Aids to Forensic Medicine and ToxicologyRobertson, W. G. Aitchison (William George Aitchison )
Science
Aids to Forensic Medicine and Toxicology
Robertson, W. G. Aitchison (William George Aitchison )
Medical jurisprudence; Poisons
A witness may be subjected to _three_ examinations: first, by the party
on whose side he is engaged, which is called the 'examination in chief,'
and in which he affords the basis for the next examination or
'cross-examination' by the opposite side. The third is the
're-examination' by his own side. In the first he merely gives a clear
statement of facts or of his opinions. In the next his testimony is
subjected to rigid examination in order to weaken his previous
statements. In the third he is allowed to clear up any discrepancies in
the cross-examination, but he must not introduce any new matter which
would render him liable to another cross-examination.
The medical witness should answer questions put to him as clearly and as
concisely as possible. He should make his statements in plain and simple
language, avoiding as much as possible technical terms and figurative
expressions, and should not quote authorities in support of his
opinions.
An expert witness when giving evidence may refer to notes for the
purpose of refreshing his memory, but only if the notes were taken by
him at the time when the observations were made, or as soon after as
practicable.
There are various _courts_ in which a medical witness may be called on
to give evidence:
1. =The Coroner's Court.=--When a coroner is informed that the dead body
of a person is lying within his jurisdiction, and that there is
reasonable cause to suspect that such person died either a violent or
unnatural death, or died a sudden death of which the cause is unknown,
he must summon a jury of not less than twelve men to investigate the
matter--in other words, hold an inquest--and if the deceased had
received medical treatment, the coroner may summon the medical attendant
to give evidence. By the Coroners (Emergency Provisions) Act of 1917,
the number of the jury has been cut down to a minimum of seven and a
maximum of eleven men. By the Juries Act of 1918, the coroner has the
power of holding a court without a jury if, in his discretion, it
appears to be unnecessary. In charges of murder, manslaughter, deaths of
prisoners in prison, inmates of asylums or inebriates' homes, or of
infants in nursing homes, he must summon a jury. The coroner may be
satisfied with the evidence as to the cause of a person's death, and may
dispense with an inquest and grant a burial certificate.
Cases are notified to the coroner by the police, parish officer, any
medical practitioner, registrar of deaths, or by any private individual.
Witnesses, having been cited to appear, are examined on oath by the
coroner, who must, in criminal cases at least, take down the evidence in
writing. This is then read over to each witness, who signs it, and this
forms his _deposition_. At the end of each case the coroner sums up, and
the jury return their verdict or _inquisition_, either unanimously or by
a majority.
Public-domain text, read in full here on John Shaqi.
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