A forensic necropsy is a necropsy performed as part of a legal investigation. These cases are often submitted by law enforcement or animal control organizations, usually with the suspicion of criminal offenses, such as animal cruelty or neglect. Sometimes, the cases are submitted by a referring veterinarian or owner, and law enforcement becomes involved only after the results suggest cruelty or neglect. Forensic necropsies can also include cases of suspected veterinary malpractice and cases of animals that die while in the custody of a law enforcement agency.

Ideally, a forensic necropsy would be performed by a board-certified veterinary pathologist with extensive training and experience in forensic cases. The American College of Veterinary Pathologists has recently recognized a small but growing group of Fellows in Veterinary Forensic Pathology. However, the number of forensic cases far exceeds the current capacity of this group, so other pathologists, diagnosticians, and, in some cases, veterinarians with no formal training beyond a necropsy rotation in veterinary school are asked to perform these examinations. The aims of this chapter are to provide practical guidance on performing an appropriate forensic necropsy.

The forensic necropsy uses the same skill set needed for investigation of natural disease, and the dissection techniques described in this guide are sufficient for almost all medicolegal death investigations. However, the analytical framework, purpose, and the need for legal credibility distinguish forensic pathology from diagnostic pathology. The postmortem examiner must be able to communicate clearly, accurately, fairly, and objectively, in writing and verbally, the relevant findings to the police, prosecutors, defense counsel, jurors, and the judge using language that can be understood by persons with little or no training in medical science. The veterinarian who performs a forensic necropsy must be prepared to testify as an expert witness.

The major differences between diagnostic and forensic necropsies are summarized in Table 24.1.

The first step of any forensic necropsy is to establish and maintain a chain of custody (Figure 24.1) to ensure that all results are admissible in court. Also, the timing and method of disposal of remains must be determined prior to necropsy. Unless the defendant has surrendered ownership of the animal to the police or a humane society, they retain property rights to the body. The owner may want the remains returned for burial, cremation, or request a second necropsy. Sometimes, a request is made to hold the remains until the case is adjudicated. These requests should be declined since few, if any, veterinarians can provide secure long-term storage of bodies. In these cases, the bodies should be returned to the submitter for retention as evidence. Disposition of the remains must be recorded in the report.

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