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
6. Always avoid superlatives and all epithets of feeling or
impressions on the mind.
7. Always avoid speculative opinions and reference to moral
circumstances, unless specially required to do so.
8. State your conclusions at the end of the Report in as few
sentences as possible.
9. Keep a rough draft of all your Reports, for future
reference.
10. Transmit Report, signed and dated, without unnecessary
delay, to the proper authorities.
=Dying Declarations.=--The principle on which these are accepted is
founded, partly on the awful situation of the dying person, and partly
on the absence of interested motives in one on the brink of eternity,
and which is supposed to obviate the necessity of a cross-examination.
The law presumes that any one cognisant of impending death will tell
the truth, and such declarations are equal to evidence on oath. The
greatest care must be taken by the medical man who is called in to see
a person supposed to be dying, with regard to any declaration he or
she may wish to make. He must be satisfied as to the mental condition
of the person. The medical attendant should simply take the statement
as it is made, writing it down on the spot, or as soon after as
possible. The identical words used should be committed to paper, and
no suggestions or interpretations of his own should be made. Leading
questions should never be put, nor any attempt made to induce the
patient to make any statement. When we consider the condition of the
patient, the possibility of delirium induced by the severity of the
injury, together with the dread of death, it is, to say the least,
injudicious to introduce the suspected party into the room for the
purpose of identification, though this procedure has been suggested
by some writers. In every case, however, it is advisable for the
medical attendant, as soon as he sees that the case must end fatally,
to acquaint the patient in the presence of others of the fact, when
any statements made may then be taken. It is preferable that such
statements be made before a magistrate if time will allow. It should
also be borne in mind by those receiving dying declarations, that in
England “it must be shown that the deceased, at the time he made the
statement, was under the impression that death was impending; not
merely that he had received an injury from which death must ensue,
but that, as the popular phrase goes, ‘he then believed he was on the
point of death’” (R. _v._ Forester). In one case (R. _v._ Fagent, 7 C.
& P. 238) it was held that a declaration was inadmissible, because the
person making it asked some one near her whether he thought she would
“rise again”; and it was held that this showed such a hope of recovery
as rendered the previous declaration inadmissible. The declaration
should be signed by the person making it, and witnessed by some one
present at the time.
Public-domain text, read in full here on John Shaqi.
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