The institution of the jury is well rooted in England, and on the whole
very efficient. There is not likely to be any agitation for some time to
come for its abolition, as there has been in Italy and France and
Switzerland. But there is at all events one modification in our criminal
courts which is urgently required. It is entirely opposed to the interests
of justice, and therefore of society, that the scientific conclusions in a
case should be thrust into a partisan position. Experts will often differ
as lawyers often differ, but the lawyer is not more competent to decide on
the science of the expert than the expert is competent to decide on the
law of the lawyer. It is not for the interests of justice that one expert,
representing perhaps only his own opinion, should weigh against another
representing perhaps the general body of scientific opinion on that
subject. It is not calculated for the ends of justice that the judge,
however quick and intelligent, should have to pronounce on matters
concerning which he can only speak as a layman, and necessarily falls into
frequent errors of judgment. Special points involving special knowledge or
skill must be submitted to a commission of experts, and the verdicts of
the commission on these special points must be accepted by the court,
though subject to an appeal to a supreme medico-legal tribunal. Some such
method as this is now being widely demanded by intelligent opinion in the
interests of justice. At the International Congress on Forensic Medicine,
held in Paris in 1889, this tendency came out very clearly, and was
formulated in the following proposition which the Congress adopted:--“To
guarantee the interests of society and of the accused in all medico-legal
investigations, at least two experts shall be employed. These shall be
appointed by the judge.” It is to be hoped, in the interests of justice,
that the pressure of public opinion will hasten the adoption of this
reasonable and moderate reform in criminal procedure.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account