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
In England, at the request of both parties, the medical and scientific
witnesses may be excluded from the Court, but as a general rule they
are allowed to be in Court, and hear the whole of the evidence of
the case. In Scotland they are always excluded, although, by mutual
consent, “experts” may remain to hear the general evidence on which
they are to express their opinions, but when an expert is giving his
opinion the others must leave the Court. In the latter country also, a
medical witness who has been in Court cannot be examined on the facts
of the case, but only on matters of opinion. A medical man is, however,
sometimes allowed, on a special motion, to remain, although he is to
be examined as to facts, and withdrawn when other witnesses are to
be examined as to facts to which he is to speak. (See case of E. W.
Pritchard, H.C. 1865; 5 Irv. 88.)
In giving evidence the witness should--(1) Speak loudly and distinctly.
(2) Answer questions categorically--Yes or no. (3) Never use
superlatives. (4) Give answers irrespective of results of trial. (5)
Express no opinion as to guilt of prisoner; state facts only. (6)
Avoid using technical terms. (7) Avoid long discussions, especially
theoretical arguments.
When a quotation is made from a book by the examining counsel, the
medical witness, before replying to a question based on it, should see
that the quotation has been fairly and fully given, due regard being
paid to the context. Neglect of this precaution may lead him into
considerable difficulty.
A medical witness should remember that he is not retained for a party,
but in the cause of justice. He must, therefore, be candid in his
manner and simple in his language. Mr. Haslam remarks that, however
dexterous a witness may show himself in fencing with the advocate, he
should be aware that his evidence ought to impress the judge, and be
convincing to the jury. Their belief must be the test by which his
scientific opinion is to be established. That which may be deemed by
the medical evidence clear and unequivocal, may not impress the judge,
nor carry conviction to the jury.
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