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
Should the Procurator-Fiscal consider it requisite to have a complete
examination, he issues a warrant to that effect to the medical
practitioner who has seen the case, and usually associates with him the
most skilled practitioner available in the neighbourhood. The warrant
consists of a petition by the Procurator-Fiscal, addressed to the
local judge, setting forth the grounds of his application, and craving
warrant to the inspectors named to make the necessary examination. This
is signed by the Procurator-Fiscal, and countersigned by the Sheriff or
local judge, if granted. The receivers of this warrant are empowered
to take full custody of the body, and they should be _careful to carry
the warrant with them_, or they may be refused admission pending its
production, which may result in great waste of time, and end in a
miscarriage of justice. The Procurator-Fiscal may supply to the medical
inspectors portions of the precognitions likely to bear on the medical
part of the inquiry. Medical men ought to be on their guard against
performing dissections in cases evidently judicial without previously
warning the proper law authorities, or without a warrant; for instances
have occurred where, owing to the want of proper support, obstructions
were thrown in the way which might have proved fatal to the value
of the investigation; and, besides, the premature disclosure of the
results of the inspection might frustrate other important steps of the
precognition.
The medical men so engaged will, as a rule, find it to their interest
to exclude all visitors, whether lay or professional, from the room
during the dissection. The regulations issued by the Crown Office,
Edinburgh, direct that no one should be allowed to be present at
the examination out of mere curiosity, and recommend that any one
not engaged in the inspection, but who is in attendance to give
information, or for any other purpose, and who may afterwards become
a witness, should remain in an adjoining room. The medical inspection
often furnishes good tests of the value of other evidence in the case;
therefore, it is desirable that the general witnesses should not have
an opportunity of knowing what is observed in the dissection of the
body. The notes of a case should be made at the time of inspection or
immediately afterwards. In the case of _post-mortem_ examinations it
is better that while one inspector conducts the practical details of
the examination, the other should take notes of its successive steps,
indicating all the points inquired into, with the observations made,
the appearances presented, negative as well as positive, stating simple
facts alone, without either generalisations or opinions. These notes
should be looked over by both inspectors before the body is sewn up, so
that omissions in the notes, or in the inspection itself, may be then
supplied.
Citation of Witnesses--Subpœna
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