Text-book of forensic medicine and toxicology — John Shaqi
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 duties of the public prosecutor are to bring all accused persons
to a bar of justice; and in addition he acts as the coroner does
in England. Any person who is supposed to know anything about the
case is interrogated by the Procurator-Fiscal, or is _precognosced_.
The examination is made on oath; the written evidence constitutes
the _precognitions_. Counsel for the accused or for the Crown may
precognosce witnesses.
The preliminary examination of the accused takes place before the
Sheriff or Justice, and he may commit the person for trial or liberate
him, according to the evidence.
The precognitions, in cases of committal, are forwarded to the Crown
Counsel in Edinburgh, who may stop the proceedings, or send the accused
before the High Court, Circuit Court of Justiciary, or Sheriff, with
or without a jury. The Justiciary Courts correspond to the Courts of
Assize in England. Should the case be so transferred for trial, the
witnesses are summoned by writ. A penalty of £5 may be imposed for
disobedience to such writ, or imprisonment pending expression of regret
before the Court, and tendering bail for appearance.
Common witnesses and medical witnesses to fact are not allowed in
Court except when giving evidence. Expert witnesses may be allowed to
remain in Court by mutual consent of counsel. When one expert witness
is giving evidence, other experts are required to leave the Court, and
no expert witness who may have been present during the examination of
common witnesses is allowed to give evidence as to facts.
The verdicts of “Guilty” or “Not guilty” are similar to those given in
England, but in addition a verdict of “Not proven” may be given, and
all are final. In the case of the last two the accused cannot be tried
again.
In Scotland the verdict of a bare majority of the jury holds
good, whereas in England the decision must be unanimous. In the
case of a suspicious death, or a dead body being discovered, the
Procurator-Fiscal, acting as a coroner does in England, but without
a jury, may direct a medical man to examine the body and send in a
report; but all reports must be certified _on soul and conscience_,
without which they are of no value. Should the medical examiner be
satisfied without making an internal examination, he may certify to the
Procurator-Fiscal on the result of his external examination.
Public-domain text, read in full here on John Shaqi.
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