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
_Functions of an Expert Witness Essentially Judicial._—It is the
function of an expert witness to reason about facts, to explain their
connection with one another, and to draw conclusions and inferences
from them. Hence, a witness, however expert in any ordinary sense in
his specialty, when he is called upon merely to narrate facts which he
has observed, is an ordinary witness, and is governed by the same rules
which apply to the ordinary witnesses. When, however, he is called
upon, in addition to recounting facts, to explain or interpret them by
reference to assumed facts, he becomes properly an expert witness. It
thus appears that an expert witness must necessarily perform a part
of the duties which devolve upon the court or the jury. His position
is, therefore, essentially judicial, except that he has no power to
enforce his determinations by judicial process. The importance and
responsibility which the law thus confers upon an expert are of the
highest character. He ranks the coequal with the tribunal itself in his
peculiar province, so far as relates to his individual responsibility.
That this should tend to elevate such witnesses to a high social
position, and ought to require the most exact and faithful integrity of
purpose and statement, is self-evident.
_Difference Between Status of Expert Witnesses in France and Germany
and in the United States and England._—In some foreign countries,
notably in Germany and in France, experts in medico-legal matters have
an assured official position, and are generally not allowed to be
selected at hap-hazard according to the will or the length of the purse
of those who need their services. The consequence of this method of
obtaining expert evidence is, that expert witnesses in those countries
command a high measure of respect and honor.
Unfortunately, however, in this country, where the opposite practice
prevails, the weaknesses of human nature are such that the common
people, newspapers, lawyers, and even the courts in some recorded
opinions and decisions, have come to express a great want of confidence
in the weight and value of expert testimony. This deplorable result
of a bad system of procedure is universally recognized, yet our State
legislatures have as yet refrained from attempting to correct it.
Public-domain text, read in full here on John Shaqi.
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