Medical Jurisprudence, Volume 1 (of 3)Paris, John Ayrton
Science
Medical Jurisprudence, Volume 1 (of 3)
Paris, John Ayrton
Medical laws and legislation -- Great Britain
As Physicians, Surgeons, and others conversant in medicine and
chemistry, are constantly called upon to give testimony in Courts of
Justice, it is necessary for us to enter upon this subject of the law of
evidence, so far as it immediately affects the medical witness; it is
proper that he should understand when he is bound to appear, and on what
terms, and it may be useful for him to be prepared, by some previous
knowledge of the usual course of examination, for the difficulties and
objections which may arise in the progress of it. A scientific witness,
fully acquainted with the subject in dispute, and by his particular
knowledge well qualified to inform the Court on the most important
points, is too frequently rendered miserable in himself, and absolutely
ineffective to the ends of justice, by the diffidence which a man of
real acquirement generally feels, when impressed at once with the
novelty of his situation, a sense of the importance of the duty which he
is about to perform, and a consciousness that the truths which he is
about to utter, may be obscured, suppressed, or perverted, by
technicalities for which he is unprepared with any defence; we do not
mean to arraign the present forms of examination in general, when we
assert that some abuse in practice too frequently places the witness in
as painful a situation, as if he were himself a criminal.
Some knowledge of the law of evidence is the best security against this
inconvenience; we propose therefore to lay down a few general rules on
the points most likely to occur, and to refer our readers for more
particular information to those works which expressly or incidentally
treat on this subject.[230]
It is necessary in the first place to consider how the attendance of
witnesses is to be compelled by process, under what terms they must
appear, their liabilities if they fail to appear, and their duties when
in Court.
The writ of Subpœna _ad testificandum_, is the ordinary process of the
Courts for compelling the attendance of witnesses; by this the intended
witness is required to appear at the trial at a fixed time and place, to
testify what he knows in the cause, under the penalty of £100 to be
forfeited to the king.
Four witnesses may be included in one subpœna, but a ticket containing
the substance of the writ (which is to be shewn at the same time) is as
effectual service as the writ itself, (5 _Mod._ 355). The service must
be upon the witness in person, (_Cro. Eliz._ 130) and within reasonable
time, before the trial, respect being always had to the residence and
circumstances of the party.
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