Aids to Forensic Medicine and Toxicology | Page 2

PART I
FORENSIC MEDICINE

I.--CRIMES
Forensic medicine is also called Medical Jurisprudence or Legal
Medicine, and includes all questions which bring medical matters into
relation with the law. It deals, therefore, with (1) crimes and (2) civil
injuries.
1. A crime is the voluntary act of a person of sound mind harmful to
others and also unjust. No act is a crime unless it is plainly forbidden
by law. To constitute a crime, two circumstances are necessary to be
proved--(a) that the act has been committed, (b) that a guilty mind or

malice was present. The act may be one of omission or of commission.
Every person who commits a crime may be punished, unless he is
under the age of seven years, is insane, or has been made to commit it
under compulsion.
Crimes are divided into misdemeanours and felonies. The distinction is
not very definite, but, as a rule, the former are less serious forms of
crime, and are punishable with a term of imprisonment, generally under
two years; while felonies comprise the more serious charges, as murder,
manslaughter, rape, which involve the capital sentence or long terms of
imprisonment.
An offence is a trivial breach of the criminal law, and is punishable on
summary conviction before a magistrate or justices only, while the
more serious crimes (indictable offences) must be tried before a jury.
2. Civil injuries differ from crimes in that the former are compensated
by damages awarded, while the latter are punished; any person,
whether injured or not, may prosecute for a crime, while only the
sufferer can sue for a civil injury. The Crown may remit punishment for
a crime, but not for a civil injury.

II.--MEDICAL EVIDENCE
On being called, the medical witness enters the witness-box and takes
the oath. This is very generally done by uplifting the right hand and
repeating the oath (Scottish form), or by kissing the Bible, or by
making a solemn affirmation.
1. He may be called to give ordinary evidence as a common witness.
Thus he may be asked to detail the facts of an accident which he has
observed, and of the inferences he has deduced. This evidence is what
any lay observer might be asked.
2. Expert Witness.--On the other hand, he may be examined on matters
of a technical or professional character. The medical man then gives
evidence of a skilled or expert nature. He may be asked his opinion on

certain facts narrated--e.g., if a certain wound would be immediately
fatal. Again, he may be asked whether he concurs with opinions held
by other medical authorities.
In important cases specialists are often called to give evidence of a
skilled nature. Thus the hospital surgeon, the nerve specialist, or the
mental consultant may be served with a subpoena to appear at court on
a certain date to give evidence. The evidence of such skilled observers
will, it is supposed, carry greater weight with the jury than would the
evidence of an ordinary practitioner.
Skilled witnesses may hear the evidence of ordinary witnesses in regard
to the case in which they are to give evidence, and it is, indeed, better
that they should understand the case thoroughly, but they are not
usually allowed to hear the evidence of other expert witnesses.
In civil cases the medical witness should, previous to the trial, make an
agreement with the solicitor who has called him with reference to the
fee he is to receive. Before consenting to appear as a witness the
practitioner should insist on having all the facts of the case put before
him in writing. In this way only can he decide as to whether in his
opinion the plaintiff or defendant is right as regards the medical
evidence. If summoned by the side on which he thinks the medical
testimony is correct, then it is his duty to consent to appear. If, however,
he is of opinion that the medical evidence is clearly and correctly on the
opposite side, then he ought to refuse to appear and give evidence; and,
indeed, the lawyer would not desire his presence in the witness-box
unless he could uphold the case.
Whether an expert witness who has no personal knowledge of the facts
is bound to attend on a subpoena is a moot point. It would be safer for
him to do so, and to explain to the judge before taking the oath that his
memory has not been sufficiently 'refreshed.' The solicitor, if he desires
his evidence, will probably see that the fee is forthcoming.
A witness may be subjected to three examinations: first, by the party on
whose side he is engaged, which is called the 'examination in chief,'
and in which he affords the basis for the next examination or

'cross-examination' by the opposite side. The