law and method of medical examination and evidence in criminal cases

by Masud-ul-Hassan Khan Sabri

Publisher: Khyber Law Publishers in Lahore

Written in English
Published: Pages: 147 Downloads: 882
Share This

Places:

  • Pakistan.

Subjects:

  • Medical jurisprudence -- Pakistan.,
  • Evidence, Criminal -- Pakistan.

Edition Notes

Statement[by] S. Masud-ul-Hassan Khan Sabri.
Classifications
LC ClassificationsLAW
The Physical Object
Paginationvi, 147 p.
Number of Pages147
ID Numbers
Open LibraryOL5405529M
LC Control Number72930863

1. This paper will discuss a number of provisions under the Evidence Act that deal with the use of documents, during both cross-examination and examination-in-chief, in criminal proceedings. I will deal specifically with secti 38, 43, 44, 45 and (3). Forensic science can be simply defined as the application of science to the law. In criminal cases forensic scientists are often involved in the search for and examination of physical traces, which might be useful for establishing or excluding an association between someone suspected of committing a crime and the scene of the crime or victim. A defendant doctor in a medical malpractice case admits fault — finally: Malone, Patrick “Police Psychologist” William Lewinski defends his methods and credentials: Malone, Patrick: Cross-examination of a neonatologist expert on his factual mistakes: Malone, Patrick: Cross-examination of a fetal maternal medicine expert, James Christmas, MD.   The sole purpose of the medical book was to supplement the opinion of the doctor which had already been formed and testified to. Therefore, the book was not used for the purposes of “cross-examination” as that term is used in § Stated another way, the use of the book was an improper method of cross-examination in this case.

Criminal Evidence The outcome of many criminal law cases will depend upon the strength and admissibility of evidence -- including physical proof, scientific evidence, and witness testimony. Criminal evidence law can be complex, but this section will help make sense of the different rules and concepts surrounding evidence. The key goal is to provide objective evidence of cause, timing, and manner of death for adjudication by the criminal justice system. The value of medical expertise is apparent in the screening process. In one county, for example, 8, cases are reported to the medical . Examining Witnesses – Examination-in-chief Examination-in-chief. This is where you obtain evidence from your own witnesses. You need to ensure that your witnesses give clear evidence and that they do not talk too fast in order that notes can be taken. Ensure the witness faces the Judge when answering questions and is not looking at you.   President Bush believes we must do more to realize the full potential of DNA technology to solve crime and protect the innocent. Under the President’s initiative, the Attorney General will improve the use of DNA in the criminal justice system by providing funds and assistance to ensure that this technology reaches its full potential to solve crimes.

Code of Evidence, Edition. Mobile-Friendly Code of Evidence, Edition. Connecticut Practice Book - PDF To find a particular Practice Book section, click on the link above and then use the links on the left side of the screen to find the section you are looking for. The limitation on the direct-examination testimony of expert witnesses operates in both civil and criminal cases and applies to both sides. Commonwealth v. Chappell, Mass. , () (this evidentiary rule does not violate defendant’s right to present a full defense). 4. Documentary Evidence Medical Jurisprudence - knowledge of the law in relation to the practice of medicine. Medico-Legal officer - (medical examiner) a physician who determines the cause of injury/death/disease by examining the patient/cadaver and testify in .

law and method of medical examination and evidence in criminal cases by Masud-ul-Hassan Khan Sabri Download PDF EPUB FB2

The medical evidence used to discredit the witness account and to show that they could not possibly have been caused in the manner alleged by the prosecution. With the help of decided cases, the role of medical evidence, especially in cases of grave offences File Size: KB.

The law of evidence and medical records collide in defending criminal cases when a charged crime includes medical evidence or medical records. Many popular movies and television shows illustrate the complexities involving the interpretation of the crime scene : Elliott B.

Oppenheim. is glaring conflict between medical and oral evidence, the prosecution case must fail. (Awadhesh v. State of M.P., AIR SC Cr.L.J.Mohd. Habib v. State, CC Cases (HC)(DB). Unless the medical evidence completely rules out the prosecution story, the oral evidence if otherwise reliable cannot be rejected (Vahula Bhusan Size: KB.

Medical evidence Medical examination of the victim, always plays the very important role in case of the rape. As there is usually no eye-witness of the act, and the accused and victim used to say in their interest only, the medical evidence is one of the ways which help to find out the true fact.

Medical Examination of the victim had always been aFile Size: KB. medical negligence arise; and (d) use of medical matters as evidence in courts for other criminal or civil proceedings such as cases of homicide, rape, wounding, workman's compensation, insurance claims and the like.

The Interaction of Law and Ethics in Medical Practice Despite their distinctive roles, law and medical ethics overlap in many Size: 37KB. Rules of Evidence. We will discuss motions in limine regarding the infirmities of evidence per se, the jury's response to cross- examination, building your witness' credibility and protecting her from effective cross-examination by your opponent, as well as special cases in the field of cross-examination including the talkative and angry witness.

“In criminal cases pertaining to offences against human body, medical evidence has decisive role to play. A medical witness who performs a post-mortem examination is a witness of fact though he also gives an opinion on certain aspects of the case,” the bench said. There was much debate around the use of these methods in the criminal justice system in the aftermath of much talked about judgment of Supreme Court in Selvi v State of Karnataka.

If we talk about the medical evidence, it essentially means evidence given by a medical expert which is in turn based upon his skills and professional experience.

20 Evidence Code EC – Order of examination [of witnesses in a California criminal trial]. (“(a) The examination of a witness shall proceed in the following phases: direct examination, cross-examination, redirect examination, recross-examination, and continuing thereafter by redirect and : Dee M.

complex and varied in the law. Mastery and knowledge of discovery statutes, constitutional law affecting discovery, and ethical duties surrounding discovery and investigation.

can make or break a case. and will determine and shape the effectiveness and reputation of the criminal defense lawyer as an advocate for every client.

law and the name(s) of the witness(es) that will allow you to introduce the space to check off the predicates and the evidence as you proceed through the relevant examination(s).

For example: Evidence Witness(es) Applicable Rules Completed Admitted This will help you stay focused during trial and ensure that you. roscoes digest of the law of evidence in criminal cases v 2 Posted By Laura Basuki Library TEXT ID a Online PDF Ebook Epub Library the law of evidence in criminal cases v 2 sep 22 posted by horatio alger jr media publishing text id dd6a9 online pdf ebook epub library ally habit such a referred.

Forensic medical evidence obtained by examination of the victim is of crucial importance in the investigation and trial of rape offences. The outcome of a prosecution is likely to depend on it.

In the s, one aspect of the concern which began to be expressed in this country about the handling of rape cases by the criminal justice system, was. law enforcement agents to understand how to obtain electronic evidence stored in computers.

Electronic records such as computer network logs, email, word processing files, and image files increasingly provide the government with important (and sometimes essential) evidence in criminal cases.

The purpose of. Using cases from the authors’ extensive files, Forensic Investigations: An Introduction provides an overview of major subjects related to forensic inquiry and evidence examination.

It will prepare Criminal Justice and Criminology students in forensic programs for more specialized courses and provide a valuable resource to newly employed. This advice is compiled in the paper: Guidance on the preparation admission and examination of expert evidence.

It has been distilled from principles and practices which are now well established across all areas of legal practice – civil, family, and criminal law, and covers all types of tribunal. DNA evidence, apart from its use in criminal law to determine the killer or the rapist, is also employed for various other purposes.

Amongst its varied applications, Paternity testing, Personal identification (of a mutilated body or skeletal remains), study of the evolution of the human population and study of inherited diseases like Alzheimers. Alternative Methods of Obtaining DNA Evidence — Consent 75 Questioning Law Enforcement on Evidence Collection and Chain-of-Custody Issues DNA testing techniques used in criminal cases have evolved over time.

Peers should be consulted to ensure that the most current, rel. ballistics, firearm and tool mark examination, and other evidence in criminal investigations.

In typical circumstances evidence is processed in a Crime lab. e) Forensic dactyloscopy is the study of fingerprints. f) Digital forensics is the application of proven scientific methods and techniques in order to recover data from. Forensic science, also known as criminalistics, is the application of science to criminal and civil laws, mainly—on the criminal side—during criminal investigation, as governed by the legal standards of admissible evidence and criminal procedure.

Forensic scientists collect, preserve, and analyze scientific evidence during the course of an investigation. You can use direct examination to present evidence in a form that is (1) legally sufficient to meet the burden of proof, (2) understood and remembered, (3) convincing, (4) able to withstand cross-examination, and (5) anticipatory and contradictory of evidence that the opposition will present.

cases and forensic evidence through local criminal justice processes for five offenses: homicide, sexual assault, aggravated assault, robbery, and burglary.

Moreover, it was anticipated that we. 1 NIJ awarded a parallel study to the California State University, Los Angeles under the direction of Drs. Joseph Peterson and Ira Sommers. As a member, you'll also get unlimited access to o lessons in math, English, science, history, and more.

Plus, get practice tests, quizzes, and personalized coaching to help you succeed. "A Guide to Rules of Evidence provides a concise synthesis of Virginia's governing evidentiary principles to be used in preparation of cases and at trial.

The notes accompanying each Virginia Rule of Evidence give important alerts on issues and developments, along with citations of all of the cases. (1) Criminal Cases. The court may admit the following evidence in a criminal case: (A) evidence of specific instances of a victim's or witness’s sexual behavior, if offered to prove that someone other than the defendant was the source of semen, injury, or other physical evidence.

Medical opinion: The value of Medical evidence is only corroborative. A doctor acquires special knowledge of medicine and surgery and as such he is an expert. Opinions of a medical officer, physician or surgeon may be admitted in evidence to show--a) Physical condition of the a person, b) Age of a person c) Cause of death of a person.

Chapter X of evidence Actdeals with examination and cross examination of witnesses before court of law. The relevant sections are section to Section of the evidence Act. Section tells about examination in-chief and cross –examination of a witnesses.

Basics of Examination. Yesterday, we recounted five "classic" torts cases that 1Ls will surely see in the year ahead. Today, here are five classic criminal law cases to get you excited for murder and well, basically murder. Dudley and Stephens (Queen's Bench, ).

I like to call this one "cannibalism on the high seas," a classic from English common law. Law Lanka provides full text contents of Latest Acts, Consolidated Legislative Enactments, Amended Acts, New Law Reports (NLR) & Sri Lanka Law Reports (SLR) & Supreme Court Law Reports (SCLR) & Court Of Appeal Law Reports (SCOA).

A polygraph, popularly referred to as a lie detector test, is a device or procedure that measures and records several physiological indicators such as blood pressure, pulse, respiration, and skin conductivity while a person is asked and answers a series of questions.

The belief underpinning the use of the polygraph is that deceptive answers will produce physiological responses that can be. CROSS-EXAMINATION AND IMPEACHMENT A. CROSS-EXAMINATION Cross-examination of witnesses called by the opposing party is an absolute right in both civil and criminal cases.

It usually consists of two kinds of questions -- (1) those designed to bring out additional facts and details about the events that were not brought out during the direct.(4) In family cases, the court may take judicial notice of any matter described in s.

(6) when imminent danger to persons or property has been alleged and it is impractical to give prior notice to the parties of the intent to take judicial notice. Opportunity to present evidence relevant to the propriety of taking judicial notice under subsection (1) may be deferred until after judicial.

After the preliminary hearing and before a criminal case goes to trial, the prosecutor and the defense team usually appear before a criminal court judge and make pre-trial motions -- arguments that certain evidence should be kept out of the trial, that certain persons must or cannot testify, or that the case should be dismissed altogether.

Pre-trial motions are tools used by the government.