Anomalies of the English lawChester, S. Beach (Samuel Beach)
History
Anomalies of the English law
Chester, S. Beach (Samuel Beach)
Law; Law -- Great Britain -- History
It is to be hoped that this section will be the means of establishing
the rules of procedure on an exact basis. Also, there is no reason
why the rules relating to evidence should not be applied with as much
strictness in a coroner’s court as in a Metropolitan Police court. It
is true that in numerous cases a coroner’s inquest savours more of a
_quasi_-scientific investigation than a legal inquiry, but it should
be borne in mind that it is primarily concerned in upholding the law
by checking or discovering crime. Candidly, a better appreciation of
this aspect of his functions would improve a coroner’s status among
legal practitioners. Whether a man died from cerebral hemorrhage or
syncope is really of little importance, provided he did not die by
some unnatural means. The everlasting verdict, “Death from Natural
Causes,” is far too frequent. Admittedly, where a medical practitioner
has refused to certify the cause of death, the coroner has in the past
been bound to order an inquiry, but in numberless instances the result
of a great deal of trouble has merely been a verdict of natural death.
Of course, this is not to be construed to apply to cases originating in
suspicion. Where there is suspicion, there should be an inquest. Where
there is no suspicion as a _raison d’être_ for an inquest, there should
be no inquest.[8] This would do away with hundreds of useless and even
expensive inquiries. The “medical investigators or pathologists” of the
new Bill should often be able to satisfy themselves, by the appearance
of the body and the circumstances attendant upon the death, without
having recourse to a _post mortem_ examination.
Public-domain text, read in full here on John Shaqi.
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