Professional Documents
Culture Documents
Medical Evidence
Evidence-means, sanctioned by these rules, of ascertaining in a
judicial proceeding the truth respecting a matter of
fact.
Admissibility of evidence- evidence is admissible when it is
relevant and is not excluded by law or these rules
Relevancy of evidence; collateral matters
-evidence must have such a relation to the
fact in issue as to induce belief in its
existence or non-existence; evidence on
collateral matters shall not be allowed,
except when it tends in any reasonable
degree to establish the probability or
improbability of the fact in issue
Preservation of Evidence
-to maintain their value when presented
in court
Methods of preserving evidence:
1.photographs, audio &/ video tape,
microfilm, photostat, etc.
2.sketching-rough, finished
3.description-needs keen observation and a good power of
attention,
perception, intelligence and experience
-must cause a vivid impression on the mind of
the reader
a true picture of the thing described
a)skin lesion-type, measurement, location, other
information
b)wound-type, measurement, location, other
information
c)hymenal laceration-location, degree, location,
duration, other info.
d)person
4.Manikin method
5.Preservation in the mind of the witness
6.Special methods-embalming, etc.
Supplementary tests
1.Peak-of-tension test
-subject not yet informed of the details of the crime
2.Guilt complex test
-used when response to relevant and control questions are
similar in degree
and consistency and examiner cannot det. if subject is
telling the truth/not
Hypnosis
-alteration of consciousness and concentration in which the
subject manifests a heightened of suggestibility while awareness
is maintained
-may be used as a discovery procedure
Observation
Physiological and Psychological S/S of Guilt:
1.sweating-with flushed face indicates
anger, embarrassment or
extreme nervousness
-with pale face may indicate
shock or fear
-sweating hands-tension
2.color change-flushed face-anger, embarrassment, shame
-pale face-guilt
3.dryness of mouth-nervous tension
4.excessive activity of the Adams apple-nervous tension
5.fidgeting-nervous tension
6.peculiar feeling inside-troubled conscience
7.swearing to the truthfulness of his assertion
8.spotless past record
9.inability to look at the investigator straight n the eye
10.not that I remember expression
Scientific Interrogation
Sec.20, A.IV, Bill of Rights, Constitution
-No person shall be compelled to be a
witness against himself. Any person under
investigation for the commission of an
offense shall have the right to remain
silent and to counsel, and be informed of
such right. No force, violence, threat,
intimidation. or any other means which vitiates the free
will shall be used against him.
Some Techniques of Interrogation:
1.emotinal appeal
2.Mutt and Jeff technique
3.bluff on split-pair technique
4.stern approach
5.the subject is given the opportunity to make a lengthy
narration
Confession
-Sec.33, R130,ROC-the declaration of an
accused acknowledging his guilt of the
offense charged, or of any offense
necessarily included therein, may be given
in evidence against him.
Admission
-Sec.25,R130,ROC-the act, declaration or
omission of a party as to a relevant fact may
be given in evidence against him.
Kinds of Confession:
1.extra-judicial confession-made outside of the court
2.judicial confession-made in court
Tokyo declaration-guidelines to be observed by physicians
concerning torture and
cruel, inhuman and degrading treatment in
relation to detention
Fingerprinting
-most valuable method of identification bec.-
a)there are no 2 identical fingerprints-the chances of 2
fingerprints
being the same are calculated to be 1 to 64,000,000,000
b)fingerprints are not changeable-fingerprints are formed in
4th mo. of fetal life
Uses of fingerprints:
1.help establish the identity of unknown or
missing or dead persons
2.associate a person or weapon to the crime
3.comparative purposes and knowledge of
previous criminal records
4.among illiterates, right thumbprint is a
substitute for signature on legal document
Dental Identification
Reasons for importance of dental identification:
1.There is remote possibility that 2 persons have the same
dentition.
2.The enamel of the teeth is the hardest substance of the
body.
Handwriting
Uses of handwriting examination:
1.financial crimes-bogus checks, credit card fraud,
embezzlement
2.death investigation-suicide note, hotel registration card
3.robberies-pawnshop notes, cashing of
stolen checks
4.kidnapping with ransom-demand note,
threatening letter
5.anonymous threatening letter
6.falsification of documents
Purpose of handwriting examination:
1.whether the document was written by the suspect
2.whether the document was written by the person whose
signature it bears
3.whether the writing contains additions and deletions
4.whether the document such as bills, receipts, suicide notes or
checks
are genuine or a forgery
Height
-actual length of skeleton add 1-1 in. for soft tissues
-Pearsons formula, etc.
Determination of Age
Legal Importance of Determination of Age:
1.aid in identification
2.determination of criminal liability
3.determination of right of suffrage
4.determination whether person can
exercise civil rights
5.determination of capacity to contract marriage
6.as requisite to certain crimes
Determination of the age of the fetus:
1.Hesss and Haases rule
2.exam of the product of conception
Age determination during infancy
1.height and weight
2.physical characteristics of infant
Determination of Age
Legal Importance of Determination of Age:
1.aid in identification
2.determination of criminal liability
3.determination of right of suffrage
4.determination whether person can
exercise civil rights
5.determination of capacity to contract marriage
6.as requisite to certain crimes
Determination of the age of the fetus:
1.Hesss and Haases rule
2.exam of the product of conception
Age determination during infancy
1.height and weight
2.physical characteristics of infant