Professional Documents
Culture Documents
LEGAL Med
LEGAL Med
Hello 2012! Goodluck satin lahat sa exams.. Konting tiis nalang.. Days
to go nalang before sembreak. Yey!! Aral tayo lahat mabuti.. Miko
thanks dahil ang tyaga nyo gumawa. Notes ko lang naman nadagdag
ko eh. Pero I'm glad I helped a little. Anyway, Godbless 2012! :)
-rika (Sent from my iPod)
LEGEND:
Normal text : lecture and recordings from section a & b
Italics : book and 2011 trans
INTRODUCTION
Nice to know:
When a congressman sponsors a health bill, it will then
be introduced / passed on to the committee of health
composed of 40-50 congressmen where the bill goes
through public hearings. So the committee can either
kill it there and/or calendar it for three separate
meetings in the lower house. At the third meeting,
Ez
bill goes to the senate and will again undergo three
separate meetings. They have only up to three years to
do that because they re-elect every three years.
Page 1 of 16
Nice to know:
Death penalty before was done by electrocution.
When it was abolished crime rates increased.
CONSTITUTION
1898 1935
1935 1941
1941 1945
1946 1972
1973 constitution
1978
1972 1986
WHEN IS IT MURDER?
There is time for contemplation.
Use of superior force and night time to ensure success
It was committed during a conflagration, shipwreck or a
calamity. (even if hold-up lang ginawa mo, eh nag-earth
quake, malas mo, murder na yun)
Committed in the presence of the Chief Executive. (sa harap
ng president)
Cussing at the courts or the deceased.
1987
st
EVIDENCE
Limitations:
Indecency and Impropriety. (Example: exposure of genitalia
of an alleged sexual offense victim)
Page 2 of 16
DOCUMENTARY writings/photographs
Recorded by letters, figures or marks
Applies to writings, to words printed, lithographed or
photographed; to seals, plates or stones on which
inscriptions are cut or engraved; to photographs and
pictures; to maps or plans
MEDICAL CERTIFICATES OR REPORT ON (see page __)
- Medival/Physical exam
- Necropsy/Autopsy
- Labs
- Exhumation(nahukay???)
- Birth/death
MEDICAL EXPERT OPINION
DEPOSITION - if the ONLY witness who could testify is
migrating to another country next month or has terminal
CA who will die in 3 months, he/she will produce a
testimony under oath, just like an affidavit. Testimony is
perpetuated.
/
use prepaid.
Page 3 of 16
DECEPTION DETECTION
Phases of Examination
1. Pre-test interview
- Check for medical/psychiatric condition/drug use
- Explain purpose of exam
- Develop the test questions
- Explain efficiency of technique
- To know any anti-social activity or criminal record of
the subject
2. Actual interrogation and recording through the
instrument
- Irrelevant questions- no bearing to the case like age,
citizenship, marital status
- Relevant questions- pertains to issue under
investigation
- Control questions- unrelated to the matter under
investigation but are similar of nature
3. Post-test interrogation
- To clarify findings
- d
responding to a relevant question
- Obtain additional info
Zh'^d,ddZzdK/E,//dd,/E,//dKZ
TRUTH SERUM Hyoscine hydrobromide (person will not have
the propensity to lie. Think: True Lies)
In the test, Hyoscine 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
subject feels a compulsion to answer the questions
truthfully. He forgets his alibi which he may have built up to
cover his guilt. He may give details of his acts or even
implicate others.
NARCOANALYSIS/NARCOSYNTHESIS
Practically the same as that of the administration of truth
serum. The only difference is the drug used (sodium amytal
and sodium pethotal).
Because of the drug, the subject speaks freely due to lack of
inhibition.
INTOXICATION WITH ALCOHOL
The ability of alcohol to reveal the real person behind the
mask which all of us are said to wear
reflected in the age- In vino veritas / ine
.
HYPNOSIS
Alteration of consciousness and concentration heightened
suggestibility while awareness is maintained. >
intooo my
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 which may be used as a potential clue of deception. And
since just one or a combination of the following signs and
symptoms is not conclusive or a reliable proof of guilt of the
subject, their presence infers further investigation to ascertain
the truth of the impression.
Page 4 of 16
SCIENTIFIC INTERROGATION
The questioning of a person suspected of having committed an
offense or of persons who are reluctant to make a full disclosure
of information in his possession which is pertinent to the
investigation. It may be done on a suspect or a witness.
d
hypnotism are both involuntary therefore are
inadmissible in court as evidences.
BASED ON PROFICIENCY
ORDINARY
Lowest form of criminal career
Only engaged in crimes that require limited skill
They lack the capacity to avoid arrest and conviction.
PROFESSIONAL
Highly skilled and rarely detected
commit crimes that require special skills rather than
violence.
Example: Pickpockets, shoplifters
Destierro
Defined as: "Banishment or only a prohibition from
residing within the radius of twenty (25) kilometers
from the actual residence of the accused for a specified
length of time."
W/ or
husband with another man or woman
when they are still in foreplay, you have to wait they
are in the act of having sex. Dura lex sed lex.
9
9
INTERROGATION TECHNIQUES
Page 5 of 16
CONFESSION VS ADMISSION
IDENTIFICATION
^,Z<K>E',,^/E/^/ZDDKZ/tzhE'
CLASSIFICATIONS AND YUNG MGA UNDER SA KANILA KASI MGA MALA
GANUN DAW MGA TANONG SA EXAM. EXAMPLE: CHEMICAL TESTS TAPOS
YUNG MGA UNDER NG CHEMICAL TESTS. - RIKA
Importance:
1. Ground for dismissal of the charge of acquittal of the
accused.
2. Facilitate settlement of the estate, retirement, insurance
and social benefits.
3. Resolves anxiety of relatives as to whereabouts of a
missing person or victim.
4. Needed in some transactions.
d/W<
impossible crime.
DENTAL IDENTIFICATION
The possibility of two persons to have the same dentition is
quite remote. An adult has 32 teeth and each tooth has 5
surfaces. Some teeth may be missing, carious, with filling
materials, and with abnormality in shape and other
peculiarities. This will lead to several combinations with
almost infinite in number of dental characteristics.
Page 6 of 16
IDENTIFICATION OF SKELETON
Points can be determined approximately:
Whether the remains are of human origin or not.
Whether the remains belong to single person or not.
Height.
a. Actual measurement of the skeleton.
b. W & he living
stature of long bones, whose animal matters have
disappeared and which are in a dry state.
c. ^ , '
Formulae for Reconstruction Of Stature From Lengths
of Dry Long Bones Without Cartilage).
d. Topinard and Rollet Formula used in determining
the height of males and females.
e. , d different height of bones for
different ages and their corresponding statures.
f. > d uses a coefficient for the
determination of height.
g. D &ormula based on length of tibia,
fibula, radius, and ulna for the determination of height.
h. Estimations of Total Foetal Length from One or More
Bones.
Sex.
a. Pelvis
b. Skull
c. Sternum
d. Femur
e. Humerus
Race.
a. Extrinsic Factors
x Color of the skin
x Facial features
x Nature of the hair
x Mode of dressing
b. Indices
x Skull
x Pelvis
x Extremities
Age.
a. Appearance of Ossification Centers
b. Union of Bones an Epiphyses
c. Dental Identification
d. Obliteration of Cranial Sutures
Length of interment or length of time from date of death.
Presence or absence of ante-mortem or post-mortem bone
injuries.
Congenital deformities and acquired injuries on the hard
tissues causing permanent deformities.
DETERMINATION OF SEX
Legal Importance of Sex Determination
As an aid in identification.
To determine whether an individual can exercise certain
obligations vested by law to one sex only.
Marriage or the union of a man and a woman.
Rights granted by law are different to different sexes.
There are certain crimes wherein a specific sex can only be
the offender or victim.
DETERMINATION OF AGE
Legal Importance of Determination of Age
As in aid in identification.
Determination of criminal liability.
Determination of right of suffrage.
Determination whether a person can exercise civil rights.
Determination of the capacity to contract marriage.
As a requisite to certain crimes.
Physical Examinations
Solubility test
Heat test
Luminescence
Chemical Examinations
Saline extract of the blood stain + ammonia = brownish
tinge (due to formation of alkaline hematin)
Benzidine test: White filter paper is pressed on the stain.
Benzidine is dropped on the paper, followed by hydrogen
peroxide. (+) result: blue color
Guaiacum test: White filter paper is pressed on the stain.
Guaiacum is added, then hydrogen peroxide or ozonic ether
is applied by drops. If (+) with blood: blue color
Phenolphthalein test: tests the presence of oxidase. Kestle-
D
the stain, left for 10 secs. (+) result: pink after addition of
hydrogen peroxide.
Leucomalachite green test: (+) result: bluish-green or
peacock blue color.
Microscopic Examinations
Page 7 of 16
Micro-Chemical Examinations
Hemochromogen crystal or Takayama test
Fragment of suspected material is placed on a glass slide
hemochromogen reagent is added slide is heated
examined under the microscope.
(+) result: salmon pink to dark brown crystals, irregular
rhoimboids or in clusters.
d,
A drop of water with trace of sodium chloride is added to
the fragments which are placed on a slide Glacial
acetic acid is added and evaporated.
(+) result: dark brown rhombic prisms. Considered to be
the best test.
Acetone-haemin of Wagenhaar test
Particle on a glass slide (needle is intersposed to prevent
direct contact between slide and cover slip) Drop of
acetone is added oxalic or acetic acid is then added.
(+) result: small, dark, dichroic acicular acetone-haemin
crystals
Spectroscopic Examinations
From fresh blood stains (Oxyhemoglobin, Hemoglobin, and
Reduced hematin or hemochrogen)
From older stains (Methemoglobin, Alkaline hematin,
Hematoporphyrin, and Reduced hematin)
Other blood preparations (Acid hematin, Alkaline hematin,
Carboxyhemoglobin, and Hematin)
Biologic Examinations
Precipitin test - test if human or not
Blood grouping
PATERNITY
W,)
HLA paternity test -97% accurate (P60,000)
If they cannot afford -
EXCEPTION:
If there are so many corroborative evidences that it is
the only time the accused may be charged guilty
without any direct evidence. That is why it is so hard to
convict an accused in a crime of rape; generally, there
are only 2 witnesses in the crime. (the victim and the
offender)
Example: Kobe Bryant defense: consensual sex
TIP: (for the males) Always get a love letter first to
prove that sex was consensual. -
KINDS OF IMPRESSION
&KZ/Es/dZK&Zd/>/d/KE
Both parties (partners - husband and wife) must sign a consent
If without consent, the child is illegitimate
Page 8 of 16
Personal circumstances
Date
I hereby certify that _____ was personally seen and
of ____________. Clinical Impression is ____________.I
have prescribed ______ and advised patient to rest for
_________days/weeks.
This medical certicate is issued for _______ purpose
only and not intended for medicolegal/court use.
(sgd)
NATURE OF INJURIES:
Stab wound same as
incised wound, but
manner is penetrating.
Example: Bolo ni
Rambo can appear
as Lacerated wound
(Bolo
with
serrations)
MEDICOLEGAL REPORT
In reporting, do not add what is not there and do not remove
what is there.
d
Form of Documentation
Personal circumstances: name, age, civil status, sex,
address, occupation
Inpatient, outpatient, ER, clinic
ALLEGED (because history is taken form the patient; in case
that the patient is not telling the truth) place, date, time of
infliction
Nature
Date and time of examination (important in the
determination whether injuries are compatible / consistent
with the date and time of infliction)
Vital signs
Level of consciousness and coherence
Degree of ambulation
General appearance
Nature
Shape
Measurement
Anatomical location
Example: Ax,
samurai, etc
bolo,
Contusion/Bruise (pasa)
extravasation of blood into
the surrounding tissues
because of damage to blood
vessels. Can be sustained
when a blunt object is
applied to the body and the
skin did not break
Shape, color (blue-brown-green-yellow)
Ecchymosis, petechiae
Tender
TYPES:
OPEN there is breakage of skin (Example: open fracture)
Abrasion skin comes in contact with a rough surface,
Laceration force of a blunt object. Edges are irregular
Example: Pinalo ng martilyo, boxers
wound during a boxing match)
Incision sharp edged object causing it to break. Edges are
clean & regular, manner is Example:
nahiwa ng kutsilyo)
Puncture from a sharp, pointed object (icepicks, ballpens,
screwdrivers)
Important Points:
Point of entry vs.
Point of exit
Products of
combustion
Tattooing /
smudging /
singeing
Contusion collar
Page 9 of 16
Burn Injury
Hesitation cuts
Have to note if these are self inflicted or defense wounds
Defense Wounds
-- describe it as it is
Contact Burns
Pattern of wounds - one look and you already know
what caused the injury
-
th
attendance or shall incapacitate the patient from performing his
habitual work for a period of not less than ______ days but not
Page 10 of 16
VIRGINITY
2 KINDS:
MORAL
One who does not know the sex act
One who have not experienced sexual relations
Children below the age of puberty, and whose sex organs
and secondary characterstics not yet developed
PHYSICAL
Woman is conscious of the nature of sexual life but have not yet
experienced sexual intercourse.
TRUE PHYSICAL VIRGINITY
- Woman is virgin, hymen is intact, inserting the smallest
finger can evoke pain
- Hymen edges are distict and regular, with a small
opening barely admitting the tip of the smallest finger
even if the thighs are separated.
FALSE PHYSICAL VIRGINITY
- Same as true virgin, but vaginal canal is lax, with less
degree of resistance (Example: Can accommodate at
least 2 fingers)
- May have previous sexual relations
DEMI-VIRGIN
Permits partner of all sexual acts as long as they abstain from
rupturing the hymen
May have other forms of sexual abuses for their mutual
satisfaction but not to the extent of rupturing the hymen
VIRGO INTACTA
Truly virtuous woman
Woman who had isolated sexual intercourses or even habitually,
provided she had not born a child
KINDS OF LACERATIONS:
INCOMPLETE does not involve the whole width or height of the
hymen
Superficial: laceration does not reach of the whole width
of the hymen
Deep: laceration reaches of the width of the hymen, but
does not reach the base
COMPLETE laceration which involves the whole width, but
does not reach the base
COMPLICATED - not only the hymen is lacerated, but also the
surrounding structures (perineum, vaginal canal, urethra or
rectum)
CRIMES OF CHASTITY
- Private crimes
- Only the victim has the right to file a complaint to the exclusion
of others, unless the victim is a minor or a retardate.
- Rape, seduction, adultery concubinage, acts of lasciviousness,
abduction
RAPE
Man having carnal knowledge with a woman with the use of
force, intimidation, deprived of reason; when the woman is
unconscious, sleeping
When the woman is under 12 years old even though neither of
the circumstances mentioned in the two next preceding
paragraphs shall be present
CARNAL KNOWLEDGE
Act of a man having a sexual connection with a
woman. There is carnal knowledge of there is the
slightest penetration of the sexual organ of the female
by the sexual organ of the male.
Page 11 of 16
ACTS OF LASCIVIOUSNESS
Touching of private parts with an attempt to lay
If touching private parts just to annoy, is it not acts of
lasciviousness, but UNJUST VEXATION. (Penalty: P100)
You have to prove the intention for it to be classified as acts of
lasciviousness.
Lascivious acts are conducts which tend to excite lust or
produce voluptuous or lewd emotion
QUALIFIED SEDUCTION
The seduction of a 12-18 year old committed by any person in
public authority, priest, house-servant, domestic, guardian,
teacher or any person shall be entrusted the education or
custody of the woman seduced
REQUISITES:
The virginity of the offended party
Age of the offended party must be 12-18 y/o
SEDUCTION
Man having unlawful sexual intercourse with a woman; having
an affair, sex is consensual
(*** Sexual intercourse: both man and woman)
Only a man can be charged of seduction, and only a woman can
file a case of seduction
SIMPLE SEDUCTION
Woman not necessarily a virgin, 12-18 years old, single or a
widow of good reputation and was committed by deceit
ABDUCTION
FORCIBLE ABDUCTION
Taking away of a woman with lewd design
LEWD DESIGN
Desire to have sex with a woman. The intent to seduce
is sufficient sexual intercourse is not necessary to
convict the abductor.
REQUISITES:
Person abducted must be a woman
Abduction is against her will
There must be lewd designs
CONSENTED ABDUCTION
Abduction of a virgin 12-18 years old, carried out with her
consent and with lewd designs
d
Filed by the parents of the daughter against the boyfriend
ADULTERY
Married woman having sex with a man other than her husband,
and by the man who has carnal knowledge of her, knowing her
to be married.
Who can be charged?: married woman and her lover
/
ma
CONCUBINAGE
Page 12 of 16
CORRUPTION OF MINORS
A person who habitually or with abuse of authority or confidence
promote or facilitate the prostitution or the corruption of
persons under age to satisfy the lust of another
BUGGERY
A form of sexual perversion wherein a person obtains sexual
gratification with animals of by means of the anus of
human beings
- Sodomy through anus of human being
- Bestiality gratification is by means of sexual relations
with animals :}
- Pederastia the passive role is played by a boy -
PEDOPHILIA
Has sexual or erotic love for children
Engages sexual contact with child of either sex
TRIBADISM or LESBIANISM
Woman has sexual intercourse with another woman
As a result of curiosity or sex experimentation
Some lesbians have antipathy towards men
FETISHISM
Found in the male only
Objects such as female clothing or part of the female body
as the sole power to arouse sexual feeling or produce
orgasm
TRANSVERTISM
Perversion among males who find sexual pleasure in
wearing female apparel
Sometimes found in women who desire to dress in male
attire
A transvestite has a psychic identification with the opposite
sex. (Example: A female transvestite believes she has a
penis)
they have no desire to
harm anyone, only interested in attracting attention. -
ALGOLAGNIA
Abnormal and distorted activity of sexual impulse towards
the opposite sex with pain as the source of sexual stimulus
Flagellation is the sexual deviation associated with the act
of whipping or being whipped.
FELLATIO or IRRUMATION
Female agent receiving a penis of a man into her mouth and
by friction with the lips and tongue coupled with the act of
sucking initiate orgasm
Compatible with a normal individual, and may not be
considered as a sexual abnormality
CUNNILINGUS
Sexual gratification is attained by licking or sucking the
external female genitalia
Also not considered as a sexual abnormality
Accessory form of sexual excitation, except when associated
with other forms of abnormalities
FROTTAGE
Compulsive desire to rub against some part of the body of
another, generally the opposite sex
Often pretend that rubbing is accidental (Example: In
crowded trains, buses, etc)
PARTIALISM
Person has a special affinity to a certain part of the female
anatomy
Sexual intercourse is usually secondary to satisfy his sexual
desire
TROILISM
Three persons participate in the sexual act (aka mnage a
trois)
Two men and a woman; two women and a man
PLURALISM
Group of people participate in sexual orgies
VOYEURISM
Compulsion to peep for the purpose of seeing persons
undress or engage in sexual relation
MIXOSCOPIA
Sexual pleasure is attained by watching a couple in the act
of sexual intercourse
COPROLALIA
The need to use obscene language to obtain sexual
excitement
By writing on walls of toilets or by exclaiming profane words
or obscene expressions
UROLAGNIA
Sexual excitement is associated with the act of urination.
May have the desire to drink the urine of the sexual partner
COPROPHILIA
Sexual excitement is associated in the act of defecating
DON JUANISM
Characterized by sexual promiscuity and make seduction of
many women as a career
Usually, they cannot find their ideal woman in their life. /
NECROPHILIA
-
Erotic desire or actual sexual intercourse with a corpse
(Think about Anatomy gross laboratory)
ANILINGUS
Sexual excitement is associated with licking the anus of
another person of either sex
Page 13 of 16
PYGMALIONISM
Sexual desire with a statue or statues
c.
d.
Combustion collar
Smudging
NARCISSISM
Sexual gratification is attained by looking at the mirror and
appreciating his own self :}
MISCELLANEOUS
DISGUISED WRITING
Deliberate attempt on the part of the writer to alter his writing
habit by endeavouring to invent a new writing style or imitation
the writing of another person.
Example: writing an anonymous love letter, death threats
to professors
Forged signature/writing: done slowly
How to know if a handwriting or signature is forged or
spurious: take pictures, magnify it 1000x. Original: only one
stroke, thick and dark
Forged: light
PARAFFIN TEST
Results only presumptive
Do in the DORSUM of the hand
Must be done within 3 days
False (+) smoker, shooting range
False (-) shooter wore gloves, used vinegar to remove debris?,
excessive handwashing, testing days after shooting
PARICIDE
killing of spouse, ascendants/descendants (whether legal or
illegal)
Greetings to:
9 El Maestro Miko Ramoso
9 MR. Gerald Libranda na ayaw maniwala na may legal
med trans
9 My study buddies sa Mini Stop.
9 UERM Red Cross members
Page 14 of 16
16. That kind of evidence necessary for conviction which proves the
fact in dispute without the aid of any inference of presumption
and which correspond to precise or actual point at issue:
a. Circumstantial evidence
b. Direct evidence
c. Preponderance of evidence
d. Documentary evidence
17. Reasons for the inadmissibility to the court on the result of Lie
Detector Examination are the following EXCEPT:
a. Polygraph techniques are still in the experimental stage.
b. There is no way to assure that a qualified examiner
administered the test.
c. The test cannot be relied upon because of many errors.
d. A person may unwillingly waive his/her right against self-
incrimination.
e. The test has gained a degree of development beyond
experimental stage.
18. Increases of lactic acid, phosphoric acid, and the reaction become
acidic in the muscles after death is found in
a. Postmortem rigidity
b. Cadaveric rigidity
c. AOTA
d. NOTA
21. In a fight, a man received a kick which damaged the right testis
and required its surgical removal. The offender may be held liable
for:
a. Less serious physical injury
b. Serious physical injury
c. Mutilation
d. Frustrated homicide
31. Reasons for the inadmissibility to the court of the result of lie
detector examination:
a. Polygraph technique are still in the experimental stage
b. There is no way to assure that a qualified examiner
administered the test
c. The test cannot be relied upon because of many errors
d. All of the above
Page 15 of 16
a.
b.
c.
d.
e.
Confession
Admission
Interrogation
AOTA
NOTA
d.
34. The following are the different types of Physical Evidence EXCEPT:
a. Corpus delicti evidence
b. Documentary evidence
c. Associative evidence
d. Tracing evidence
47. A person lost one eye after being physically assaulted. The
offender is liable for:
a. Mutilation
b. Slight physical injury
c. Less serious physical injury
d. Serious physical injury
AS REQUESTED by *****.
38. Presidential Decree No. 169 mandates all physicians to report all
cases involving:
a. Slight and less serious physical injuries
b. Less serious and serious physical injuries
c. Mutilation
d. Child abuse
41. The odds in two persons having the same set of fingerprints is:
a. 1 to 64,000
b. 1 to 64 million
c. 1 to 64 billion
d. 1 to 64 trillion
Bonus!!
Page 16 of 16