POLICE SURGEON AS A LEGAL WITNESS (FROM NEW POLICE SURGEON - A PRACTICAL GUIDE TO CLINICAL FORENSIC MEDICINE, 1978, BY H S BURGES AND J E HILTON - SEE NCJ-61742)

• NCJ Number: 61765
• Author(s): D JENKINS; S H BURGES
• Date Published: 1979
• Length: 12 pages
• Corporate Author: Hutchinson Benham Ltd
• Publication Format: Document
• Language: English
• Country: United Kingdom

Annotation

THE PRESENTATION OF EVIDENCE BY THE POLICE SURGEON IN THE COURTROOM ENVIRONMENT IS DISCUSSED; TOPICS INCLUDE STATEMENTS, COURT APPEARANCES, HIGHER COURTS, AND RELEVANT DOCUMENTS.

Abstract

A POLICE SURGEON EXPECT TO ATTEND COURT MORE FREQUENTLY THAN A DOCTOR, BUT APPEARANCES HAVE BEEN LESS FREQUENT SINCE THE 1967 PASSAGE OF THE CRIMINAL JUSTICE ACT WHICH GAVE LEGAL RESPECTABILITY TO WRITTEN STATEMENTS. PRESENTATION OF ALL MEDICAL EVIDENCE ASSISTS THE COURT IN DETERMINING THE TRUTH; IMPARTIALITY, RELIABILITY, CLARITY, AND RELEVANCY OF ALL TESTIMONY AND STATEMENTS ARE EMPHASIZED. PRIOR TO ANY COURT APPEARANCE, THE POLICE SURGEON WILL HAVE SUBMITTED A STATEMENT CONTAINING A FACTUAL RECORD OF RELEVANT EXAMINATION FINDINGS. AS PART OF THIS RECORD THE POLICE SURGEON MAY CHOOSE TO EXPRESS AN OPINION WHICH MUST BE THE PERSON MAKING IT, MUST BE CERTIFIED AS TRUE, MUST BE MADE AVAILABLE TO ALL PARTIES TO THE PROCEEDINGS, AND MUST NOT BE OBJECTED TO BY PARTICIPATING PARTIES. ALTHOUGH VARIOUS COURTS SHOW DIFFERENCES IN STYLE, DEGREE OF FORMALITY, AND PRESENCE OR ABSENCE OF A JURY, FAMILIARITY WITH THE WORKINGS OF THE MAGISTRATE'S COURT WILL BE SUFFICIENT FOR SATISFACTORY PARTICIPATION IN ANY COURT APPEARANCE. THE POLICE SURGEON SHOULD APPEAR AT THE COURT AT THE DESIGNATED TIME, AND MAKE HIS PRESENCE KNOWN TO THE AGENT OF THE COURT; HE SHOULD BE PREPARED FOR THE FACT THAT HE MAY NOT BE CALLED AT ONCE. THIS TIME SHOULD BE SPENT REVIEWING NOTES. WHEN CALLED, THE POLICE SURGEON WILL BE SHOWN TO THE WITNESS BOX AND ASKED TO SWEAR ON OATH. ONCE THE OATH IS TAKEN, HE MUST ANSWER ALL QUESTIONS, CONFIDENTIAL OR OTHERWISE. SIMPLE QUESTION AND ANSWER WILL BE THE BASIS OF THE CROSS-EXAMINATION. THE POLICE SURGEON IS ADVISED TO THINK CAREFULLY BEFORE ANSWERING, ADMIT WHEN A QUESTION IS BEYOND HIS COMPETENCE, AND REMAIN CALM. THE TIME IS THE WITNESS BOX CONSISTS OF THREE DISTINCT COMPONENTS INCLUDING EXAMINATION IN CHIEF, CROSS-EXAMINATION, AND REEXAMINATION. AT THE END OF THE MAGISTRATE'S HEARING, THE MEDICAL WITNESS WILL FIND EITHER THAT HIS SERVICES ARE NO LONGER REQUIRED OR THAT HE MUST PREPARE HIMSELF FOR POSSIBLE OBLIGATIONS TO A HIGHER COURT. EXHIBITS OF DOCUMENTS ARE INCLUDED IN THE CHAPTER. (LWM)