Medical experts: Investigation of Insanity by JuriesThorne, W. S.
Science
Medical experts: Investigation of Insanity by Juries
Thorne, W. S.
Insanity (Law); Medical jurisprudence; Medicine -- California
I will here venture the belief that the medical man whose testimony will
carry with it the greatest weight, will be he, who, in addition to his
own experience, can supplement it by the accumulated experience of many
others, whatever be _his_ age or however limited _his_ experience. An
eminent lawyer once remarked in my presence: "You doctors make bad
witnesses. When asked by counsel, questions which no man can answer, why
don't you confess your inability to do so?" I have often seen a medical
witness floundering through an attempted definition of insanity--of mind
and its relations to matter. Herbert Spencer begins his chapter on mind
by declaring that we do not know, and probably never shall know,
anything concerning mind. It is in nowise derogatory, therefore, to our
intelligence, to admit the same unwelcome truth.
To recapitulate, then, the causes, as I understand them, of the merited
discredit attending expert testimony in medico-judicial inquiries, are:
_First_--A diploma and active practice constituting the only legal
requirement for that position. _Second_--Inequality of professional
acquirements; an inequality, I may remark, resulting from a difference
of industrious habits in the later years of professional life.
_Third_--Inharmony among professional men. These, I am persuaded, are
the proximate causes of the ridicule and contempt with which medical
testimony is at present received in California courts. The remedies for
the evil may be briefly stated to consist in: _First_--A united
profession, determined to elevate the standard of medical education.
_Second_--The formation of local medical societies for the interchange
of ideas and harmonious intercourse, and the promotion of mutual
improvement in medical and collateral science. _Third_--The
establishment in the medical department of the University of California
of a Chair of State Medicine for the benefit of those who desire to fit
themselves for service in medico-legal investigations.
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