Professional Documents
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Crimescenelecture1 1
Crimescenelecture1 1
-Legal medicine is the professional and academic discipline which concerns itself with legal
aspects of medical science, medical practice, and other health care delivery problems (American College of
Medicine).
-In some jurisdiction, legal medicine is synonymous with forensic medicine, but strictly legal
medicine should include both forensic medicine and medical jurisprudence.
FORENSIC MEDICINE
-Forensic medicine is a specialized area of medical practice, concerned with the relationship
between medicine and the law. More specifically, forensic medicine is the scientific use of medical and
paramedical specialties, as well as various dental, psychological, biological, chemical, and mechanical
techniques, in investigating the causes of a persons death, disability, injury, or disease.
-In some jurisdiction, forensic medicine is interchangeable with medical jurisprudence or legal
medicine.
- In the Philippine jurisdiction, forensic medicine and medical jurisprudence are branches of legal
medicine.
- It compasses several specialties, such as forensic pathology, odontology and psychiatry. A major
focus is medicolegal death investigation, but medical forensic specialist also work in areas such as
malpractice, investigation of human rights violations, violence against women and children, and litigation
related to occupational and environmental health issues. (United States National Library of medicine,
National Institute of Health).
- Forensic medicine is the branch of medical science that uses medical knowledge for legal
purposes; it is the application of medical knowledge of questions of law. In order to practice forensic
medicine, one must first be a medical doctor and then must have special post-graduate training in forensics.
MEDICAL JURISPRUDENCE
-Medical jurisprudence is a specialized area of legal practice concerned with the relationship
between the medicine and the law.
- It is the application of principles of law as they relate to the practice of medicine, to the
obligations of the practitioner to his patient, and to the relations of physicians to each other and to society
in general.(Dorlands illustrated Dictionary, 1994.)
FORENSIC MEDICINE
- That branch of medicine dealing with the
application of medical knowledge to the
purposes of the law
- It refers to medicine as it relates to the practice
of law such as the application of medical
knowledge in identification or criminal
investigations.
MEDICAL JURISPRUDENCE
- That branch of law dealing with the application
of medical knowledge to the purposes of the
law.
- It covers legislation and civil suits (malpractice,
consent and others) being an application of
legal principles in medical practice.
FORENSIC PATHOLOGY
-Forensic Pathology is the subspecialty of pathology that focuses on the medicolegal investigation
of sudden or unexpected death.
Note:
FORENSIC PATHOLOGIST
-They are medical doctors who serve as medical examiners and sometimes as coroners.
-They determine the cause and manner of death through autopsies and death investigation
which include, however not limited to violent deaths such as homicides, accidents and suicides.
Other categories are suspicious deaths, sudden and expected deaths, deaths in children and infants,
prisoners, persons under the care of an institution, situations where illicit drugs or alcohol may
have contributed to the death, deaths occurring during or in close proximity to surgical procedure,
deaths in individuals not under the care of a physician or when the private physician is unavailable
or unwilling to certify the death certificate, and death when there is suspicion or a public health
threat. They are licensed physicians who have completed medical school, medical internship,
three years of pathology residency, and one year of forensic pathology fellowship.
- They have passed general medical certification exams as well as pathology (anatomic
pathology and/or clinical pathology) and forensic pathology board examinations administered by
the Board of Pathology or in case of the Philippines, Philippine Society of Pathologists, Inc.
- He is also an expert witness in the court of law, testifying in variety of civil and criminal
cases involving death or injury.
BRANCHES OF PATHOLOGY
-Pathologist is a specialized type of physician whose studies a vast variety of natural diseases and
works in a hospital, a laboratory of a private setting.
Chemistry
Toxicology
Microscopy
Analysis of controlled substances
Fire debris
Explosive residues
Hairs
Fibers
Glass
Soil
Paint and other materials
Fingerprints and other impressions (footwear and tire tracks)
FINGER PRINT ANALYSIS
to the possible cause and manner of death, and then decides whether there is a reason for an
autopsy.
-
EVIDENCE TRIANGLE
-The evidence triangle, through the physical evidence, establishes a link between the
various facets of the crime scene, the victim, and the suspect. All of these components must be
connected for a successful resolution of the case.
SCENE
Physical Evidence
SUSPECT
VICTIM
PRINCIPLE OF INTERCHANGE
-This is based on Locards Exchange principle that, Every Contact Leaves its Trace.
The basis for the trace analysis in forensic science is the statement made in 1910 by the French
criminologist, Dr. Edmond Locard: Every contact leaves its trace. Since physical contact is
involved in almost every crime, the analysis of trace evidence plays a crucial role in crime scene
investigation. No one can enter an environment without leaving some trace of his or her presence
and without carrying away some trace of that environment.
1.
GRID METHOD
-Variation of the strip search method-best used outdoors. Personnel will search a strip
along one axis, east to west and then come back and cover the same area on a north to south axis.
This method provides a double check of the search area.
2. SPIRAL or CIRCULAR SEARCH METHOD
-It is typically used for outdoor scenes and/ or underwater searches. This search pattern is
usually conducted by a single searcher who walks in a slightly decreasing, less-than-concentric
circle from the outermost boundary towards the center. The process should not be reversed.
3. STRIP OR LANE SEARCH METHOD
-This is usually used for covering large or open areas. Personnel will line up shoulder to
shoulder; usually an arms distant away from each other and moves slowly along examining
parallel strips of terrain. When a suspected piece of evidence is located they will call the Team
leader before taking any action. Personnel should try to maintain the straight line and move
forward together to avoid missing areas.
4. QUADRANT OR ZONE SEARCH METHOD
-Area to be searched is divided into zones or sectors. Each person is assigned a sector to
do a thorough search. The sectors can then be searched by another if necessary.
5. POINT TO POINT METHOD
- Even though this is not very systematic, it can be used in small confined areas.
6. CLOCKWISE-COUNTER CLOCKWISE INSIDE METHOD
- This search pattern involves two agents working together. One agent would search in a
clockwise direction searching the area from the waist up to the ceiling. The second agent would
search counter clockwise waist down to floor. Once the agents have completed one pass they
should reverse roles and repeat the process.
7. WHEEL SEARCH METHOD
- This search pattern covers all the angles starting from the center just like the hub of the
wheel and the search is conducted in a wheel fashion.
g. Record and Collect Physical Evidence
1. Photograph or videotape all items before collection and enter annotations in
photographic or video log.
VIDEO EVIDENCE
-It is often used to serve the ends of justice for the deceased who can no longer speak for
themselves or for those too young to comprehend and defend themselves.
- To be truly credible, a party presenting such video evidence must show the entire
footage in order to avoid bias or at least state that what is being presented is only a part of a video.
-Certainly such evidence is admissible in court and is often given much weight as it is
more reliable than an eyewitnesss account of what in fact took place.
2.
3.
a.
a.
-
Environmental conditions
Wind, sun, snow and temperature can play key roles in the destruction of the evidence at a crime scene.
e.g. blood at an outdoor crime scene
when it rains: blood become so diluted that testing of the blood becomes impossible.
Extremely hot and humid day: the fluid would be decomposed or contaminated by bacteria to a
point where further analysis would be impossible or inconclusive at best.
Wind: can carry in contaminates or literally blow away evidence.
Temperature in the extremes: can obviously cause problems by the items containing evidence
being cooked or frozen.
Moisture: allows the growth of microorganisms which can destroy or alter evidence.
b. Cross Contamination
- The evidence containers should be closed and secured to prevent the mixture of evidence during
transportation.
c. Packaging of Evidence
- Evidence is packaged to prevent destruction and contamination. New sterile containers, free of
contaminants must be used to package all evidence. It must be sealed at the crime scene.
d. Shipping or Transportation of Evidence
- Transportation of evidence from the scene requires special consideration to prevent destruction and
contamination. The ability to temporarily store the evidence controlled environment must exist or
the evidence must be transported to the crime laboratory immediately.
h. Autopsy is conducted to determine the cause of the sudden death which entails the following:
a. Taking a photograph of the victim fully clothed and then after the clothes has been removed.
b. Post-Mortem examination is a detailed and meticulous external examination and recording of any
marks on the body (Scalp, neck area, back, hands and feet).
a. Surface appearance of the wounds, its depth and location in relation to anatomic landmarks may
help to reconstruct the incident.
c. In making incisions, unnecessary distortion of the area of injury must be avoided if possible.
d. Internal Examination- all body including the skull, must be opened. The amount of blood found in
these cavities must be measured. (Injuries must be probed determine its depth and direction before
internal organs are removed.)
e. Adequate samples of body fluids must be obtained for proper analysis. ( e.g. blood, urine, stomach
contents, semen or vaginal fluid, tissue samples)
f. Parts of the body or organs which have a bearing to the death of the victim may be taken and
preserved; otherwise all organs should be returned to the body before it is buried.
1.
2.
EXHUMATION
- The act of removing the body from the grave. It is allowed in our country for a variety of reasons.
- The examination of the disinterred body does not give as much satisfactory results as a postmortem autopsy.
FACTORS AFFECTING THE AUTOPSY AFTER EXHUMATION:
1. The condition of the body at the time of death
2. The embalming technique
3. The condition of the soil
4. The type of casket used
LECTURE 3: DECEPTION DETECTION
The knowledge of truth is an essential requirement for the administration justice.
Methods of deception detection, which are currently being used or applied by law enforcement
agencies:
1. Devices which record psycho-physiological responses
a. Use of a polygraph or lie detector machine
b. Use of the word association test
c. Use of the psychological stress evaluator
2. Use of drugs that try to inhibit the inhibitor
a. Administration of truth serum
b. Narcoanalysis or narcosynthesis
c. Intoxication
3. Hypnotism
4. By observation
5. Scientific interrogation
6. Confession
his alibi.
B. Narcoanalysis or Narcosynthesis:
-Use of Sodium amytal/ Sodium penthotal
-Drug causes the depression of the inhibitory mechanism of the brain and the subject
talks freely.
C. Alcohol Intoxication: In Vino Veritas
-The ability of alcohol to reveal the real person behind the mask which all of us are said
to wear (mask of sanity) is reflected in the age-old masim.
Methods:
1.
2.
3.
4.
III. HYPNOSIS: the alteration of consciousness and concentration in which the subject manifests a
heightened of suggestibility while awareness is maintained.
Not all person are susceptible to hypnotic induction, subjects who are compulsive-depressive type,
strong-willed like lawyers, accountants, physicians and other professionals are usually non-hypnotizable.
Reasons why Hypnotism is not Admissible in Court
1. It lacks the general scientific acceptance of reliability of hypnosis per se in ascertaining the
truth from falsity.
2. The fear that the truer of fact will give uncritical and absolute reliability to a scientific device
without consideration of its flaws in ascertaining veracity.
3. The possibility that the hypnotized subject will deliberately fabricate.
4. The prospect that the state of heightened suggestibility in which the hypnotize subject as
suspended will produce distortion of the fact rather than the truth
5. The state of the mind, skill and professionalism of the examiner are too subjective to permit
admissibility of the expert testimony
6. Confession while under hypnotic spell is not admissible as evidence because such
psychiatric treatment is involuntary and mentally coercive.
7. Although hypnosis may not yield admissibility evidence it may be pf some use during
investigation.
IV. OBSERVATION: A good criminal investigator must be a keen observer and a good psychologist.
A subject under stress on account of the stimulation of the sympathetic nervous system may exhibit
changes that may be used as a potential clue of deception. And since just one or a combination of the
following signs and symptoms are not conclusive pr a reliable proof of guilt of the subject, their
presence infers further investigation to ascertain the truth of the impression.
A. Physiological and Psychological Sign and Symptoms of Guilt:
1.
Sweating-Sweating accompanied by a flushed face indicate anger,
embarrassment or extreme nervousness. Sweating with a pallid face may
indicate shock or fear. Sweating hands indicate tension.
2.
Color Change-Flushed face: anger, embarrassment and shame
-Pale face: sign of guilt
3.
Dryness of the Mouth- Swallowing and licking of the lips
4.
Excessive Activity of the Adams Apple
5.
Fidgeting-subject is constantly moving about in the chair, pulling his ears,
rubbing his face, picking and tweaking the nose, crossing and uncrossing his
legs, rubbing the hair, eyes, eyebrows, beating and snapping fingernails, etc.
These are indicative of nervous tension.
6.
Peculiar feeling inside- There is a tension of lightness of the head and the
subject is confused. This is the result of his troubled conscience.
7.
8.
9.
10.
3.
4.
5.
Basis of investigators Inference that the subject is not telling the truth:
1.
2.
3.
The subjects statements have many improbabilities and gaps on its substantive parts.
The subjects statements are inconsistent with material facts.
The subjects statements are incoherent, conflicting with one another.
CONFESSION: is an expressed acknowledgment by the accused in a criminal case of the truth of his
guilt as to the crime charged, or of some essentials thereof.
Difference between confession and admission: CONFESSION is an admission of guilt while
ADMISSION is usually a statement of fact by the accused which doers not directly involve an
acknowledgment of guilt.
Kinds of Confession:
1.
2.
Maltreatment of Prisoners for the purpose of Exhorting confession or to obtain some information is crime
punishable under Article 235, Revised Penal Code.
Torture: as defined under The Tokyo Declaration:
-The deliberate, systematic or wanton infliction of physical or mental suffering by one or
more persons acting alone or on the orders of any authority, to force another person to yield
information, to make a confession, or for any other reason.
LECTURE IV: Identification and DNA Fingerprinting
IDENTIFICATION-is the determination of the individuality of a person or a thing
Importance:
1. In the prosecution of the criminal offense, the identity of the offender and that of
the victim, must be established, otherwise it will be a ground for the dismissal of
the charge of acquittal of the accused.
2. The identification of a person missing or presumed dead will facilitate settlement of
the estate, retirement, insurance and other social benefits. It vests on the heirs the
right over the properties of the identified person.
If the identity cannot be established, then the law on presumption of death (Art.
390, Civil Code) must be applied which requires the lapse of seven years before a
person can be presume dead. In special instances, the seven years period may be
reduced to four years. (Art. 391, Civil Code)
3. Identification resolves the anxiety of the next-of-kin, other relatives and friends as
to the whereabouts of a missing person or victim of calamity or criminal act.
4. Identification may be needed in some transactions, like cashing of check, entering
a premise, delivery of parcels of registered ma8l in post office, sale of property,
release of dead bodies to relatives, parties to contact, etc.
Rules in Personal Identification:
1.
2.
b.
3.
4.
a.
b.
c.
d.
e.
4.
5.
6.
7.
Tattoo marks-- introduction of coloring pigments in the layers of the skin by multiple
puncture.
Importance:
1. Helps in identifying a person.
2. Indicates memorable events in his life.
3. Indicate the social stratum to which the person belongs.
4. Implies previous commitment in previous or membership in a criminal gang.
3.
Ornamentaions
Personal belongings
Wearing apparel
Foreign bodies
Identification by close relatives
Identification records on file at the police department, immigration bureau,
hospitals, etc.
Identification photograph
Broad daylight:
A person can hardly recognize another person at a distance farther than
100 yards if the person has never been seen before, but persons who are almost
strangers may be recognized at a distance of twenty-five yards.
b.
Flash of firearms:
By experiment, letters 2 inches high can be read with the aid of the flash of
caliber .22 firearms at a distance of two feet,
BUT it is hardly possible for a witness to see the assailant in case of a hold-up pr a
murder because:
1.
2.
c.
Flash of lightning:
Produces sufficient light for the identification of an individual provided that the
persons eye is focused towards the individual he wishes to identify during the flash.
d.
Artificial light:
Identity is relative to the kind and intensity of the light. Experiments maybe
made for every particular artificial light concerned.
2.
Fingerprints are not changeable: Fingerprints are formed in the fourth month of
pregnancy. During the latter stage of pregnancy as well as after birth, the pattern
enlarges but no changes take place in the number and arrangement of the friction
ridges.
It can be said that fingerprints are an indelible signature which a person carries
from the cradle to the grave.
Uses of Fingerprints:
1. Help establish identification in cases of dead bodies and
unknown or missing persons.
2. Fingerprints recovered for scne of crimes are associative
evidence, associative persons are weapons
3. Fingerprints on file are useful for comparative purposes and
for the knowledge of previous criminal records.
4. Among illiterate, right thumb printing is recognized as a
substitute for signature on legal documents (Philippines), left
thumb (India) and right pointing finger (Spain).
B. DENTAL IDENTIFICATION:
Dental identification is important in the following reasons
1. The possibility of two (2) persons to have the same dentition is quite remote. Why?
-32 teeth (Adult) have five (5) surfaces. . Some of the teeth may be missing, carious, with
filling materials, and with abnormality in shape and other peculiarities.
2. The enamel of the teeth is the hardest substance of the human body
3. After the death, the greater the degree of the tissue destruction, the greater is the importance
of dental characteristics as means of identification.
4. The more recent the ante-mortem records of the person to be identified, the more reliable is
the comparative or exclusionary mode of identification that can be done.
P.D. 1575 requires that practitioners of dentistry to keep records for 10 years of their patients to
make accurate dental records available for purposes of comparison or exclusionary mode of
identification. Upon the lapse of ten years, they shall turn over the dental records to the NBI.
Forensic Odontologist- dentist specializing in dental identification
Sex- examination for the presence of Barr bodies (sex identification) from palatal
scrapping.
HANDWRITING:
A person may be identified through:
1. handwriting
2. handprinting
3.
hundnumbering
The Sec.22, Rule 132 of Court: the genuineness of any disputed handwriting may be probed
by:
1.
2.
3.
4.
No, because handwriting is not a mere physical movement of ones arms, movement of
hands, but involves ones intelligence.
Therefore, it is a testimonial knowledge violative of the right against self-incrimination.
Two (2) types if handwriting examination done by comparison with known standards:
1. Collected (procured) standard- These consist of handwriting by a person suspected to have
written the questioned document. It may be found in public or private records of the person or
from other sources. Provided it is clear and sufficient, it is a most appropriuate standard.
- 15 handwriting specimens (used as standards)
2.
Requested standard- These are standards made by the alleged writer of the document in
question upon the request of the examiner or persons interested in the examination. Inasmuch
as one of the characteristics of a good exemplar is that it must b contemporaneous with the
date of the questioned document was made, the use of the requested standards is applicable
only or recently written questioned documents, like extortion or poison notes or letter of
threat or ransom, etc.
* Please review the following: Handwriting Characteristics of Illiterates, Old Aged Persons and
Disguised Writing, pp.71-73 of your book, Forensic Medicine by Solis, 1988 ed.
Signature forgery is the most common activity of a questioned document examiner.
A signature may be found on a document which appears that a person has participated in its execution and
the person denied that he had signed it. Such signature may be found in checks, deeds of conveyance,
anonymous letters, receipts, etc.
Classification of Signature Forgery
1. Traced forgery- the outlining of a genuine signature from one document onto another where
the forger wishes it to appear. Traced forgery is basically drawing and consequently lacks free
natural movement inherent in a persons normal writing.
Ways of achieving traced forgery:
a.
The paper wherein his signature is to be copied is placed o top of the document
containing the signature. By means of a strong light underneath, the forged signature
is traced from the genuine, either directly or lightly by a pencil outline.
b.
2.
3.
By placing the paper to receive the signature tracing underneath the document
bearing the genuine signature and by indented outline on the underneath page, or by
interweaving the documents with carbon paper to produce a carbon outline on the
forged paper.
Simulated forgery- an attempt to copy in a freehand manner the characteristics of a genuine
signature either from memory of the signature of from a model.
Spurious forgery- forgers own handwriting wherein little or no attempt has been made to
copy the characteristics of the genuine writing.
IDENTIFICATION OF SKELETON:
In the identification of bones, the following points should be determined approximately:
1. Whether remains are of human origin or not
2. Whether remains belong to a single person or not.
3. Height
4. Sex
5. Race
6. Age
7. Length of interment or length of time from date of death
8. Presence or absence of anti-mortem or post-mortem bone injuries.
9. Congenial deformities and acquired injuries in the hard tissues causing permanent
deformities.
-Superimposed photography
1.
2.
3.
DETERMINATION OF SEX:
Legal importance of determination of Sex Determination
1. As an aid in identification
2. To determine whether an individual can exercise certain obligations vested by law on
one sex only.
3. Marriage or the union of a man and a woman
4. Rights granted by law are different to different sexes.
5. There are certain crimes wherein a specific sex can only be the offender or victim.
1.
2.
3.
4.
DETERMINATION OF AGE:
Legal importance of Determination of Age:
1. As an aid in identification
2. Determination of criminal liability
3. Determination of suffrage
4. Determination of exercise of civil rights
5. Determine the capacity to contract marriage.
6. As a right to certain crimes- rape, infanticide, seduction (qualified, simple),
consented abduction.
Determination of the age of a fetus:
1. Application of the Hesss Rule or Haasses Rule:
a. Fetus less than 25 cm. long (Crown to feet length)- get the square root of
the length in cm. and the result is the age of the fetus in months.
b. Fetus more than 25 cm. long or more- divide the length of the fetus by 5,
and the result is the age of fetus in months.
2.
4.
5.
6.
7.
8.