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
_Some Practical Suggestions as to Conduct of Witnesses on the
Stand._—In this preliminary examination, the conduct and demeanor
of the witness are of no little importance, because it is then and
there that he makes his first impression upon the court and jury.
He should be perfectly open and unreserved in stating his means of
special information, in explaining what are the limits of his personal
experience and the extent of his reading; but, at the same time, it
would be well for him to avoid all appearance of self-glorification
and all tendency to exaggerate his individual acquirements. Often has
it occurred that expert witnesses of undoubted capacity and honesty,
who are unfortunately grandiose and self-assertive in their manner,
have, however honest and able they might be, lost entirely their weight
with the court and jury by undue self-complacency and exaggeration of
their personal qualifications, during their preliminary examination.
This is a matter requiring tact and judgment and nerve, and should be
fully understood between counsel calling him and the witness, before
the witness is placed upon the stand. In that event, it will be quite
safe for the witness to closely follow the questions of counsel by his
answers, and to volunteer little or nothing. If his answers are not
full and complete enough, counsel can renew the question in the same or
in other form or carry the matter into greater detail. If, on the other
hand, his answer is too full or he appears too eager, he may create
a prejudice against him which nothing can overthrow, and which the
art of counsel upon the other side in cross-examination and in making
comments upon his testimony when summing up before the jury, will very
effectually use to destroy his weight as an expert.[184]
_Scope and Extent of Examination of Expert Witnesses._—Having stated
how experts may be summoned and qualified, it remains to consider the
scope and extent to which they may be examined.
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