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Mason's Forensic Medicine for Lawyers covers all aspects of the relationship between forensic medicine and the law including an overview of general issues relating to medical ethics, criminal liability, negligence and the regulation of the medical profession. The Court of Appeal and the Criminal Procedure Rules have dramatically changed what is expected of experts and the presentation of expert evidence to the Courts since the previous edition in 2008. The book considers each key stage from the reporting of the death to the investigation and diagnosis of the cause of death, detailing medical and legal considerations that must be taken into account. Each chapter begins with an explanation of basic medical issues including relevant anatomy, identifying controversies in the various forensic areas. The sixth edition has been rewritten and restructured to provide a more analytical approach, with new chapters on the important areas of sexual offences and DNA, and expanded chapters on post-mortem examination to include explanation of the practicalities of an autopsy from the medical perspective. It also includes coverage of the law and procedure surrounding the filming of post-mortems including examples of successful challenges to, and impugning of, post-mortems on the basis of techniques, inferences, expert evidence and public law challenges to the Coroners courts such as access; remit and limitations of inquiry. Contents: 1 Human anatomy and physiology - A quick trip around the body explaining the body's systems with diagrams; 2 Principles of medicine, clinical examination and scientific method including common medical notation; 3 Forensic autopsy - medical practicalities and principles of autopsies, procedural aspects, legal aspects of death; 4 Medical aspects of death and physical changes after death; 5 HM Coroner and sudden deaths (England, Wales and Northern Ireland); inquests; 6 Procurator fiscal and sudden deaths; 7 Natural disease as a cause of death; 8 Injuries and their interpretation: major trauma; injury types - gunshot; head injuries; accidental and non-accidental; 9 Asphyxia; this includes strangulation and suffocation; 10 Drowning and hypothermia; 11 Fire deaths including explosions, burns, and carbon monoxide poisoning; 12 Child deaths including 'baby-shaking' and abuse in children; Sudden infant deaths; 13 Sexual offences; 14 Odontology; 15 DNA; 16 Toxicology, drugs and poisons; 17 Examination of detained persons; 18 Deaths in custody including prison; 19 Deaths in other State settings: hospitals; 20 Legal system and prosecutions in England, Wales and Northern Ireland; 21 Role and duties of the expert: expert vs treating doctors; 22 Confidentiality, consent, negligence, disclosure, privilege; 23 Court case work: admissibility, case management, abuse of process.
This is the leading work on forensic medicine and the law in the UK. Written by a team of leading legal practitioners, pathologists and other experts, this Seventh Edition has been fully revised to bring it up to date with the latest legal, medical and scientific developments. It is the only book directed at both the legal practitioner and the expert medical witness. It provides unique commentary on the law in all three UK jurisdictions: England and Wales, Northern Ireland and Scotland. It guides experts on their role and duties to the courts and highlights areas of current scientific and legal controversy with additional reference sources. In addition to two new chapters on forensic psychiatry and forensic science, the Seventh Edition includes updates and new material on: - Introduction to medicine, the systems of the body and autopsy procedure - Forensic medicine covering assaults, firearms, head injuries, road traffic collisions, falls, asphyxia, drowning, hypothermia, and heat and electricity - Sexual offences, deaths in detention, forensic odontology and toxicology - Guidance for the expert medical witness on giving evidence in the UK courts, covering the UK's criminal justice systems, coroners' courts and fatal accident inquiries This title is included in Bloomsbury Professional's Personal Injury Law online service.
The new, 5th edition of this well-respected book provides a broad overview of the legal issues arising in both criminal and civil proceedings. Written by a highly respected academic, the new edition ensures the text is brought fully up to date with new material on wounds, explosions, head injury, transplantation, asphyxia, marriage and pregnancy, and the legal aspects of medical practice.
This is an updated edition of a successful handbook already popular with barristers, solicitors and a number of judges as a readily-accessible source of quick reference on a wide range of medico-legal topics. Written by a legally-qualified Professor of Forensic Pathology and former Home Office pathologist, it utilises more than 40 years experience to offer a succinct summary of over 200 medico-legal topics. Though arranged in alphabetical order, this is not just a medical dictionary, as these contain much that is not relevant to legal practice and fail to provide a sufficiently expansive account of medico-legal matters. Instead, it is a carefully-selected compendium dealing with those subjects which are most commonly encountered in case-papers, conferences and the courts. It offers a concise overview of factors of importance in many medico-legal problems, from alcohol to head injury, from traffic deaths to child abuse, so that the medical evidence can be quickly evaluated and any deficiencies detected. it indicates the limits of reliability of various procedures and commonly-held medical opinions and points out those which are frequently over interpreted.; Liberally provided with clear line diagrams, including body-maps, it provides a graphic exposition of many anatomical and medical terms, free from professional jargon.
Forensic Medicine encompasses all areas in which medicine and law interact. This book covers diverse aspects of forensic medicine including forensic pathology, traumatology and violent death, sudden and unexpected death, clinical forensic medicine, toxicology, traffic medicine, identification, haemogenetics and medical law. A knowledge of all these subdisciplines is necessary in order to solve routine as well as more unusual cases. Taking a comprehensive approach the book m.oves beyond a focus on forensic pathology to include clinical forensic medicine and forensic toxicology. All aspects of forensic medicine are covered to meet the specialist needs of daily casework. Aspects of routine analysis and quality control are addressed in each chapter. The book provides coverage of the latest developments in forensic molecular biology, forensic toxicology, molecular pathology and immunohistochemistry. A must-have reference for every specialist in the field this book is set to become the bench-mark for the international forensic medical community.
Forensic Medicine is an old medical discipline defined as “that science, which teaches the application of every branch of medical knowledge to the purpose of the law” (Alfred Swaine Taylor). Forensic Medicine deals with medical evidence not only in practice but also in research and furthermore all legal essentials in health care especially for doctors are part of teaching, training and research. Several steps in the development of Forensic Medicine can be distinguished: At first the use of medical knowledge for legal and public purposes.Secondly the compulsory medical testimony for the guidance of judges.Thirdly the professionalization as an own academic discipline. The development and existence of a speciality of Forensic Medicine depends essentially on two factors: on a sufficiently high development of the law and on a sufficiently high development of medicine. The period of professionalization of Forensic Medicine as an own academic discipline started in the 19th century, especially in Paris, Vienna, London, Edin­burgh, Berlin. Since than the world has changed dramatically and we are now witnesses of a rapid, deep-rooted social cultural, legal and technological trans­formation. Already 40 years ago Professor Bernhard Knight wrote in a survey on legal medicine in Europe: “In all aspects of life, the exchange of information on an inter­national level can do nothing but good and legal medicine is no exception.” This book on the History of Forensic Medicine is an approach in this direction. Forensic Medicine has a long and rich tradition since medical expertise has to face legal ques­tions and new questions and developments raised by the society. The aim of this book is to address the state of Forensic Medicine in different coun­tries worldwide. With contributions from Europe, China, Japan, the United States and the United Arabic Emirates.
Published in 1998, this work is concerned, in the main, with reproduction - for which marriage is not an essential prerequisite. Nevertheless, much of sexuality and the greater part of parenthood still subsist within the marital relationship. Sex and marriage are interdependent - indeed the definition of the latter depends on the former. After looking at the prerequisites for marriage and for making a marriage void, the author shows that the medico-legal interests of marriage relate to the mental health and the sex of the parties. The author also looks at various aspects of the sexual-familial relationship, including contraception, sterilization, abortion, protection of the foetus, foetal experimentation, the infertile husband, the infertile woman, defective neonates and infants, consent to treatment and research in children, the protection of young children and the killing of children within the family. Cases are used to highlight the legal aspects of these subjects.
Focusing on Scotland, this collection draws together the three main strands of Anne Crowther's academic research - welfare, medicine and legal history - and reflects the range of her historical scholarship. Based on original research, the essays in this book examine important developments in key Scottish institutions, question enduring myths about the nature of Scottish legal and medical practice, and explore the intersections between medicine, the law and public policy.
Air law has recently grown in significance. Drawing on international and national instruments and a wealth of case law from many jurisdictions, including the International Court of Justice, this book covers the role of international law in such matters as legal consequences arising from the use of automation in civil aviation, the carriage of the elderly and disabled by air, unlawful interference with civil aviation, protection of the environment, and the legal management of aviation security. Published under the Transnational Publishers imprint.
This book presents an in-depth comparative study of sentencing practice for rape in six common law jurisdictions: England and Wales, Scotland, Ireland, Canada, New Zealand, and South Africa. It provides a thorough review of the medical literature on the physical and psychological effects of rape, the legal and philosophical literature on the seriousness of the offence, and the victim's role in sentencing. Given the increasingly common practice of perpetrators using mobile and online technologies to film or photograph the commission of sexual offences, the book examines recent socio-legal research on technology-facilitated sexual violence and considers the implications for sentencing. By building on recent scholarship on judicial decision making in sentencing and case law – comprising over 250 decisions of the relevant appellate courts – the book explores and critically analyses judicial approaches to rape sentencing. The analysis is undertaken with a view to suggesting possible reforms to rape sentencing in 'non-guideline' jurisdictions. In so doing, this book seeks to establish general principles for sentencing rape, assisting in the imposition of proportionate sentences. This book will be of interest to judges and practising lawyers; to those researching criminal law, criminal justice, criminology, and gender studies; and to policy makers, including sentencing councils and commissions, in common law jurisdictions worldwide.