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
It was in Germany that expert medical testimony was first legally
recognized. In 1507, George, Bishop of Bamberg, proclaimed a criminal
code in his domains. This was subsequently adopted by other German
states, and finally was the model upon which the _Caroline Code_, the
first general criminal code applying to the whole empire, was framed
and proclaimed at the Diet of Ratisbon in 1532.[37]
These codes, particularly the Caroline, distinctly provide for
utilizing the testimony of physicians. Wounds are to be examined by
surgeons who are “to be used as witnesses;”[38] and in case of death
one or more surgeons are to “examine the dead body carefully before
burial.”[39] They also contain provisions for the examination of women
in cases of contested delivery, or suspected infanticide;[40] for the
regulation of the sale of poisons;[41] for the detection and punishment
of malpractice;[42] and for examination into the mental condition in
cases of suicide and of crime.[43]
An early work on the practice of criminal law, based on the Caroline
Code, was published by the Flemish jurist, Josse de Damhouder, in 1554.
It contains a chapter treating of the lethality of wounds, which should
be determined by expert physicians and surgeons,[44] and describes
the course which is to be pursued in the judicial examination of dead
bodies. This is probably the earliest printed book (other than the laws
themselves) containing reference to medico-legal examinations,[45] and
antedates the writings of physicians upon the subject.
Although it was only in 1670 that the Ordinances of Louis XIV. gave
to France a uniform criminal code, medico-legal reports were made by
physicians and surgeons to the courts more than a century before.
Indeed, the earliest medico-legal work written by a physician[46] is
the 27th book of the Œuvres d’Ambroise Paré, first printed in 1575,
in which he directs the forms in which judicial reports shall be
made in various medico-legal cases.[47] During the remainder of the
sixteenth century France produced but three treatises on medico-legal
subjects.[48] One of these, written by the jurist A. Hotman, distinctly
mentions the employment of physicians to determine questions of fact.
In Italy works on medical jurisprudence were published at the close of
the sixteenth and beginning of the seventeenth century. The earliest
of these was a chapter of Codronchius, treating of the “method of
testifying in medical cases,” in 1597.[49] At about the same time, but
certainly later, appeared the work of Fortunatus Fidelis, to whom the
honor of being the first writer on medical jurisprudence is given by
many.[50]
Public-domain text, read in full here on John Shaqi.
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