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
“The lawyer’s object is the interest of his employer, and for the
fulfilment of his duty he is frequently compelled to resort to a
severity of investigation which perplexes the theories, but more
frequently kindles the irritable feelings of the medical practitioner.
This distrust on the part of the lawyer, however unpalatable, is fully
justified, most witnesses going into Court with the preconcerted
intention of _proving_ to a certain extent:—and those most conversant in
the history of human testimony, have been extremely scrupulous of
admitting it as uniform truth until it has been carefully sifted.
Guarded with these precautions, and armed with professional experience,
the medical practitioner may approach the tribunal of justice with
confidence and advantage to the cause of Truth. However dexterous he may
shew himself in fencing with the advocate, he should be aware that his
evidence ought to impress the judge and be convincing to the jury.”
Their belief must be “the test by which his scientific opinion is to be
established. That which may be deemed by the medical evidence clear and
unequivocal, may not hit the sense of the gentlemen of the long robe,
nor carry conviction to the jury.”
There is a natural propensity in human nature, from which the most
honorable minds are not free, to view all questions through the medium
of some preconceived opinion; in law and politics it is every day
evident, in physic and in science it is too often apparent. Hence our
law has wisely contrived its modes of _vivâ voce_ examination, in which
the judge, the jury, and the counsel, on both sides, are equally
empowered to sift the truth, and thus counteract the leaning which any
witness may be supposed to have towards the party producing him: a
foreign writer of celebrity objects to this method, and prefers the mode
adopted generally on the continent of requiring written reports or
depositions; we leave our readers to conclude how liable such documents
are, especially with a people of lively imagination, to become
controversial pamphlets, straining on either side for victory, and not
for truth.
Public-domain text, read in full here on John Shaqi.
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