A Synoptic Review of the 1954 “Model Postmortem Examinations Act”

Abstract

In 1954, the Uniform Law Commissioners (formerly the National Conference of Commissioners of Uniform State Laws) published a “Model Postmortem Examinations Act” (the Act). This article is a brief summary of the contents of that publication. The Prefatory Note states that the purpose of the Act is to “provide a means whereby greater competence can be assured in determining cases of death where criminal liability may be involved.” The basic idea is that each state could have a Medical Examiner Commission to oversee a state Office of Postmortem Examinations and a Chief Medical Examiner for the state. This concept is one that some Chief Medical Examiners and states may favor, while other Chief Medical Examiners and states may not. In fact, it appears the latter may be the case because as of 2014, there are only 13 states which have such a commission, if not in practice, in state statute. In the sixty years since the Act, only about half of states have a state medical examiner. Thus, neither concept of state medical examiners and commissions has evolved to the level that may have been expected in 1954 when the Act was published. The National Association of Medical Examiners has attempted to spark interest in writing a new model death investigation act, but has not been successful in getting that accomplished. Neither the Uniform Law Commission, the American Medical Association, nor the American Bar Association has taken an active lead in developing a new and modernized Act.