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
The rule is, that when a witness is produced to give an opinion on a
medical question, he is interrogated by the counsel who produces him
as to his qualifications. At this point, before he is allowed to give
his opinion, it is proper and customary that the counsel upon the other
side of the case should be allowed an opportunity to cross-examine
as to his competency, and then the court determines whether or not
he is a competent witness. If the court pronounces him competent, a
hypothetical question is put to him stating the facts of the case, as
the counsel interrogating him claims them to be established by the
evidence, and the expert is then asked to give his opinion on the
question at issue, based upon an assumption that the facts stated are
truly stated. Then the opposing counsel has the right to cross-examine,
and to ask his views and opinions upon the same question at issue, but
assuming as true other and different facts or premises, as he claims
them to be established by the evidence. This often involves a test of
wit and intelligence, and of forensic acumen, between the counsel and
the witness, which serves very little useful purpose, except perhaps to
elucidate more strongly than has been here stated the defects of the
system which now obtains. It is also not unusual, and in fact is the
result of the workings of human nature, that under the manipulations of
counsel skilled in cross-examination, skilled in methods of indirection
in stating facts, and armed with the powerful weapon of the rule
which permits them to insist upon a categorical yes-or-no answer to a
question, the jury and the court become confused, the witness loses
his temper, or becomes affected more strongly than ever before by bias
against his persecutors, as he feels them to be, and the examination
ends in a farce. This is not always the case, and the illustration
given is an extreme one. Like the citations from judicial criticism of
expert testimony which have been given, these matters are only adverted
to here as danger signals, a warning to both professions, and with an
earnest suggestion of the necessity of reform.
EXPERTS, HOW SUMMONED INTO COURT.
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