True and False Experts (Classic Reprint)
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Hersteller: | Forgotten Books (Grissom, Eugene) |
Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from True and False Experts It is the mutual relations of law and medicine in regard to the plea of irresponsibility in criminal offenses, and the connection of expert testimony therewith, that we venture to examine at this time, under the conviction that whatever remains unsettled and doubtful in the law itself, whatever is injurious and misleading in the administration of justice, demands a speedy correction as soon as recognized by the enlightened sense of mankind. It should be remembered that the physician must be the friend of the insane, and humanity demands that we consider and reconsider the fearful trust of the lives and reputations of the afflicted, until we shall be able in the fullness of time, to reach conclusions whose influence for practical good will sooner or later be acknowledged, and the jurisprudence of a coming generation adjust itself by an equity that shall have more of the divine element of Knowledge than the rude justice of the Past. Chief Justice Shaw, in the case of Rogers, defined the principles of expert testimony with clearness in the following language: The rule of Law, on which this proof of the opinion of witnesses, who know nothing of the actual facts of the case is founded, is not peculiar to medical testimony, but is a general rule, applicable to all cases, where the question is one depending on skill and science, in any peculiar department. In general, it is the opinion of the jury which is to govern, and this is to be found upon the proof of the facts laid before them. But some questions lie beyond the scope of the observation and experience of men in general, but are quite within the observation and experience of those whose peculiar pursuits and profession, have brought that class of facts frequently and habitually under their consideration. Shipmasters and seamen have peculiar means of acquiring knowledge and experience, in whatever relates to seamanship and nautical skill. When, therefore, a question arises in a court of justice upon that subject, and certain facts are proved by other witnesses, a shipmaster may be asked his opinion as to the character of such facts. The same is true, in regard to any question of science, because persons conversant with such science have peculiar means, from a larger and more exact observation, and long experience in such department of science, of drawing correct inferences from certain facts, either observed by themselves, or testified to by other witnesses. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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