NCJ Number
57557
Journal
FORENSIC SCIENCE Volume: 10 Issue: 1 Dated: SPECIAL ISSUE (JULY/AUGUST 1977) Pages: 67-73
Editor(s)
J VOIGT
Date Published
1977
Length
7 pages
Annotation
SCOTLAND'S LEGAL SYSTEM IS DERIVED FROM ROMAN LAW AND HAS MORE IN COMMON WITH CONTINENTAL SYSTEMS THAN WITH ENGLISH LAW. THE INVESTIGATION OF DEATHS WHICH CANNOT BE CERTIFIED IS THE RESPONSIBILITY OF A PROCURATOR-FISCAL.
Abstract
THE PROCURATOR-FISCAL IS A LAW OFFICER WHO HAS A NUMBER OF POWERS, INCLUDING INITIATION OF CRIMINAL PROSECUTIONS, INVESTIGATION OF UNNATURAL DEATHS, AND SOME MAGISTRATE AUTHORITY. MOST DEATHS ENTER THE LEGAL SYSTEM THROUGH THE REGISTRAR OF BIRTHS AND DEATHS, THE CIVIL OFFICE RESPONSIBLE FOR RECORDING DEATHS AND ISSUING STATISTICS. THE POLICE ARE OCCASSIONALLY INVOLVED. ABOUT 16 PERCENT OF DEATHS ARE REPORTED FOR MEDICOLEGAL INVESTIGATION, AND 25 PERCENT OF THESE ARE SUBJECT TO FULL AUTOPSY. WHERE MEDICAL EVIDENCE IS GIVEN TO THE HIGHER COURTS, USUALLY IN CRIMINAL CASES OR THOSE INVOLVING FATAL NEGLIGENCE, TWO DOCTORS MUST HAVE CONDUCTED AN AUTOPSY, AGAIN A PARALLEL WITH CERTAIN EUROPEAN SYSTEMS. THEIR OPINIONS NEED NOT BE IDENTICAL, BUT BOTH ARE GIVING EVIDENCE FOR THE PROSECUTION AND SHOULD BE DISTINGUISHED FROM OTHER MEDICAL EXPERTS CALLED BY THE DEFENSE. SCOTLAND HAS A TRADITION OF FORENSIC MEDICINE DATING BACK TO 1807, AND THE SUBJECT IS COVERED IN FOUR UNIVERSITY CENTERS: EDINBURGH, GLASGOW, DUNDEE, AND ABERDEEN. MEDICAL JURISPRUDENCE, AS IT IS CALLED, IS A REQUIRED COURSE FOR UNDERGRADUATE MEDICAL STUDENTS. EXTENSIVE POSTGRADUATE TRAINING PROGRAMS EXIST, AND SPECIAL COURSES ARE GIVEN FOR LAWYERS, DENTISTS, AND POLICE OFFICERS. THE UNIVERSITIES PROVIDE FORENSIC PATHOLOGY AND TOXICOLOGY SERVICES, POLICE SURGEONS PROVIDE CLINICAL FORENSIC SERVICES, WHILE PURELY CRIMINALISTICS WORK IS DONE BY POLICE LABORATORIES. (GLR)