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Coroner's Inquest in Henry County
The following information has been compiled
for the purpose of acquainting individuals and organizations
with inquest procedures.
Understanding these procedures will prevent
unnecessary delay and inconvenience to the family, friends, and
those persons having any questions regarding an inquest.
A
Coroner's Inquest is neither a civil nor a criminal trial
proceeding. It is simply an inquiry into the manner and
cause of an individual's death.
An inquest is conducted
by the Coroner or Deputy Coroner with a secretary and six jurors
present. The jurors are citizens of Henry
County, the county in which the
death took place.
The
purpose of the inquest is to present pertinent information
concerning the victim's death in order for the jury to arrive at
a cause and manner of death. The cause of death is often
readily apparent and obvious, based on the facts, circumstances,
medical evidence and in some cases toxicology and autopsy
results. The real essence of the jurors' responsibility is to
establish the manner of death (suicide, homicide, accident,
natural or undetermined).
The Coroner will summon to the inquest these individuals who
have pertinent information concerning the incident. This often
includes, but is not limited to the person who found the
deceased, witnesses to the incident, those involved, police
officers and investigators, and in some instances a direct
relative. All individuals summoned will present testimony
(answer questions) to the jury. Any professional reports
(autopsy, toxicology, x-ray and laboratory reports) will be
presented at that time. These reports are not released to the
public until the inquest procedures are concluded.
All information and testimony at the
inquest is recorded and/or transcribed by a coroner's
secretary. All such information will be documented verbatim in
an inquest transcript available approximately three weeks after
the inquest. This transcript may be reviewed in the Coroner's
office at no charge. A copy of the transcript may be purchased
at $3.00 per page pursuant to the
Illinois State law (Illinois
Revised Statutes, Chapter 34, Division 4-7, Coroner's Fees,
4-7001).
The inquest is
open to the public and may not be closed pursuant to any
requests to do so. Anyone may attend. We do not publish
inquest dates and times, but if someone would request a
notification, they are so notified by telephone at least seven
days preceding the inquest.
Attorneys are welcome to attend. The
need for an attorney is purely an individual decision. This
office neither recommends nor advises attorney attendance, the
exception being the Henry
County State's
Attorney, who is notified of all inquests in Henry County.
Attorneys are allowed to ask questions of witnesses as a
courtesy only, and such questions are directed to be a maximum
of two or three of each witness. Questioning is a courtesy
which may be revoked at any time. The family or anyone else
will not be permitted to question the witnesses nor supply their
own witnesses, however the family may testify if they wish,
again the exception being the Henry County
State's Attorney who can
question the witness any any time.
Upon completion of the testimony the
Coroner's jury will deliberate in private. They may request
additional testimony, evidence, or conference as they deem
necessary. When the jury has concluded their deliberations,
they will issue a verdict through the foreman as to the cause
and manner of death (accident, homicide, natural, suicide or
undetermined).
The
Coroner's verdict has no civil or criminal trial significance.
The verdict and inquest proceedings are merely fact finding in
nature and statistical in purpose. However, if a person is
implicated as the unlawful slayer of the deceased or accessory
thereto an arrest may be effected. This is extremely rare.
This function is performed by the State's Attorney through grand
jury proceedings.
This
testimony presented at the inquest is sworn and under oath and
properly documented and/or recorded. Because of this, testimony
may subsequently be used in perjury proceedings if such
testimony should change in future civil or criminal trial
proceedings.
IN SUMMARY THE INQUEST IS:
·
an informal inquiry or proceeding;
·
conducted by the Coroner or his deputy;
·
consists of a jury of six people, whose purpose is to determine the
cause and manner of death;
·
where testimony and evidence are presented;
·
recorded
verbatim by a court reporter in a transcript;
·
questioning by attorneys is a courtesy which is revocable;
·
verdict holds little significance other than fact finding and
statistical, with exceptions;
·
testimony cannot be changed at a later date;
·
open to the public;
·
verdict or inquest cannot later be changed or the inquest reopened for
any purpose (pursuant to opinions of the Illinois Attorney General);
·
cause and manner of death once established will appear at the conclusion
of the inquest on the permanent death certificate;
·
after the conclusion of the inquest a copy of the certified death
certificate may be obtained at the Henry County Health Department, 4424
U.S. Highway 34, Kewanee, Illinois 61443,(309) 852-0197;
·
all coroner's records are public and accessible after the inquest unless
so restricted by the State's Attorney or the court.
All such provisions and explanations presented herein are
subject to revision at any time. |