Professional Documents
Culture Documents
1|FERIL
III. HYPNOSIS
MEDICO-LEGAL ASPECTS OF PHYSICAL
WHY HYPNOSIS IS INADMISSIBLE INJURIES
IN COURT
- It lacks the general scientific acceptance
of reliability PHYSICAL INJURIES
- The judge may give it uncritical and -The effect of some form of stimulus on the
absolute reliability body from within or without
- The hypnotized subject may *Real when the effect is visible
deliberately fabricate *Apparent when stimulus is not enough
- The subject may be in a state of
“heightened suggestibility” VITAL REACTIONS
- The state of mind, skill and rubor
professionalism of the examiner are too calor
subjective dolor
function laizza
IV. OBSERVATION
CLASSIFICATION OF WOUNDS
PSYCHOLOGICAL AND PHYSIOLOGICAL
SIGNS AND SYMPTOMS OF GUILT A. AS TO SEVERITY
Sweating 1. Mortal- brain, heart, lungs, big vessels,
Color change upper spinal cord, stomach, liver,
Excessive activity of the Adam’s apple spleen, intestines
Fidgeting 2. Non-mortal- those injuries which are
Inability to look “eye to eye” not capable of producing death
steepling immediately or shortly thereafter
Peculiar feeling inside
Swearing B. AS TO KIND OF INSTRUMENT USED
Spotless past record
“not that I remember’ 1. BLUNT INSTRUMENT
Contusion
SCIENTIFIC INTERROGATION Hematoma
Mutt and Jeff technique Laceration
Split-Pair technique
2. SHARP INSTRUMENTS
CONFESSION Sharp-edged: INCISED WOUND
Sharp-pointed: PUNCTURED
WOUND
Sharp-edged-pointed: STAB
WOUND
Note:
Change of atmospheric pressure
(BAROTRAUMA)
Tearing force (LACERATED WOUNDS)
Heat or cold (BURNS, SCALD, FROSTBITES)
Chemical explosion (GUNSHOT or SHRAPNEL)
Infection
2|FERIL
C. AS TO THE MANNER OF INFLICTION 2. DEFENSE WOUNDS
Hit - wounds sustained by the victim while
Gunpowder parrying the thrusts of the assailant in
Explosion an attempt to defend himself
Thrust - always found on the extremities of the
Stab victim
Sliding
Rubbing 3. HESITATION CUTS or TEST CUTS
Abrasion - found commonly among suicide victims.
- usually found on the area where the
D. AS TO THE DEPTH OF THE WOUND mortal cut is located
Superficial
Deep: penetrating, perforating 4. SELF-INFLICTED WOUNDS (MOTIVES)
- To create or deliberately magnify an
E. AS TO THE SITE OF APPLICATION OF existing injury or disease for pension or
FORCE IN RELATION TO LOCATION OF workmen’s compensation
INJURY - To escape certain obligations or
Coup punishment
Contre coup - To create a new identity or destroy
Coup-contre-coup existing one
Locus minoris resistencia - To gain attention or sympathy
Extensive injuries - Psychotic behavior
3|FERIL
B. ART. 263: SERIOUS PHYSICAL INJURIES E. ART. 266: SLIGHT PHYSICAL INJURIES
-By WOUNDING, BEATING or ASSAULTING AND MALTREATMENT
another, if in consequence, the injured: -By inflicting physical injuries which shall
1. Shall become insane, imbecile, incapacitate the offended party for labor
impotent or blind; from one to nine days, or shall require
2. Shall have lost the use of speech, or the medical attendance for the same period;
power to hear or to smell, or shall have -By inflicting injuries which do not prevent
lost an eye, a hand, a foot, an arm or a the offended party from work nor require
leg or shall have lost the use of any such medical attendance;
member, or shall have become -By ill-treating another by deed without
incapacitated for work in which he was causing injury
theretofore habitually engaged;
3. Shall have become deformed, or shall
have lost any other part of his body,
or shall have lost the use thereof, or
MEDICO-LEGAL ASPECTS OF DEATH
shall have been ill or incapacitated
for the performance of the work in HISTORY
which he was habitually engaged for a -Black’s Dictionary
period of more than ninety (90) days; Thomas vs. Anderson
4. Shall have caused the illness or Smith vs. Smith
incapacity for labor of the injured -London: Christian Barnard; world’s first
person for more than thirty (30) days. successful heart transplant
-Brain death
C. ART. 264: ADMINISTERING INJURIOUS -Philadelphia Protocol; Ottawa Gen. Hospital;
SUBSTANCES OR BEVERAGES French Council Of Ministers
-Any person who without intent to kill, shall
inflict upon another: *Smith vs. Smith
1. any serious physical injury Arguendo: Since Mrs. Smith was in a state of
2. by knowingly administering any irreversible coma from day one, she might as
injurious substance or beverage well be declared as having died simultaneously
3. by taking advantage of the victim’s with Mr.Smith
weakness of mind or credulity Held: a person, though unconscious, if
breathing, is still alive!
D. ART. 265: LESS SERIOUS PHYSICAL
INJURIES DEFINITION
-Shall incapacitate the offended party for -the ceasing to exist
labor ten (10) days or more or shall require -the ceasing to exist of such animal and
medical attendance for the same vegetative functions of a human being
period
-Qualified if the injuries shall have been MEDICAL DEATH
inflicted with manifest intent to insult or continuing process
offend the injured person, or under the ceasing to exist of such animal and
circumstances adding ignominy to the vegetative functions
offense; or the victim is the offender’s concerns of post-mortem care
parents, ascendants, guardians, curators or
teachers, or a person of rank or in authority LEGAL DEATH
precise event
4|FERIL
civil personality is extinguished by When there is a degree of probability
death (Art. 42, NCC) amounting to almost certainty as to the
concerns of Succession cause of death
When cause of death is established
THE PHILADELPHIA PROTOCOL primarily by historical facts which are
confirmed by anatomic or chemical
findings
When neither history nor clinical
findings is sufficient to determine the
cause but merely allows us to speculate
5|FERIL
Homicidal Note: Did the victim die of a natural cause
Infanticidal independent of the violence inflicted?
Tumultuous affray The accused will not be held responsible for the
Exceptional circumstances death but merely for the physical injuries he
inflicted.
CLASSIFICATION OF DEATH
Violent THE ORGAN DONATION ACT OF 1991
Natural
THE “LIVING WILL”
DEATHS OF MEDICO-LEGAL CONCERN - may be executed by any person 18 yrs
Violent or over with a sound mind. If under 18,
Accidental must be with parental consent or by the
Suspicious next-of-kin in the order of hierarchy
Undetermined called the “LEGAL SURROGATE”
Suicidal - binding as a mandatory directive
Unattended written in a PUBLIC INSTRUMENT,
unless there is actual notice of
VIOLENT DEATHS contrary intention
- those due to injuries inflicted in the - RECIPIENTS: any specified individual,
body by some forms of outside force hospital or organ bank
- the physical injury must be the
IMMEDIATE or PROXIMATE cause of Let not ambition mock their useful toil
death Their homely joys and destiny obscure
Nor grandeur scorn with a disdainful smile
- ELEMENTS: The short and simple annals of the poor
1. That the victim at the time of infliction The boast of heraldy the pomp of power
was healthy. And all that beauty, all that wealth e’er gave
2. That death may be expected from the Await alike the inevitable hour,
The paths of glory lead but to the grave!
physical injuries. -Thomas Gray
3. That death ensued within a reasonable
time.
6|FERIL
- onset at 3-6 hrs after death, completed - LIVOR MORTIS; Post-mortem
at 12 hrs and lasts for 24-48 hrs Suggilation; Post-mortem Hypostasis;
- begins at the muscles of the neck and LIVIDITY
jaw, spreads to the chest, arms and legs - Accumulation in the most dependent
- all muscles are involved part of the body due to coalescence of
- results from gelling of the muscle capillaries resulting in a dull red or
proteins after glycolysis and atp purplish color of the skin
metabolism
- increase in lactic acid and phosphoric LIVOR MORTIS
contents of the muscles - Onset: 3-6 hrs
- duration is relative to onset - Useful in determining if body has been
moved after death
3. CADAVERIC SPASM - May also be a good determinant of time
- Appears immediately after death of death
involving only a certain group of - TYPES:
muscles. HYPOSTATIC (movable)
- Results from extreme nervous tension DIFFUSION (permanent)
prior to death such as salvage or
suicide. ANTE-MORTEM CLOT POST-MORTEM CLOT
- Explains why some suicide victims are Firm Soft
found grasping the knife or gun used in inconsistency Surface smooth
committing suicide Blood vessel and healthy
surface raw after Can be stripped
removal of clot off in layers
RIGOR MORTIS vs. CADAVERIC SPASM Homogenous and Clot with distinct
ONSET at 3-6 hrs. AD immediately cannot be layers
AD stripped into
layers
Clot with uniform
INVOLVEMENT all muscles certain color
group of
muscles
PUTREFACTION
CHANGES IN THE BLOOD - Breakdown of complex proteins into
- coagulation simpler components
accelerated in infectious fevers - Greenish discoloration on the right iliac
delayed in asphyxia and opium, cyanide fossa followed by rapid spread
or carbon monoxide poisoning - Generalized swelling
7|FERIL
EFFECTS OF PRESSURE OF GASES SCHOURUP’S FORMULA:
OF PUTREFACTION
Displacement of blood 36 – T + antilog, L.A. + NPN – 15 + A.A. – 1
Fluid coming out of nostrils and 180 16.7 7.35
mouth ______________________________
Bloating 4
Floating
Extrusion of the fetus in a gravid uterus T = temperature
1 = axillary temperature
MUMMIFICATION NPN = non-protein nitrogen
- body becomes dry, dark brown and L.A. = lactic acid
- brittle due to long exposure to warm A.A. = amino acis
and dry environment
ALGOR MORTIS
ADIPOCERE FORMATION - “Cooling of the Body”
- fatty tissues are replaced with white - begins after metabolism has ceased and
greasy products due to hydrolysis of no more heat is produced
fats forming fatty acids and soap - body loses heat by evaporation or
conduction resulting in progressive fall
SKELETONIZATION of temperature
- the soft tissues begin to liquefy and are - rapid on the first 2 hrs then slows down
consumed by bacteria and scavengers
leaving behind only the bony structures (NORMAL TEMP.) 98.4 – (RECTAL TEMP.)
1.5
TIYANAKAZATION = approximate number of hours after death
8|FERIL
72 hrs. Note: Executor’s Right of Custody is superior to
whole body grossly swollen and the Right of the Spouse and will likewise prevail
disfigured over the Administrative Code
hair and nails loose Cases:
tissues soft and discolored “Resurrection Men”
Philips vs. Montreal Hosp.
One week Hunter vs. Hunter
soft viscera putrefied
PRESERVATION and DISPOSAL
Two weeks Embalming
resistant viscera distinguishable Cremation
soft tissues largely gone Burial or
Inhumation
One month Open sea disposal
beginning skeletonization Scientific purpose
2 to 3 months EMBALMING
complete skeletonization - 6-8 qtz of Formalin and perchloride of
Mercury or Arsenic
- Alcohol
DISPOSAL OF DEAD BODY - Glycerine
- Vaseline paint or Plaster of Paris
Sec. 1103, Revised Administrative Code - Common carotid and femoral arteries
PERSONS CHARGED WITH DUTY OF BURIAL
MARRIED- spouse BURIAL OR INHUMATION
UNMARRIED- nearest kin - body must be buried within 48 hrs.
NO KINDRED WITH SUFFICIENT MEANS after death (sec. 1092, RAC)
TO DEFRAY EXPENSES- municipal - communicable disease (12 hrs)
authorities - unembalmed
- lapse of such period will require a new
RIGHT OF CUSTODY permit for interment, burial or
EXCEPTIONS: cremation
- when an inquest is required by law - exceptions:
- death due to or accompanied by a when it is still a subject matter of
dangerous communicable disease investigation
- such body shall, until buried, remain in when specifically authorized by the
the custody of the: local health
Investigating agency impliedly when the body is
Local Board of Health embalmed
Local Health Officer
Municipal Council DEATH CERTIFICATE
Sec. 1087, RAC— who shall issue:
CONCEPT OF POSSESSION - attending physician
owner - local health officer
holder - any physician
- -mayor
- -secretary
- -councilor
9|FERIL
ON VIOLENT DEATHS - Duty and right to make arrangements
Sec 1089 RAC— to determine the for the funeral shall be in accordance
circumstances and nature of death with the order established in support
Justice of the Peace under Art. 294
Auxiliary Justice
Municipal Mayor Art. 294
Spouse
But permission for burial may only be granted Descendant
by: Ascendant
Provincial Fiscal Brothers and Sisters
Municipal Mayor
Art. 306
ON DANGEROUS COMMUNICABLE DISEASES - Every funeral shall be in keeping with
Sec. 1094 RAC the social position of the deceased
Wake site to burial ground
Body and house should be thoroughly Art. 307
disinfected - shall be in accordance with the wishes
Burial within 12 hours of the deceased or his religious belief or
Sexton should have permit from the affiliation
municipal secretary
Sealed tomb and casket Art. 309
Graves shall be dug with a depth of 1½ - material or moral damages for those
meters and filled who disrespect the dead or interferes
with the funeral
OTHER BURIAL REQUIREMENTS
- Shipments and remains abroad shall be CRIMINAL ACTS IN VIOLATION OF FUNERALS
governed by the R & R of the BUREAU Art. 132, RPC – Interruption of religious
OF QUARANTINE worship
- Burial of remains on municipal grounds Public officer or employee
shall not be prohibited on account of Qualified if aggravated by violence or
race, nationality or religion threat
- Except when under investigation or
permitted by the local health, NO Art. 133, RPC – Offending the religious feeling
unembalmed remains shall remain - Notoriously offensive acts in places
unburied longer than 48 hrs. devoted to religious worship or during
celebration of a religious ceremony
DESECRATION
…defaces, breaks or destroys any Art. 85, RPC
tomb - Unless claimed by his family, the corpse
ornament of the culprit, after a legal proceeding
gravestone subsequent to execution, shall be
memento turned over for scientific research…
memorial
plant Limitations to the Funeral Rites:
or remove any fence, paste or wall Will of the deceased
Those sentenced to death shall not be
FUNERALS buried with pomp
Art. 305, Civil Code
10 | F E R I L
DISPOSAL OF THE DEAD BODY IN THE SEA SEC. 98, CODE OF SANITATION
- May be willed by the deceased but NOT PRECAUTIONS FOR SAFE HANDLING OF
by the diseased CADAVERS CONTAINING RADIOACTIVE
- Sec. 1093, RAC: where death is not due ISOTOPES
to a dangerous communicable disease, Cadavers containing only traces of
a special permit may be issued for the radioactive isotopes
conveyance of the dead body to sea for Radiation Health Officer must be
burial in a manner prescribed by the notified
Municipal Board of Health and Pathologist and embalmer should be
governed by Marine Laws warned
Cadavers containing large amounts shall
CREMATION be labeled properly identifying the type
- Pulverization of the body into ashes by and amount of isotopes plus the date of
the application of extreme heat its administration
- 4 hrs. Normal burial procedures
- Strictly needs: Cremation without autopsy shall have
Permit Requirement no handling problems
Documentation of the
Identification of the deceased
- NOT GRANTED:
written will
STAB WOUNDS
exact identity unknown
dubious cause of death FEATURES OF A STAB WOUND
Character of the knife
USE OF THE BODY FOR SCIENTIFIC PURPOSE Relative position of the assailant to the
-Sec. 97, Code of Sanitation: Unclaimed remains victim
may be used by medical schools and scientific Width of the knife
institutions for studies and research… Length of the knife
-Sec. 1107, Revised Administrative Code:
Body of deceased which is to be buried at public
expense and which is unclaimed for 24 hrs after MAXIMS
death shall be subject to the disposition of the The length of the wound is the width of
DOH and may be devoted to the purposes of the knife
medical science and to the advancement and The length of the wound may be longer
promotion of medical knowledge and than the width of the knife but it could
information… never be shorter
In the presence of a HILT MARK, the
ART. 85. REVISED PENAL CODE depth of the wound is the length of the
CORPSE OF THE PERSON EXECUTED AND ITS knife
BURIAL In the absence of a hilt mark: “ I cannot
- Unless claimed by the family, the tell you how long is the knife but I can
corpse of the culprit shall, upon tell you how not short is the knife!”
completion of the legal proceedings
subsequent to the execution, be turned DEFENSE WOUNDS
over to the institute of learning or
scientific research first applying for it … HACKING
11 | F E R I L
without the operation, death is the
CUT-THROAT normal and direct consequence of the
injuries sustained.
SUICIDAL HOMICIDAL It must be shown that the physician
Oblique Horizontal treating the victim is competent and
Not so deep Deep that he exercised care and diligence.
Test or Defense That the wound inflicted must be the
Hesitation cuts wounds may direct and proximate cause of the
present be present death.
Facing a Lying on the
mirror ground
Cadaveric Weapon is
EFFECT OF NEGLIGENCE OF THE INJURED
spasm with usually absent PERSON
hand grasping or hidden If death occurred from complications
the weapon elsewhere arising from a simple injury owing to
Blood in front Blood at the the negligence of the injured person in
of the body, back of the its proper care and treatment, the
hands neck, hands offender is still held responsible.
smeared with are clean A person is not bound to seek medical
blood none attention for the injuries sustained.
SUICIDE NOTE History of
The fact that the victim would have
History of recent
mental altercation lived had he received treatment is
depression, usually immaterial!
domestic or following a
financial drinking spree
problem… No prior ASPHYXIA
Prior history of attempts on
self- his own life - The general term applied to all forms of
destruction Alcohol violent death which results from the
Stomach - interference with the process of
empty
respiration.
- The condition in which the supply of
oxygen to the blood or to the tissues
WHICH OF THE WOUND WAS INFLICTED FIRST?
has been reduced below normal level.
Relative position of the assailant to the
TYPES OF ASPHYXIAL DEATH
victim when the first injury was inflicted
Anoxic Death: failure of the arterial
Testimony of the witness
blood to become normally saturated
Trajectory or course of the wound
with oxygen
inside the body
Anemic-Anoxic Death: due to decreased
Organs involved and extent of injuries
capacity of the heart to carry oxygen
sustained by the victim
Stagnant Anoxic Death: brought about
Presence of defense wounds
by the failure of circulation
Histotoxic Anoxic Death: failure of the
EFFECT OF MEDICAL AND SURGICAL
cellular oxidative process
INTERVENTION
Offender may still be held liable for the
CLASSIFICATIONS OF ASPHYXIA
death of the victim if it can be proven
Hanging
that death is inevitable and that even
Strangling
12 | F E R I L
Drowning Manual Strangulation (butterfly
Suffocation mark) or Throttling
Traumatic or crush asphyxia Palmar Strangulation
Inhalation of irresponsible gases Garroting
Mugging or Strangle-hold
1. HANGING Stick Compression
2. STRANGULATION CHOKING
- by Ligature - impaction of foreign body in the
- RARELY suicidal respiratory passage such as:
- usually homicidal and accompanied by Vomitus
evidence of struggle or marks of Regurgitation from the stomach
violence Bolus of food (café’ coronary)
- other forms of strangulation: False teeth
Blood in oral operations
13 | F E R I L
Tuberculosis Cutis anserina or goose skin or
goose flesh
BURKING Firmly clenched hands with objects,
- BURKE and HARE weeds or stones
- Murderer sits or kneels on the chest Mouth closed or half-open with tongue
with one hand covering the mouth and protruding
nostrils of the victim. Physical injuries due to struggle
Penis and scrotum are retracted
4. ASPHYXIA BY DROWNING Washerwoman’s hands and feet
“SUBMERSION” Livid eyes, conjuctival injection and
- Nostrils and mouth are submerged in dilated pupils
water for some time to prevent the free
entrance of air into the air passage and Internal findings in Drowning:
the lungs Emphysema aquosum
- It is not necessary for the whole body to Edema aquosum
be submerged Champignon d’ ocume
- Children drown in “shallow” pools or Tracheo-bronchial congestion
ponds Fluid with bloody froth
- Drunks may drown in shallow creeks Right side of the heart is usually
distended
Phases of Drowning:
1. “Respiracion de Surprise” Conclusive findings in drowning:
2. 2Phase of resistance (first apnea) Foreign bodies in hands; cadaveric
3. Dyspneic phase spasm
4. Another apnea Emphysema Aquosum
5. Terminal respiration Edema Aquosum
Stomach contents: water or fluid,
Causes of Death in Drowning: corresponding to the medium where
TYPICAL: cause of death is asphyxia body was submerged
ATYPICAL Froth, foam or foreign body in the air
- cardiac inhibition due to vagal passage consistent with the medium
stimulation Water in the middle ear
- laryngeal spasm
submersion when unconscious Floating
Naked body floats after 24 hrs.
Time factor in drowning: Those with clothes or apparels take
1 min. - considered fatal more time
4 min. -possibility of “TETE DE NEGRI”
revival
2–3 min. - average time for death 5. COMPRESSION ASPHYXIA or
N.B. - the length of time for survival in TRAUMATIC OR CRUSH ASPHYXIA
drowning is proportional to the amount
of froth in the respiratory tract Causes:
landslide and masonry accidents
Post-mortem findings: highway accidents
Wet clothes, pale face with foreign rubble of collapsed buildings
bodies clinging on skin surface mine collapse and stampede
14 | F E R I L
INHALATION OF IRRESPIRABLE GASES - Hydrocyanic Acid
- Hydrogen Sulfide
1. CARBON MONOXIDE - Carbon Monoxide
- CARBONIC OXIDE PARALYSANTS or Nerve Gas
- “SILENT KILLER” - Anti-cholinesterase
- From incomplete combustion of carbon
fuel as in burning of wood, oil, coal, From the lost sea He rises,
kerosene, gasoline and charcoal Creating armies in every shore,
Turning men against their brothers,
- Limits oxygen carrying capacity of the Till Man exists no more.
blood due to its 250 X more affinity to - NOSTRADAMUS
hemoglobin
2. CARBON DIOXIDE
- product of respiration, complete
combustion and fermentation or
decomposition of organic matters
- found also in drainage pipes, deep
wells, sewage tanks
3. HYDROGEN SULFIDE
4. HYDROGEN CYANIDE
15 | F E R I L