Importance of the study of legal medicine : a lecture introductory to the course on medical jurisprudence at the New York Medical College / by James Wynne.

  • Wynne, James, 1814-1871.
Date:
1859
Catalogue details

Licence: Public Domain Mark

Credit: Importance of the study of legal medicine : a lecture introductory to the course on medical jurisprudence at the New York Medical College / by James Wynne. Source: Wellcome Collection.

Provider: This material has been provided by the National Library of Medicine (U.S.), through the Medical Heritage Library. The original may be consulted at the National Library of Medicine (U.S.)

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    recommending the appointment of public prosecutors, whose functions should be somewhat analogous to those of District Attorneys in this country, was made in 1856, which it was supposed would cover this ground. The testimony elicited before the committee showed many evils in the present system. Lord Brougham declared it ineffectual in its provision for the prosecution of offenders, and stated that a wealthy person may not only tamper with the prosecutor, but buy off the prosecution. The committee derived their chief information from persons familiar with the jurisprudence of Scotland, Ireland and the United States, in the latter of which they obtained valuable aid from Judge Davies, the present distinguished Justice of the Superior Court, at that time on a visit to Europe. The testimony of Mr. Davies showed that each of the 56 counties in this state has a special public prosecutor, called District Attorney, who is amenable to the Attorney General of the State. Yet the recent trials for capital offences, and the' large number of flagrant crimes which have gone unpunished of late years, show how ineffectual this system is for the detection of crime and the preservation of order. So far as the recommendations of the committee go, they do not contemplate that incipient mode of detecting crime, which it is the peculiar province of the laws of Continental States to develope, and upon which the future conduct of the case generally depends. Surgeon Craig, in a pamphlet on the Law of the Coroner, and on medical evidence in the preliminary investigation in criminal cases in Scotland, published in 1855, shows that the office of the Procurator Fiscal has no more influence over these important preliminary inves- tigations, than that of the District Attorney in this country, but that the case is left to an ignorant constable to conduct. In all cases of sudden death, he says, the district constable repairs to the place where it has occurred, collects information, and sends off a report immediately to the superintendent; and in cases of rape child-murder, or concealment of pregnancy, the constable is to ascertain with precision, all appearances exhibited, such as marks of feet blood &c &c. If there be any circumstance calculated to raise ground of suspicion as to the death, such as external marks of vio- lence bruises, fractures, Ac, the constable is to apply to the nearest medical man, without delay, and after examination is to obtain a certificate and forward it immediately to the superintendent. In all cases of serious assault, the constable, without delay, procures the assistance of the nearest medical man, and sends off a report, as above described, and instructions are given as to what circumstances the medical man is to certify.