| Show Inquests Should Be Made Mandatory Some time ago key law enforcement officials and civic leaders leaders leaders lead lead- ers interested in better law enforcement unanimously indorsed a proposal for changes in Utah's laws governing inquests to tomake tomake tomake make the holding of an inquest mandatory in all cases of violent death It was pointed out that under present state law it is entirely within the discretion of the justice of t the e peace whether or not an inquest should be held Furthermore the justice if he decades decides decides de de- de- de cades to hold an inquest must get the permission of the county commissioners before he can hire technical assistance in investigating investigating investigating gating the death and in having a written record of the proceedings proceedings proceedings proceed proceed- ings made It was agreed that under this system there were too many loopholes which tend to prevent the revelation of anything untoward untoward untoward un un- un- un toward in a violent death or of any criminal culpability on anyone's anyone's anyone's any any- ones one's part in connection wit with such a death Especially does this apply to suicide or supposed cases of suicide and to supposed accidental deaths in traffic or otherwise which may not be accidental at all aU or which may involve gross negligence or law violation on someone's part As a result a bill was introduced in the current session of the legislature declaring that it Hit shall be the duty of every ever justice justice justice jus jus- tice of the peace to hold inquests on the bodies of such persons as are supposed to have died by unlawful means or where no person was present at the time of death of such persons dying within the city town or precinct of such justice It shall be the duty of any peace officer or other person having knowledge or information of such death as hereinbefore set forth to immediately immediately immediately immedi immedi- notify the nearest available justice of the peace of such death That may not have been a completely satisfactory measure in that it did not make an inquest mandatory in every case of violent death yet it undoubtedly was an improvement over the present law That bill however was withdrawn It has now been presented in amended form and reported favora-bl favora favorably by the house committee on municipal and county affairs The amended bill in The Telegrams Telegram's opinion is almost no improvement over the present law It does require peace officers officers officers cers to notify the county attorney of any death supposed to have been from unlawful means But that means little Violent or unusual deaths usually come to the county attorneys attorney's attention attention attention atten atten- tion anyway anyway and and if the peace officer has to suppose that the death was by unlawful means then he just doesn't have to todo todo todo do any supposing to be entirely within the law This amended bill further provides that the county attorney shall investigate such a death and make recommendation to the justice of the peace as to an inquest This latter provision is of very ver little value It still apparently leaves it within the discretion discretion discretion dis dis- dis- dis of the justice whether an inquest shall be held regardless regardless regard regard- less Jess of the county attorneys attorney's recommendation Furthermore as asa asa asa a matter of fact the county attorney has acted under present law in fu just about that fashion As a practical matter county attorneys because of their influence over justices of the peace Idue due to our justice of the peace fee system have exercised a good deal of control over inquests and determined in most cases whether or not one should be held There is nothing mandatory about this proposed law It simply recognizes the advisory status of the county attorney which has already existed It gives no assurance that deaths by bt violence will be properly and publicly investigated It still leaves plenty of loopholes by which criminal culpability may never be uncovered and by which th the true facts on unusual and questionable deaths may never be brought into public view The bill should be amended so as to provide for mandatory mandator inquests in all cases of violent death before it is passed |
