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
imputed to him as any indiscretion whatever.” The examination
consequently proceeded.
The observations of Mr. _Haslam_, in his work on _Medical Jurisprudence_
as it relates to Insanity, (London 1817) are so pertinent to our present
subject that we shall give them in his own words: “The important duty
which the medical practitioner has to perform, when he delivers his
testimony before a Court of Justice, should be closely defined,
conscientiously felt, and thoroughly understood,—his opinion ought to be
conveyed in a perspicuous manner; he should be solemnly impressed that
he speaks upon oath, the most sacred pledge before God between man and
man—and that the life of a human being depends upon the clearness and
truth of his deposition: he is not to palm on the Court the trash of
medical hypothesis as the apology for crime; neither should the lunatic
receive his cure at the gallows by the infirmity of his evidence; but
above all, his opinion should be so thoroughly understood by himself, so
founded by experience and fortified by reason, that it may resist the
blandishments of eloquence and the subtil underminings of cross
examination. The Physician should not come into Court merely to give his
opinion—he should be able to explain it, and able to afford the reasons
which influenced his decision—without such elucidation opinion becomes a
bare dictum.”
“It is to be regretted that on many occasions, where several medical
practitioners have deposed, there has been a direct opposition of
opinion:—this difference has sometimes prevailed respecting insanity,
but more frequently in cases of poison. It is not intended to account
for this contrariety of evidence; much will depend on the sagacity of
the Counsel to institute the proper enquiries, and still more will be
incumbent on the medical evidence, in order to explain and establish his
testimony.
Public-domain text, read in full here on John Shaqi.
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