Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1Witthaus, R. A. (Rudolph August)
Science
Medical Jurisprudence, Forensic medicine and Toxicology. Vol. 1
Witthaus, R. A. (Rudolph August)
Medical jurisprudence; Poisons; Toxicology
_Introductory—Distinction Between Expert Witnesses and Other
Witnesses._—One of the most important positions that a medical man
is called upon to assume by virtue of his professional character, is
the position of expert witness. Most writers on medical jurisprudence
confine themselves, in the discussion of this subject, to presenting
the medico-legal rules which appertain to this position, and concede
its high importance. Before defining what is meant by the term expert
witness, or treating of the rules which determine the status of such
witnesses in court, and their duties, it seems advisable to introduce
the subject by a brief consideration of the distinction between
ordinary witnesses and expert witnesses. When medicine and law are
united in the purpose of investigating facts, and bringing about a
legal determination as to what are or are not facts, they co-operate
with each other in this way. The law furnishes the machinery for the
inquiry and the rules which determine how it shall be prosecuted.
The medical man, however, is called upon as an assistant to the law,
because of his skill and experience in his profession, which enable
him to ascertain and interpret the circumstances from which the facts
sought to be established are to be inferred. Ordinary witnesses testify
concerning matters of observation, the court and jury being endowed
with the sole power to determine the credibility of their evidence
and the true result of their observations. Yet the border line of
distinction between witnesses who testify merely to actual matters
of observation, and those who give their opinions upon and draw
inferences from established facts and circumstances, is a wavering
one. The general rule of evidence is well understood, that hearsay
evidence is inadmissible, and yet, like any other rule, this has its
exceptions which grow out of the necessities of given cases. This is
so because there are and always will be, matters brought before courts
for investigation and determination, long after the witnesses who
personally saw the facts and circumstances of the particular case in
which such matters are concerned have died, or have withdrawn beyond
the reach of the process of the court. Possibly no record in writing
of such facts and circumstances has been left, or if in writing it
lacks the sanctity of being a judicial writing, and hence is no better
evidence than any other form of hearsay evidence. For this reason in
matters of family history, pedigree, custom, and the like, hearsay
evidence is permitted, and is entitled to as much weight as any other
evidence, if the witnesses giving it be trustworthy.
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