Essential Forensic Medicine

Peter Vanezis

• Publisher: Wiley
• Year: 2019
• ISBN:
  9781119186892
• Edition: 1
• Topic: Medizin
• Subtopic: Gerichtsmedizin

Provides an invaluable distillation of key topics in forensic medicine for undergraduate, masters, and postgraduate students

Essential Forensic Medicine covers the broad area of the forensic medical sciences, delivering core knowledge in the biomedical sciences, and the law and ethics surrounding them. Concise, accessible chapters cover a wide range of topics from basic forensic identification and examination techniques to forensic toxicology and psychiatry.

Written by internationally-recognized experts in the field, this authoritative guide offers complete chapter coverage of the legal system, courts, and witnesses; investigation of the deceased and their lawful disposal; and the duties of a registered medical practitioner and the General Medical Council. It instructs readers on the general principles of scene examination and the medico-legal autopsy including how to interpret the many kinds of injuries one can suffer—including those from blunt impact and sharp force, firearms and explosives, asphyxia and drowning. Further chapters cover sexual offences, child abuse, and using DNA in human identification, mental health, alcohol and drug abuse.

• A fresh, accessible, up to date textbook on forensic medicine
• Written by a well-known experts with decades of experience in the field
• Includes numerous figures and tables, and detailed lists of key information
• Features numerous case studies to reinforce key concepts and ideas explored within the book
• Helps students to prepare for examinations and enables practitioners to broaden their understanding of the discipline

Part of the "Essential Forensic Science" series, Essential Forensic Medicine is a highly useful guide for advanced undergraduate students, master's students, and new practitioners to the field.

1
The Legal System, Courts, and Witnesses

Peter Vanezis

Queen Mary University of London, London, UK

1.1 Introduction

Forensic medicine in its broadest sense is that branch of medicine which is involved with legal matters and proceedings. The term ‘forensic’ is derived from the Latin forensis, meaning ‘the forum’.¹ Forensic practitioners work within the legal system of their area of practice and occasionally may be required to provide reports and give evidence in jurisdictions beyond their own. It is outside the scope of this text to describe in detail different legal systems and here only a brief description of the different main legal systems is given.

There are a number of legal systems and many countries have a mixture of different systems that has ultimately resulted from cultural, religious, and other influences in the development of each particular nation. The main legal systems include common law, Roman law (civil law), religious law and a mixed system. Furthermore, in the European Union (EU) the Court of Justice takes an approach mixing civil law (based on the treaties) with an attachment to the importance of case law.

1.1.1 Common law

Common law developed in England, was influenced by the Norman conquest, which introduced legal concepts from Norman law, and was later inherited by the Commonwealth of Nations and adopted by almost every former colony of the British Empire.

Common law has its source in decisions on cases made by judges. The doctrine of precedent is the main difference from codified law systems. A precedent is a legal case establishing a principle or rule that a court or other judicial body may utilise when deciding subsequent cases with similar issues or facts. Alongside this system of law, there is a legislature that passes new laws and statutes, and the relationships between statutes and judicial decisions can be complex.

The court's role is to apply and develop common law. Statute law, which is created by Parliament, takes precedence over common law and is the supreme legal authority in the United Kingdom (UK). Membership of the EU has meant that European law takes precedence over British Acts of Parliament.

1.1.2 Civil law (Roman law)

Civil law is the most widespread system of law around the world and is sometimes known as continental European law. Scots law is a mixed system based on Roman and continental law with elements of common law dating back to the Middle Ages.

The authoritative source of civil law is based on codifications in a constitution or statute passed by legislature (rather than judicial precedents, as in common law).

Historically, the Code of Hammurabi in Babylon c. 1790 BCE is recognised as the first codification (Hooker 1996). The main origin of civil law, however, is from the Roman Empire, the Corpus Juris Civilis issued by the Emperor Justinian c. 529 CE. In addition, civil law in its development was also partly influenced by religious laws such as Canon law and Islamic law (Kunkel 1966).

1.2 British courts

There are three court system structures in the UK governed by three different legal systems: England and Wales (English law), Scotland (Scots law), and Northern Ireland (Northern Ireland law).

1.3 The Supreme court of the United Kingdom

The United Kingdom Supreme Court was established by the Ministry of Justice in October 2009 following the passing of the Constitutional Reform Act 2005. Twelve professional judges who are members of the House of Lords carry out its judicial functions. It has assumed the jurisdiction of the Appellate Committee of the House of Lords and the devolution jurisdiction of the Judicial Committee of the Privy Council. It is therefore the final and highest court of appeal for all UK civil cases, and criminal cases from England, Wales, and Northern Ireland. It hears appeals on arguable points of law of general public importance and concentrates on cases of the greatest public and constitutional importance. It also maintains and develops the role of the highest court in the UK as a leader in the common law world.

The Supreme Court cannot consider a case unless a relevant order has been made in a lower court. The courts from which appeals are heard in the UK include:

• England and Wales: the Court of Appeal, Civil Division; the Court of Appeal, Criminal Division; the High Court in some limited cases
• Scotland: the Court of Session
• Northern Ireland: the Court of Appeal in Northern Ireland; the High Court in some limited cases.

Most courts in England and Wales are the responsibility of the Ministry of Justice and Her Majesty's Courts and Tribunals Service (HMCTS 2011), an agency of the Ministry of Justice, for their administration.

The HMCT was created on 1 April 2011 and brings together Her Majesty's Courts Service and the Tribunals Service into one integrated agency providing support for the administration of justice of the criminal, civil, and family courts and tribunals in England and Wales and non‐devolved tribunals in Scotland and Northern Ireland. It uniquely operates as a partnership between the Lord Chancellor, the Lord Chief Justice, and the Senior President of Tribunals.

1.4 English and Welsh courts

1.4.1 Court of Appeal

This court consists of two divisions, the Criminal Division and the Civil Division. Decisions of the Court of Appeal may be appealed to the Supreme Court. The Civil Division hears appeals concerning civil law and family justice from the High Court, from tribunals, and certain cases from county courts. The Criminal Division of the Court of Appeal hears appeals from the Crown Court.

1.4.2 High Court

The High Court consists of three divisions, the Chancery Division, the Family Division and the Queen's Bench Division. Decisions of this court may be appealed to the Civil Division of the Court of Appeal.

1.4.3 County Courts

These courts deal with all except the most complicated and most simple civil cases (including most matters under the value of £5000). Decisions in county courts may be appealed to the appropriate division of the High Court.

1.4.4 Crown Court

The Crown Court deals with indictable criminal cases that have been transferred from the Magistrates' Courts, including serious criminal cases (such as murder, rape, and robbery). Cases are sent for sentencing and appeals. Cases are heard by a judge and a jury. Decisions by the Crown Court may be appealed to the Criminal Division of the Court of Appeal.

1.4.5 Magistrates' Courts

These courts deal with summary criminal cases and committals to the Crown Court, with simple civil cases, including family proceedings courts and youth courts, and with licencing of betting, gaming, and liquor. Cases are normally heard by three magistrates or by a district judge, without a jury. Criminal decisions may be appealed to the Crown Court...