams to harness that goal.

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Coronial Law in Australia and Aotearoa New Zealand

  • Jennifer Schulz,
  • Hugh Dillon

摘要

Coronership is an ancient jurisdiction that has had a remarkable ability to evolve over the centuries. Often described as “ombudsmen for the dead,” who “speak for the dead to protect the living,” the primary purpose of coroners has always been to investigate sudden, unexpected, violent, and unexplained deaths. Four new conceptualizations of coronership emerged. Coroners work in multidisciplinary teams which include professionals, such as police, forensic pathologists, and lawyers. Coronial practice is also infused with human rights. Coronial practice can be conceptualized through a therapeutic jurisprudence lens because it may have therapeutic or anti-therapeutic outcomes. Coroners, in some jurisdictions, also have a statutory preventive purpose. Families who experience the coronial jurisdiction typically hope coroners’ prophylactic purpose will reduce the likelihood of similar deaths. Coroners’ recommendations are therapeutic for many families, providing a link between the therapeutic and preventive conceptualizations of coronership. Both conceptualizations involve recognizing the dead and their families. This chapter argues that recognition for the dead, their families, and everyone who encounters the coronial jurisdiction should be the core conceptual framework that guides practice. The purposes of this chapter are to (a) outline the conceptualizations of coronership, (b) discuss several international coronial systems, and (c) analyze the Australian and Aotearoa New Zealand coronial jurisdictions. Coronial information is important to many, such as policymakers and organizations interested in morbidity and mortality prevention. Given that coronership can save lives, it is important to ensure that the regulatory environment is enabling coroners and their multidisciplinary teams to harness that goal.