Evidence

2. Evidence Dr. RubinaSalmaYasmin MBBS, MCPS, M.Phil (Forensic Medicine)

3. Evidence • EVIDENCE: • Means a fact or information in an issue supporting or otherwise a belief. • Information given personally which a witness is capable of perceiving through his own senses i. e, vision, hearing, smell, taste , touch OR drawn from a document .

4. Evidence • A fact or information after its presentation to the court of law is called TESTIMONY.

5. Types of Evidence • Types of Evidence • Direct evidence • Circumstantial evidence • Opinion of an expert • Oral evidence • Documentary evidence • Hearsay or indirect evidence: Dying declaration • Dying deposition

6. Direct Evidence • Testimony given by a person as to what he has himself perceived by his own senses. • Example of this type of evidence is facts about a road accident when a car hit a person and it is seen by another person. • His evidence as to where and how the victim was hit by the car is direct evidence.

7. Circumstantial Evidence • It tends to prove a fact by a process of inference. • It means a fact from which another fact can be drawn. • Example of this type of evidence is that a person having injuries is lying dead on the road and close by there are two tire marks and some broken glass pieces. • All these facts are circumstantial evidence of a road accident.

8. Opinion of an expert • Conclusions drawn from facts observed by or presented to a qualified and trained person (expert) in respect of his specialty. • Examples are medical opinion about the duration of injury and weapon of offence by examining the wound, ballistic expert opinion about the type of weapon used in a crime.

9. Opinion of an expert • Printed material in a book is also a form of opinion, which can be produced in a court of law.

10. Oral Evidence • It is the statement of a witness, which a court of law permits to be presented. • Contents of oral evidence are facts or relevant facts in an issue under inquiry. • It must be the evidence of that person who has personal knowledge of facts in an issue under inquiry.

11. Documentary Evidence • Any document produced for the inspection and information of the court of law. • Documents may be primary which means and includes an original document itself or secondary documents which means and includes certified copies made from original document.

12. Documentary Evidence • Documentary evidence includes: • Medical certificates, • Medical reports, • Dying declaration, etc. • Medical evidence is both oral and documentary.

13. Hearsay Evidence • It is an evidence of something, which the witness does not know for himself but has heard of from somebody else. • It has no legal value and not admissible in the court of law EXCEPT dying declaration.

14. Dying Deposition • It is the statement of a person given on oath in the presence of a magistrate, the accused or his counselor and taken down in writing. • It is then read over and signed by the person making it and by the judge of the court.

15. Dying Deposition • The statement may or may not be related to him. • When an important witness is suffering from serious illness, unable to come to the court of law to record his evidence, court of law will go to him to record his evidence as dying deposition.

16. Stages of Evidence • Evidence of a witness including medical witness is recorded in the court of law in the following three stages: • Examination in chief • Cross examination • Re- examination

17. Stages of Evidence • Examination in chief: It is the first and main part of evidence. • It is conducted by the council (lawyer) of the party who produces the witness.

18. Examination In Chief • The object is to put before the court all the facts about the case. • Leading questions are not allowed at this stage.(a leading question is one that suggest its own answer.).

19. Stages of Evidence • Cross examination: It is the second part of the evidence, which is conducted by the party who defends the case.(council of the accused). • It is conducted to test the credibility and the accuracy of the evidence.

20. Cross Examination • Questions is asked from the witness to extract any facts that may be favorable to the accused. • Leading questions are allowed.

21. Stages of Evidence • Re- examination: It is the third stage of evidence. • It provides an opportunity to rectify discrepancies that may have occurred during cross examination . • It is conducted by the council who called the witness. • The court may ask questions during any stage of examination to clarify the facts.

22. Rules for Recording Evidence • Court Attendance: • Be punctual, reach the court on time. • The dress and behavior should be worthy of a medical practitioner. • Be familiar with the details of the case and take record of the case with you.

23. Rules for Recording Evidence • Introduce yourself. • Be witness to ALLAH. • Refresh your memory with your notes. • Take oath.

24. Rules for Recording Evidence • Speak briefly and clearly. • Do not use technical terms. • Listen carefully to the questions. • Give answer only when asked. • Always address the court.

25. Rules for recording evidence • Never lose temper, not answer with anger. • If you do not know the answer , admit that I do not know. • Get permission of the court before leaving. • Get the court attendance certificate for travel expenses.(TA, DA).

26. Evidence • Islamic law of evidence • Evidence is considered very vital in Islamic law as for as solution of matters is concerned • Islam on one hand makes it obligatory for a witness to give evidence about a matter or occurrence of an incident through certain facts and not through presumptions

27. And on the other hand, makes the courts bound to pass their decisions on the basis of evidence after proper examination of the evidence and not on the basis of presumptions.

28. Importance of evidence in holy Quran and Sunnah • Holy Quran says “Do not conceal testimony. He who conceals it, his heart is sinful” • (SuratulBaqra- 282-

29. Saying of the Prophet (SWS) • “If people were given what they asked, they brought a case, some would claim the lives and property of others”

30. False evidence • It is an information created or obtained illegally to sway the verdict in a court case • Falsified evidence should be created by either side in a case or by someone sympathetic to either side

31. Misleading by suppressing evidence can also be considered a form of false evidence

32. Witness • A witness is a person who gives sworn testimony in a court of law as regards facts and/inferences that can be drawn there from.

33. Witness • Witnesses are of two types; • Common witness • Expert witness

34. Common Witness • A common or ordinary witness is the one who testifies only the facts perceived by him through his own senses, that is what he actually saw or heard.

35. Expert Witness • An expert witness is the one who is qualified and trained to draw conclusions from the facts observed by him or presented to him. • He can also volunteer a statement if he feels that it will help the court to illicit an important point. • A medical practitioner acts both as a common and an expert witness.

36. Witness • Other examples of expert witnesses are; • Finger print expert. • Hand writing expert. • Ballistic expert. etc.

37. Hostile Witness • A hostile witness is one who purposely makes statements contrary to facts or to what he has already said in a lower court or in the same court on a previous occasion. • The ordinary as well as the expert witness may become hostile.

38. MEDICAL ETHICS Dr. RubinaSalmaYasmin MBBS, MCPS, M.Phil (Forensic Medicine)

39. Medical Ethics • Ethics: • A set of moral principles • Study of general nature of morals • The philosophy of morals • Study of morality, moral problems, and moral judgements

40. Medical Ethics • Code of conduct of the members of a society • What is right and what is wrong • What is virtuous and what is evil in the conduct of individuals

41. Medical Ethics • Ethics behavior mostly consists of, • Good manner and civilized behavior in matters particular to a profession.

42. Medical Ethics • Medical Ethics is a special subject which is of immense importance to the medical profession. • A medical practitioner throughout his life, come across situations where he will have to face ethical issues in pursuance of his profession.

43. Medical Ethics • These issues are important in medical practice because of the special relationship existing between a medical practitioner and his patient

44. Medical Ethics • A medical practitioner on many occasions in his medical practice has to choose between alternative lines of action e.g. • The patient is insisting on abortion, but the medical practitioner thinks that it is medically unjustified. • Resolving of such an issue involves ethical consideration.

45. Medical Ethics Important issues relating to medical practice are: • History taking-means knowing secrets of the patient, even the most guarded ones are revealed to the medical practitioner.

46. Medical Ethics • Medical examination-means physical access to the body of the patient, even the private parts along with all sorts of manipulation. • Medical treatment-means administration of drugs, poisons, drugs of addiction and surgical procedures

47. Medical Ethics • Four ethical principles that are used in medical ethics are: • Autonomy, • Beneficence, • Non malificence • Justice.

48. Medical Ethics • FOUR ETHICAL PRINCIPLES • Autonomy – respect for individual and his ability to make decision with regard to his own health and future actions- enhancing autonomy are desirable & actions that dwarf an individual are undesirable. • Beneficence – actions intended to benefit patient or others

49. Medical Ethics • Non malificence – actions intended not to harm or bring harm to the patient or others • Justice – just to wider community in terms of consequences of an action

50. Medical Ethics SUMMARY POINTS: • Four bioethical principles that are often used in medical ethics analysis are autonomy, beneficence, non malificence & justice