NCJ Number
214133
Date Published
2006
Length
10 pages
Annotation
This chapter discusses the legal requirements and process for exhuming (removing from a burial site) a lawfully buried body for the purpose of an investigation associated with a criminal or civil legal process.
Abstract
In recent years, exhumations have been conducted in connection with the identification of bodies in mass graves in war-crimes cases. Advances in DNA technologies have also increased the interest in exhumations to resolve questions of paternity and genealogy. The first issue the pathologist must address when an exhumation is suggested is whether the procedure will provide answers to the questions at issue in the exhumation request. Although questions about the condition of the body will usually arise, there is no way to predict this due to the many variables that affect the rate of deterioration of soft tissues and bone. The legal requirements for exhuming a lawfully buried body vary widely among jurisdictions and may be governed by Federal, State, or local laws applicable to where the body is buried. An exhumation is a team effort that includes a forensic pathologist, toxicologist, serologist, forensic dentist, forensic anthropologist, radiologist, photographer, and crime lab personnel. The chapter mentions the various types of issues that might be the focus for an exhumation in a civil litigation. Also discussed are special circumstances likely to accompany exhumations related to unlawful burials and exhumations conducted to resolve historical questions. The types of material that may remain for investigation after a cremation are discussed as well. 12 photographic figures