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
Nevertheless, in that case the evidence of chemists who had examined
the wadding, and had discovered the marks on it which were said to
be powder-marks, and upon analysis had determined that they were
powder-marks, or that they were marks of powder which had exploded,
would have been clearly admissible.
The subjects concerning which medical men may be called upon to
testify as experts are as numerous as the diseases, injuries, mental
and physical conditions of the human race which fall within the range
of the practice of medicine and surgery. It is therefore practically
impossible to give them in detail.[185]
_Practical Suggestions and Admonitions Embodied in Rules._—It
is deemed advisable that the following practical suggestions and
admonitions to physicians, concerning their duties as expert witnesses,
shall here be given.
First: A physician should refuse to testify as an expert unless he is
conscious that he is really qualified as an expert.
Second: After accepting the responsibility, his first duty should be
to make a diligent examination and preparation for his testimony,
unless it is upon a subject with which he is familiar and which he
is satisfied that he has already exhausted, by reading the best
authorities that he can find, and by careful reflection upon particular
questions as to which his opinion will be asked.
Third: Where he is to make an examination of facts, such as the
post-mortem examination of a body, a chemical analysis or an
examination of an alleged insane person, he should insist upon having
plenty of time and full opportunity for doing his work thoroughly. He
should take particular pains to make his examination open and fair,
and, if possible, should invite opposing experts to co-operate with him
in it.
Fourth: He should be honest with his client before the trial in
advising him and giving him opinions, and upon the trial should
preserve an absolutely impartial attitude, concealing nothing,
perverting nothing, exaggerating nothing.
Fifth: On the preliminary examination as to his qualifications as a
witness he should be frank and open in answering questions. He should
state fully the extent and the limits of his personal experience and of
his reading upon the subject, without shrinking from responsibility,
yet without self-glorification.
Sixth: He should be simple, plain, and clear in his statement of
scientific facts and principles, avoiding the use of technical
language, and trying to put his ideas in such form that they will be
grasped and comprehended by men of ordinary education and intelligence.
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