On Friday morning M. Tarde presided, and M. Pugliese, of Trani (Italy),
read a report on the criminal trial from the sociological point of view.
The evidence which demonstrates the existence of a crime and of a criminal
can only be duly weighed by a magistrate possessing much technical
knowledge. It is not enough for him to be a judge or a jurist; he must be
well acquainted with anthropological and sociological science; he must
know the environment in which crime is produced, and the people who are
born to live and die in this environment. He advocated the establishment
by the State of a college for the education of magistrates. At present
there is great confusion, and the magistrate is called upon to decide
complex questions of which he is quite ignorant. The duty of the judge to
demand the decision of science with the power to tread it under foot was a
manifest contradiction. It was not reasonable that a medico-legal judgment
should be over-ridden by a jury, and it was time to reverse the ancient
maxim that the judge is the expert of experts. When it is a question of
legal medicine, the medico-legal expert must be the judge. There should be
a medico-legal commission, whose duty it would be not to express opinions,
but to give decisions. That is the only way to avoid many scandals. M.
Brouardel, from the medico-legal standpoint, said he was not able to
accept the present which Pugliese offered him. Every trial had issues
which were not medical, and here the medico-legal expert would be
incompetent. Apart from this, he would be cautious as to using
anthropological data at all. It was still premature, and to go too fast
was to risk compromising everything. M. Benedikt agreed with M. Brouardel,
and advocated the scientific education of lawyers, which M. Lacassagne
also considers desirable.
Public-domain text, read in full here on John Shaqi.
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