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
Such stinging criticisms as these, and others which might be cited,
of a like character, may not be always merited. It is certain that
medical experts’ opinions, if fully enlightened by scientific research
and free from partisan bias, ought to occupy a position like that
of judicial opinions in weight and decisiveness upon the questions
submitted to them. Such was the position occupied in the public
estimation, and in that of judges and counsel, by the great Dr. Caspar
in Germany, and Foedere or Pinel, and others since their time, in
France. But this position was acquired chiefly because of the fact
already mentioned, that under the system of administration of justice
which prevails in those countries these great men were regarded, and
acted, as a component part of the judicial system. They were called
in as officers of the law to assist the court in forming a judgment,
and determining disputed questions of fact, in cases involving life
and death, or the devolution of property, where scientific experience,
knowledge and skill, not possessed by judges or by counsel, was
necessary for the determination of the questions involved. The root
of the evil in America is, as already pointed out, to be found in
the system which allows parties to retain and pay their own experts
without any substantial restrictions. Sooner or later, among the other
reforms in our judicial system, it will be found necessary to reform
this evil by the enactment of laws requiring that the witnesses in
medico-legal cases, particularly those in which a crime is alleged
to have been committed, shall be designated by the court, or by some
public authority, and paid from the public treasury instead of by
the parties. Such experts would then occupy their proper position of
special counsel, advising and assisting the legal counsel and the
court, but they would not be taken out of this sphere and put in the
utterly inconsistent one of witnesses. Their status and their duties
would be as clearly distinguished from that of expert witnesses as now
known, as the status and duty of the lawyer are from the status and
duty of the judge. The present system has been said to be very much
like putting a lawyer, who has just argued his client’s case, on the
bench to decide it. Whether experts should be appointed as permanent
government officials, like our judges, or should be selected specially
for each case like juries, referees, or arbitrators, and in the latter
event whether they should be nominated by the parties and selected by
the court from such nominees, or otherwise, are all questions of detail.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account