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
It is in the investigation of these crimes that the law derives its
greatest support from the lights of science, and that the profession of
physic demonstrates the value and extent of her judicial utility. Let
the physician then, who approaches the tribunal of justice in order that
he may promote by his science the due execution of the laws, fully
appreciate the heavy responsibility of his situation; let his evidence
be so distinguished by its dispassionate and inflexible character, and
his opinions be so matured by study, and fortified by experiment, as not
only to ensure for himself the respectful attention of the court, but to
afford a practical illustration of the just pretensions and importance
of the liberal profession which he represents. The observations which we
have already offered on the subject of medical evidence (page 153)
render it unnecessary for us to enlarge on this occasion upon the
various duties it involves; and yet we cannot forbear from again
pressing upon the attention of all those, who are likely to be called
upon to assist the ends of justice, the great importance of preparing
their minds by preliminary studies; let it be remembered, that it is not
during the hurry and anxiety of a coroner’s inquest, nor amid the tumult
of popular prejudice and execration, that a medical practitioner should,
for the first time, adopt the physiological or chemical opinions by
which he is ultimately to decide upon the life of a fellow creature; and
yet it would be folly to conceal the unwelcome truth, that such a fact
has not unfrequently occurred on several of the more interesting trials,
upon which the medical witness has evinced any thing rather than a well
grounded acquaintance with the philosophical bearings of the question;
and while he has endeavoured to conceal his ignorance under the veil of
technical phraseology, he has artfully sought to shun the embarrassments
it might create by a display of bold and sweeping assertions, alike
hostile to the discovery of truth, and the administration of justice.
There is yet another evil to which those who are but imperfectly
informed on the question at issue are peculiarly exposed; their opinion
is always liable to be warped by extraneous circumstances, and they are
in consequence involuntarily apt to bend facts to their first view of
the case under consideration, to seize on a few circumstances which suit
their preconception, and to neglect or distort those which have a
contrary tendency; while, on the other hand, the practitioner who has
prepared his mind by study and experience, will, with equal diligence,
seek every avenue to truth, and will suspend his conclusions, until the
result of each investigation be fairly before him; in delivering to the
Court the opinion to which his researches have led him, he will be ever
careful to distinguish between the duties of an advocate, and those of
an unbiassed witness; he will state whether the conclusion at which he
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