ROEL F.

BALUGO

LEGAL MEDICINE Saint Mary Criminology Review Center

Contact #09187763642/09272448368 LEGAL MEDICINE ROEL F. BALUGO

LEGAL MEDICINE is a branch of medicine which deals with the application of medical knowledge to the purpose of law and justice. It is the application of the basic and clinical, medical and paramedical sciences to elucidate legal matters. Legal Medicine and Forensic Medicine are synonymous and in common practice are used interchangeably, although legal medicine strictly speaking means medicine applied to legal cases, while forensic medicine science to elucidate legal problems. MEDICAL JURISPRUDENCE is that branch of law which deals with the organization and regulation of the medical profession, with the contractual obligation existing between practitioner and his patient and with the duties imposed on the practitioner by the state. DISTINCTION BETWEEN LEGAL MEDICINE AND MEDICAL JURISPRUDENCE 1. 2. 3. Legal medicine is a branch of medical science, while medical jurisprudence is a branch of law. Legal medicine is a medicine applied to law and administration of justice, while medical jurisprudence is law applied to the practice of medicine. Legal medicine basically originate from the development of medical science, it being a branch of medicine, while medical jurisprudence emanates from acts of Congress, executive orders, administrative circulars, custom and usage and decisions of tribunal which have relation to the practice of medicine. Legal medicine is based on the principles of coordination, that legal medicines coordinate medicine to law and justice. On the other hand, medical jurisprudence is based on the principles of subordinations, that it is the duty of a physician to obey the laws in as much as our government is established on the principle of government of laws and not of men and that no one is considered above the law.

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PURPOSE OF THE STUDY ROEL F. BALUGO 1. 2. 3. 4. 5. To give the students and practitioners of medicine a theoretical and practical knowledge of the subject in his relation to law. To give information to physicians of his rights and duties and the manner in which the law expect him to act under certain circumstances. To enable a lawyer find the principles which apply, and the laws and decisions which may govern, in any case involving medical questions, as well as the points upon which medical experts should be examined. To acquaint medical and law students and practitioners of the recent advances of forensic medicine and the medico legal system and procedure adapted in different countries. Students of criminology and police sciences must be acquainted with the medical aspect of criminal investigation, their significance, interpretation and probative value in court.

SCOPE OF LEGAL MEDICINE The scope of legal medicine is quite broad. It is the application of all branches of medicine and other allied sciences to law and administration of justice. The knowledge of wounds has been acquire in surgery, abortion in gynecology, sudden death in medicine, effects of trauma in pathology, etc. although viewed in a different angle. NATURE OF LEGAL MEDICINE ROEL BALUGO Knowledge of legal medicine means the ability to acquire facts, the power to arrange those facts in the logical order, and the application for the purposes of law the conclusion which they lead. A physician should be an impartial observer, intent only or seeking the truth of a case in relation its circumstances, the conscience with which he discharges his duties is but a corollary to his putting into practice the medico legal knowledge he has acquired. It is not only necessary that a physician should have an impartial and accurate observation of the facts but also must posses the power to impart in words or in writing all of his observation to others. He must convey all the facts he has observed and be able to give is logical opinion. Some members of the medical profession have been inclined to regard medico-legal matter with abhorrence. They consider it as an addition to their usual duties while other refuse to handle medico-legal cases because of fear, and waste of material time when being summoned in court. But , no physician in practice can ignore nor refuse to face the problem of legal responsibility and his duties to the court. ROEL F. BALUGO

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LEGAL MEDICINE
ROEL F. BALUGO

MEDICAL JURIST- (Medico-legal Expert) is a physician who specializes in the science of legal medicine. He must possess sufficient knowledge pathology, surgery, toxicology, and other branches of medicine in the application to law and justice. DIFFERENCES BETWEEN ORDINARY PHYSICIAN AND A MEDICAL JURIST ROEL F. BALUGO 1. 2. 3. An ordinary physician sees an injury or disease on the point of view of treatment, while a medical jurist sees injury or disease as regard to cause. The purpose of an ordinary physicians examination of a patens is to institute remedy or treatment, while the purpose of a medical jurist in examining the patient is for law and to give justice tone where justice is due. Minor bodily lesions may be significant to an ordinary physician to warrant attention for they may necessitate treatment without producing any untoward effect, but to a medical jurist physical injury of whatever nature, size and location must be appreciated and described.

OTHER DIFINITIONS 1. Law is a rule of conduct just obligatory laid by legitimate power for the common observance and benefit? It is a science of moral law founded on the rational nature of man which regulates free activity for the realization of his individual and social ends under the aspect of mutual demandable independence. 2. Medicine is a science and art dealing with prevention, cure and alleviation of disease? It is that part of science and art or restoring and preserving health. Legal is that which or pertains to law, arising out of by virtue of or included in law. It also refers to anything conformable to the letters or rules of law as it is administered by the court. Jurisprudence it is a practical science which investigates the nature, origin, development and function of law. It is a science of giving a wise interpretation of the law and making just application of them to all cases as they arise.

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PRINCIPLE OF STARE DECISIS ROLE F. BALUGO A principle that, when the court has once laid down a principle of law as applied to a certain state of facts, it will adhere to that principle, and apply it to all future cases where the facts substantially the same. SOME PRINCIPLE GOVERNNG APPLICATION AND EFFECT OF LAWS 1. 2. 3. 4. Ignorance of the law excuses no one from compliance therewith. Law shall have no retroactive effect, unless the contrary is provided. Rights, may be waive unless the waiver is contrary to law, public order, public policy, morals, good customs, or prejudicial to a third person with a right recognized by law. Customs which are contrary to law, public order or public policy shall not e countenanced.

BRANCHES OF LAW WHERE LEGAL MEDICINE IS PRINCIPALLY APPLIED 1. Civil law is a mass precept that determines or regulates the relations of assistance, authority and obedience between members of a family, and those that exist between members of a society for the protection of private interest. Criminal law is that branch or division of law which defines crime, treats of their nature, and provides for their punishment. Remedial law - is that branch of law which deals with the rules concerning pleadings, practice and procedure in all courts of the Philippines. Special laws

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MEDICO LEGAL OFFICER a. b. c. Qualifications of a medico-legal officer How medico-legal officer gets his office Duties of the medico-legal officer

MEDICAL EXAMINER a. b. c. d. Qualification of medical examiner How the medical examiner gets his office Duties of the medical examiner Procedure of investigation ROEL F. BALUGO

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LEGAL MEDICINE

ROEL F. BALUGO CORONER a. b. c. d. Qualification of coroner How the coroner gets his office Duties of the coroner Procedure of inquest

MEDICAL EVIDENCE ROEL F. BALUGO Evidence s the means, sanction by law of ascertaining in a judicial proceeding the truth respecting a matter of fact. Reference: Section 1, 2, 3, 4, -128 rules of court Medical Evidence is the means sanction by law of ascertaining in a judicial proceeding that truth respecting a matter of fact wherein scientific medical knowledge is necessary. FORMS OF EVIDENCE 1. Real Evidence this form of evidence is made known or addressed to the senses of the court.

Section 1, Rule 130 Rules of Court View of an Object whenever an object has such a relation to the fact in dispute as to afford reasonable grounds or belief respecting it, such object may be exhibit to or viewed by the court, or its existence, situation, or character proved by witnesses, as the court in its discretion may determine. a. Indecency and impropriety are exceptions to this rule of evidence, but when exhibition is necessary for the end of justice, notions of decency and delicacy of feeling will not be allowed to prevail. b. Repulsive objects and those offensives to sensibilities should also be excluded if they are not absolutely necessary for the proper administration of justice. 2. Testimonial Evidence a physician may be placed at the witness stand to answer questions propounded to him by counsels of parties or by the presiding officer of the court. His testimony must be given orally in open court and under oath or affirmation. Qualification of an Ordinary Witness Section 18, Rule 130, Rules of Court Except as provided in the next succeeding section, all persons who, having organs of sense, can perceive, and perceiving, can make known their perception to others, may be witness. Neither parties nor other persons interested in the outcome of a case shall be excluded, nor those who have been convicted of crime, nor any person on account of his opinion on matters of religious belief. Qualification of an Expert Witness Section 42, Rule 130, Rules of Court The opinion of a witness regarding a question of science, art or trade, when he is skilled therein, may be received in evidence. 3. Experimental Evidence a medical witness may be required to perform certain experiments to prove a certain matter of fact. Again such evidence must not be offensive to decency, sensibilities, and propriety. The court, however, in its discretion may or may not allow experimental evidence. 4. Documentary Evidence any written evidence presented by a physician in court which is relevant to the subject matter in dispute and not excluded by the rules of court is documentary evidence.

METHODS OF PRESERVING EVIDENCE ROEL F. BALUGO 1. 2. 3. 4. Photography and sound recording Sketching Description Testimony of witnesses

KINDS OF EVIDENCE NECESSARY FOR CONVICTION 1. Direct Evidence that which proves the fact in dispute without the aid of any inference or presumption. The evidence presented corresponds to precise or actual point at issue. ROEL F. BALUGO

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LEGAL MEDICINE
ROEL F. BALUGO

2. Circumstances Evidence the proof of facts from which, taken either singly or collectively, the existence of a particular fact in dispute may be inferred as a necessary or probable consequence. When is Circumstantial evidence sufficient to Produce conviction? a. When there is more than one circumstance, b. When the facts from which the inferences are derived are proven, and c. When the combination of all the circumstances is such as to produce a conviction beyond a reasonable doubt. DEGREE PF PROOF REQUIRED IN THE COURT OF JUSTICE: ROEL F. BALUGO 1. In civil cases, preponderance of evidence only is required. 2. In criminal cases, proof beyond reasonable doubt is required. MEDICAL ASPECTS OF CRIMINAL INVESTIGATION I- CRIMINAL INTERROGATION -The principal psychological, physical and medical factors to a successful interrogation are privacy. Interrogation, it is an inherent mental process that the suspect or witness is more apt to divulge his secret in a private room occupied by only the subject and interrogator than in the presence of other persons. KINDS OF OFFENDERS 1. Emotional Offenders 2. Non-emotional Offenders Symptom of Emotional Symptom 1. 2. 3. 4. 5. 6. 7. 8. Sweating Color change Dry mouth Clenching of hands Elbows Heartbeat Breathing Fidgeting, general nervous symptoms

PHYSIOLOGICAL AND PSYCHOLOGICAL SYMPTOMS OF GUILT OF THE SUBJECT 1. 2. 3. 4. 5. 6. 7. 8. Pulsation of the carotid artery Excessive activity of the Adams apple Dryness of the mouth Inability to look at the interrogator straight in the eye Swinging one leg over the other, tapping the chair etc. The peculiar feeling inside Swearing the truthfulness of his assertion Not that I remember expression

II. DECEPTION DETECTION METHODS ROEL F. BALUGO 1. USE OF THE LIE DETECTOR OR KEELERS POLYGRAPH Principles: When a person lies, there is blushing, dryness of the throat, change of his blood pressure, respiration and change in the activity of the sweat pores. FACTORS RESPONSIBLE FOR THE 25% FAILURE OF THE USE OF LIE DETECTOR 1. 2. 3. 4. 5. 6. Nervousness or extreme emotional tension experienced by a subject who is nevertheless affected by; Physiological abnormalities Mental abnormalities Unresponsiveness in a lying or guilty subject Attempts to beat the machine by controlled breathing or by muscular flexing Unobserved application of muscular pressures which produce ambiguities or misleading indications in the blood pressure tracing.

ADMISSIBILITY OF THE RESULT OF LIE DETECTOR TEST IN COURT. In a series of decisions of the state supreme courts in United States,( Fyre vs. U.S., State vs. Bohner (Wis.), People vs. Becker (Mich.) People vs. Forte, State vs. Cole, (Mich), Beech vs. State (Neb.) People vs Wechnick, (California) etc. ROEL F. BALUGO

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LEGAL MEDICINE

ROEL F. BALUGO Uniformly ruled non admissibility of the lie detector test. The common reason given is that the test has not gained among physiological and psychological authorities a degree of development beyond the experimental stage. Until it is established that reasonable certainly follows from such test, until it is established that reasonable certainty follows from such test, it would be an error to admit in evidence the result. The test is useful in investigation of crime but it has no in the courtroom. CAN A PERSON BE COMPELLED TOBE SUBJECTED TO LIE DETECTOR TEST? ROEL F. BALUGO In as much as the test requires the subject to answer questions either by yes or no, it may infer the use of intelligence and attention or other mental faculties which is self-incriminatory, therefore, a person can not be compelled to be subjected to the test. 2. ADMINISTRATION OF TRUTH SERUM Hyoscine hydro bromide is given hypodermically in repeated doses until a state of delirium is induced. When the proper point is reached, the questioning begins and the patient has forgetfulness of any alibi he may have built up to cover his guilt. Consequently under such circumstances, he is apt to tell the truth and give details or may implicate others. 3. INTOXICATION The person whose statement is to be taken is allowed to take alcohol beverages to intoxication point. When under the influence of alcohol, the power control is diminished and the investigator begins propounding questions. 4. WORD ASSOCIATION TEST A list stimulus words is read to the subject who has been instructed to respond as quickly as possible. The time interval between the stimulus word and the answer is recorded. A person will not answer quickly questions containing words which has relation to the crime committed. 5. NARCOANALYSIS OR NARCOSYNTHESIS Does not include the use of the truth serum, but rather a process of inducing a state of mind by the application of a drug whereby the individuals capacity to unite thoughts and choose those to which he desides to give utterance is inhibited. This method of deception detection utilizes the administration of anesthesia or hypnotics and psychiatry in criminal interrogation. 6. HYPNOTISM The subject is made to be under the influence of hypnosis by a qualified hypnotist. While fully hypnotized, questions are asked relating to the subject-matter of the investigation. This method of deception detection is not as dangerous as the use of truth serum; however, authorities doubt its value because the subjects answer is under the control and suggestion of the hypnotist. III- CONFESSION ROEL F. BALUGO Confession is an expressed acknowledgement by the accused in a criminal case of the truth of his guilt as to the crime charge, or of some essentials thereof. Confession is different from Admission, although Admission includes as one of its species of confession. Confession is a statement of guilt, while Admission is usually a statement of fact by the accused which do not directly involve an acknowledgement of guilt of the accused. KINDS OF CONFESSION 1. Extrajudicial Confession this is a confession made outside of the court prior to the trial of the case. Extrajudicial confession may be: a. b. Voluntary extra-judicial confession Involuntary extra-judicial confession- Confession obtained through force, threat, intimidation, duress or anything influencing the voluntary act of the confessor.

2. Judicial Confession- this is the confession of an accused in court. It is conclusive upon the court and may be considered to be a mitigating circumstance to criminal liability. MEDICO LEGAL ASPECT OF DEATH ROEL F. BALUGO DEATH is defined as the state of complete and persistent cessation of respiration, circulation and other vital function of the body. ROEL F. BALUGO

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LEGAL MEDICINE
ROEL F. BALUGO

LIFE- is the sum total of all the vital process by which the physical integrity of the body is maintained. KINDS OF DEATH 1. SOMATIC DEATH OR CLINICAL DEATH this is the state of the body in which there is complete persistent and continuous cessation of vital function of the brain, heart and the lungs which maintain life and health. MOLECULAR OR CELLULAR DEATH- after cessation of the vital function of the body there is still animal life among individual cells. APPARENT DEATH - this condition is not really death but merely a transient loss of consciousness or temporary cessation of the vital function of the body on account of disease, external stimulus or other forms of influence. It may arise especially in hysteria, uremia, catalepsy and electric shock.

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LEGAL IMPORTANCE OF DETERMINING DEATH ROEL F. BALUGO 1. 2. 3. 4. Civil personality of a natural person is extinguished by death, Property of the person is transmitted to his heirs at the time of death, Criminal liability of a person is extinguished by death, A civil case for claim which does not survived is dismissed upon the death of the defendant.

SIGNS OF DEATH I- Cessation of the heart action and circulation - There must be entire and continous cessation of the heart action and flow of blood in the whole vascular system. Temporary suspension of the heart action is still compatible with life. METHODS OF DETECTING THE CESSATION OF HEART ACTION AND CIRCULATION A. Examination of the heart 1. Palpation of the pulse 2. Auscultation for the heart sound at the pericordial area. Errors in the method of determining heart action a. The heart itself may, like other muscle, be in a state of apparent and not real death. b. The heart sound may not always be appreciable to the ear even with the aid of the stethoscope. Difficulties in auscultation may be encountered a. Stout person b. Fatty degeneration of the heart c. Pericardial effusion 3. 4. Fluoroscopic examination-examination of the chest will the reveal the shadow of the heart in its rhythmic contraction and relaxation. By the use of electro cardiograph the heart beat is accompanied by the passage of electrical charge through the impulse conducting system of the heart which may be recorded in an electrocardiograph machine.

B. EXAMINATION OF THE PERIPHERAL CIRCULATION ROEL F. BALUGO 1. 2. 3. 4. 5. 6. 7. 8. Magnus test a ligature is applied around the base of a finger with moderate tightness. Opening of the small artery in the living, the blood escapes in jerk and at a distance. Icard test this consist of the injection of a solution of fluorescein subcutaneously. Pressure on the finger nails if pressure is applied on the finger nails intermittently, there will be zone paleness at the site of the application of pressure which becomes livid on release. Diaphanous test the finger spread wide and the finger webs are viewed through a strong light. Application of the heat on the skin Palpation of the radial pulse Dropping of melted wax melted sealing wax is dropped on the breast of a person.

II- CESSATION OF THE RESPIRATION Like heart action, cessation of respiration in order to be considered as a sign of death must be continous and persistent. In the following condition there may be suspension

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LEGAL MEDICINE