Text-book of forensic medicine and toxicologyBuchanan, R. J. M. (Robert James McLean)
Science
Text-book of forensic medicine and toxicology
Buchanan, R. J. M. (Robert James McLean)
Medical jurisprudence; Poisons
The grand jury hear the evidence of such witnesses as they think fit,
apart from counsel. Should the grand jury consider the case one for
trial, they return a “true bill,” and it goes before the judge and
petty jury; if not, they “cut the bill,” and the accused is discharged.
Medical witnesses may be called upon, when under subpœna, to give
evidence before the grand jury.
The Crown Court of Assize consists of a judge and a sworn jury of
twelve men, called the petty jury. The latter hear the evidence of
witnesses, and are guided by the summing up of the judge. They deliver
a verdict after consideration of the evidence by which the accused
person is found guilty or not guilty. The judge, after receiving the
verdict, allots such punishment as he considers just. In certain cases
the prisoner when convicted may appeal to the Court of Criminal Appeal.
In the Assize Courts only barristers can plead; in the Magistrates‘
Courts of Petty Sessions, solicitors or barristers may plead.
In the Courts of Assize the witnesses are subject to the following
routine of examination. First, _Examination-in-chief_: this the witness
undergoes at the hands of the barrister who is pleading on behalf of
the party by whom the witness is called. In this examination such
questions are put to the witness as may elicit answers conveying to the
judge and jury a clear account of all the witness knows with regard to
the case. After the examination-in-chief, the counsel of the opposite
side subjects the witness to _cross-examination_, in such a way as to
shake the evidence given by the witness during his examination in chief
in points which would weigh against the prospects of his client. _It is
during cross-examination that a medical witness may be subjected to
questions which suggest answers capable of a different interpretation
from those he had previously given._ After cross-examination, the
counsel for the party upon whose side the witness appears subjects the
latter to _re-examination_, if he consider it necessary, during which
he endeavours to clear up any doubtful points in the evidence given by
the witness during cross-examination, with the purpose of eliciting an
explanation of their meaning.
The judge and members of the jury may put such questions to the witness
as they may consider necessary.
The same method of procedure applies to the higher Courts.
SCOTLAND
In Scotland public prosecutors are appointed by the Crown. The
chief public prosecutor is the Lord-Advocate; next in rank come
the Deputy-Advocates and Procurator-Fiscal. The Lord-Advocate and
Deputies take charge of cases in the High Courts of Justiciary, the
Procurator-Fiscal in the lower Courts.
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