3. OF HOMICIDE GENERALLY.

To aid the administration of justice in cases of homicide is not only

the most useful, but the most frequent, application of medical

jurisprudence; this subject, as well for its complexity as for its

importance, must be subdivided into many heads. It is first necessary

that the medical practitioner should determine by examination,

inspection, or dissection, whether the matter ought to be referred to

the criminal tribunals, or whether the decease of the party is to be

attributed to any of those natural causes, which are generally classed

as “Death by the Visitation of God.” In some instances this examination

will take place in aid of the coroner’s inquest, in others it will be

preparatory to it; in both cases it is equally important that it should

be minutely, faithfully, and ably conducted; for it is on the medical

report that the first impressions will be founded, and the prejudices

created by it in the public mind may not easily be effaced by any

subsequent investigation. If, however, it be determined that the cause

of death has been violent, it is then necessary to enquire to which of

the classes of homicide the act is to be attributed.

“Homicide, properly so called, is either against a man’s own life, or

that of another.” 1 _Hawk. P. C._ 102.

The first offence constitutes the crime of suicide or _felo de se_.

The second has many varieties; it may be justifiable, excusable, or

wilful; and this last again, may be with, or without, malice prepense,

which constitutes the difference between manslaughter and murder; both

are felony, the one with,[1] the other without, the benefit of clergy;

to these and their numerous subdivisions we shall separately direct the

attention of our reader; having first, by a general view of the

physiology of death, and some practical observations on the best modes

of investigation, prepared the way for a minuter examination of many of

those various modes of destruction to which human life is liable.

Medical Jurisprudence, Volume 2 (of 3) · 第 9 / 122 题