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
ordinary man, unskilled and inexperienced, would not possess, and the
ability to use them must have come from the study of treatises on
such subjects, and from teaching and experience, to such an extent as
to entitle the persons so testifying to be considered by the courts
as qualified to express an accurate and sound opinion on the matters
and things under investigation. Thus it appears how, in such cases, a
departure became essential to the successful administration of justice,
from the strict rule that witnesses shall testify solely to matters of
fact and observation, and why it has long been considered that some
witnesses must be allowed to testify to opinions and conclusions.
Again, in a like case, a body is found bearing evidences of wounds or
bruises. The question to be determined is whether they were inflicted
before or after death; if before death, whether they were sufficient to
cause death. Some wounds and injuries might be sufficiently apparent
and dangerous so that the common, inexperienced eye would at once
detect that they were sufficient to cause death. But in most instances
this is not the case, and in such instances the testimony of experts
is required by the necessity of the case, to show that the wounds and
injuries were sufficient to cause death.
_The General Rules Stated as to Subjects for Expert Testimony._—Hence
the general rule is, that wherever the facts to be investigated
are such that common experience and knowledge of men do not enable
them to draw accurate conclusions, but are such that the study and
experience of specialists do enable such specially endowed persons to
draw accurate conclusions, then the inferences and deductions they
have drawn can be testified to by those who qualify themselves before
the court as persons having sufficient skill and experience as such
specialists to entitle them to give opinions. The cases in which expert
testimony is permitted to be given are set forth in Rogers on Expert
Testimony, Sec. 6, quoting from Jones _v._ Tucker (41 N. H., 546), as
follows:
“1. Upon questions of science, skill, or trade, or others of like kind.
“2. Where the subject-matter of inquiry is such that inexperienced
persons are unlikely to prove capable of forming a correct judgment
without such assistance.
“3. Where the subject-matter of investigation so far partakes of the
nature of science as to require a course or previous habit of study in
order to the attainment of knowledge of it.”
So also Chief Justice Shaw of the Supreme Court of Massachusetts, in
New England Glass Co. _v._ Lovell (7 Cushing, 319), said:
Public-domain text, read in full here on John Shaqi.
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