Legal procedures
Coroner:
A coroner is an officer which is appointed by govt to conduct an inquiry of
death that suspected as unnatural and suspicious by an inquest in his
jurisdiction, (law) the territory within which lawfully authorized power can
be exercised. In Pakistan only Karachi city possess coroners. In other towns
District Magistrate and other Magistrates are ex-officio coroners, although
the seldom act as such. Coroner courts are court of inquiry and not court of
trail. The coroner sends the alleged to the presidency Magistrate for a trail in
proper manner, if found guilty.
Pec A inquiry in to the cause of unexpected or unnatural death.
‘ies of a Coroner:
Following are the duties of a coroner: - (Page No 19).
Legal procedure at an Inquest
Coroner Inquest: (Page No 20)
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Police Inquest: (Page No 20)
Diff Between coroner courts and Magistrate court: (Page No 21)
Diff Between police Inquest and coroner inquest: (Page No 22)
Exhumation The act of unearthing a buried individual corpse when legally
it is required for medico-legal investigationForensic science
Scientific knowledge that is applied in the investi
Svidence in a court of law, e.8. forensic odontology (The identification of unidentified
dead body by teeth, the alignment of teeth and overall structure of mouth), forensic
gation and establishment of facts or
photograph etc
ballistics and fore
ee
isprudence, Forensic Medicine, Foren:
| Medicine and Judicial Medicine are all
nce that uses medical
Medical Jurisprudence, Forensic Medicin
synonymous terms which used to denote that branch of medicals.
Knowledge for legal purposes both in criminal and civil cases.
Toxicology
‘That branch of medical science which deals all adverse effect of chemicals (like arsenic)
on biological system (such as human body)
In simple form ‘every contact leaves a trace’ which provides a basis for the recovery
and interpretation of evidence. For example When it applied to a criminal case “it states
brought into the scene, and something will be taken away from the scene. It is for the
forensic practitioner/scientist to identify what those types of contact were by identifying
the contact and putting it into an evidentially sound format,
The principle can be applied in all settings, for example by linking a suspect's DNA to
seminal fluid obtained from a complainant’s vagina, or by identifying hair from a
balaclaya (a closed cap) used in an armed robbery.
Legal systems/legal procedures
“Laws are the collection of rules imposed by authority for the benefits of collective society
There are many national variations but the basic pattem is very similar. The exact
Structure is frequently developed and thus determined by the political system, culture and; stion. Decisions made by judges in the courts have
grown over timeand this body of decisions is reerred to as common tay
on law?
The ‘doctrine of precedent” ensures that principles determined in one cout
or fease law’,
' : oe will normally
be binding on judges in inferior courts. In our judicial system, the supreme court of
, Me court o|
the highest court in all matters under the 1973 Constitution,
resort and the highest appeal court in the country,
Pakistan i
which is the last
however the high courts are the highest
court for criminal and civil cases in the provinces as per our constitution framework.
Legal systems mainly comprising on two types of laws:
1. Criminal Law
IL Civil Law
1. Criminal law
Criminal law deals with relationships between the state and the individual and in such
cases, probably the area in which forensic medical expertise is most commonly required.
Criminal trials involve offences that are
inst public interest’; these include offences
u
against the person (e.g. murder. assault, grievous bodily harm, rape). property (¢
theft, robbery and burglary (Entering a buildi
vehicle or other enclosure unlawfully
with intent to commit felony (i.¢ murder, arson or to steal valuable property), and publie
safety and security of the state (like terrorism), In these matters the state acts as the
voice or the agent of the people.
In a criminal trial it is for the prosecution to prove their case before the court or the
magistrates “beyond reasonable doubt’. If that level cannot be achieved, then the
prosecution fails and the individual
equitted. If the level is achieved then the
individua
convicted and a punitive sentence is applied.
Itisa ver
Well established principle of law that ‘an aceused is deemed innocent until
found guilty under the law’,
Itis the main responsibility of defence lawyers to identify inconsistencies, inaccuracies
oF weaknesses of the prosecution case and he can also present their own evidence,oe
snalties that can be imposed in the criminal system commonly include financial (
rhe
fines) 0
punishment (Deatings), mutation (amputation of pars of the body) and capital
4 loss of liberty (imprisonment) and Some countries allow for corporal
punishment (execution).
I. Civil law
law is concerned with the resolution of disputes between individuals. The aggrieved
party undertakes the legal action, Most remedies are financial. All kind of disputes are
including e.g. alleged negligence, contractual failure, debt, and libel or slander. So, the
civil courts can be viewed as a mechanism set up by the state that allows for the fair
resolution of disputes in a structured way.
In civil cases, if the standard of proof is met, the penalty that can be imposed by these
courts is designed to restore the position of the successful claimant to that which they
were before the event, and generally that financial compensation (damages).
st whom the action is being taken is
In both civil and criminal trials, the person ag:
il trials itis the
als is the state and in ci
called the defendant: the accuser in criminal tr
plaintiff
iving evidence/Called into court
0 some formality
When called into court, every witness will, almost consistently. und
2 the oath’ or “swearing in’ requires a religious text
to ensure that they tell the truth. “Takin:
(eg. the Quran, or Bible- what the case may be ). onee the oath has been taken, the
Witness is liable for the penalties of falsehood. Whether called as a witness of fact, a
professional witness (like doctor) of fact or an expert witness (such as forensic pathologist
or forensic expert), the process of giving evidence is the same:
When this questioning is completed, the other lawyers will have the opportunity to
question the witness: this is commonly called ‘eross
an
ation’. This questioning will
test the evidence that has been given and will concentrate on those parts of the evidence
that are damaging to the lawyer’s caseme final part of giving evidence is the “re-examin:
ion’, Here, the original lawyer has
the opportunity to clarify anything that has been raised in cross-examination but he cannot
introduce new topics.
y
‘The judge may ask questions at any time if he feels that by doing so it may clarity a point
or clear a point of contention, or if he thinks counsel are missing a point, However, most
judges will refrain ftom asking questions until the end ie the ree 7
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