Professional Documents
Culture Documents
CHONA S. UNDAG
HISTORY OF LEGAL MEDICINE
2980 B.C.: IMHOTEP: earliest medico-legal expert; chief physician and
architect of King Zoser of the third dynasty in Egypt; builder of the first
pyramid; first to record a report of a murder trial written on clay tablet
2200 B.C. CODE OF HAMMURABI: the oldest code of law, including
legislation on adultery, rape, incest, divorce, violence, and abortion
460-355 B.C. HIPPOCRATES: discussed the lethality of wounds in Greece.
384-322 B.C. ARISTOTLE: fixed animation of fetus at the 40th day after
conception
600 B.C. NUMA POMPILIUS: (In ROME) all women dying during
confinement should immediately be opened in order to save the child's life.
ANTISTIUS: was the first “Police Surgeon” or Forensic pathologist, who
conducted the autopsy of the dead body Julius Caesar.
483-565 B.C.JUSTINIAN: in his Digest, he made mentioned that a physician
is not an ordinary witness and that a physician gives judgment rather than
testimony. This lead to the reorganization of expert witness in court.
HISTORY OF LEGAL MEDICINE
1209 POPE INNOCENT III: issued an edict providing for appointment
of doctors to the court for determination of the nature of wounds.
1234 POPE GREGORY IX: the preparation of Nova Compilatio
Decretalium which concerns medical evidence, marriage, nullity,
impotence, delivery, caesarian section, legitimacy, sexual offenses,
crimes against person and witchcraft.
1584-1659 PAULUS ZACCHIAS: a Papal physician regarded as the
"Father of Forensic Medicine"; he published Questiones
Medico-
legales which deals with the legal aspects of wounds.
1598 SEVERIN PINEAU: he confirmed the existence of hymen and
that it may not rupture during sexual intercourse.
1787-1853 ORFILA: introduced the chemical method in toxicology. he
was then later considered as the founder of modern toxicology
MEDICAL JURIST
A physician who specializes or is involved primarily with
medico-legal duties
Also known as
Medical examiner
Medio-legal officer
Medico-legal expert
On December 23, 1975, PD 856 was promulgated and Sec. 95 provides:
Forms of Law
Lex Scripta - written or statutory law
Lex non Scripta - Unwritten or Common Law
Documentary
Whole body embalming
Soft tissues
Physical Blood
Types of Physical evidence Stains(blood/semen)
corpus delicti
poison
Kind of Witnesses
Expert witnesses – can give expert opinion based on science, art or trade.
Methods of Identification
comparison
exclusion
Ordinary Methods of Identification
(applicable to living persons only)
Characteristics which may easily be changed:
Growth of hairs
Clothing
Frequent place of visit
Grade of profession
Body ornamentations
Characteristics which may not easily be changed:
Mental memory
Speech
Gait
Ordinary Methods of Identification
Characteristics which may not easily be changed:
- Mannerism
Hands and Feet
Complexion
Changes in the eyes
Facies
Left- or –right-handedness
Degree of nutrition
Medico-legal Aspect of Identification
Points
of Identification applicable to both living and dead
before onset of decomposition
Occupational marks Injuries leaving
Race – Color of skin, shape of skull permanent result
Stature Moles
Teeth Scars
Tattoo Marks Tribal marks
Weight Sexual organ
Deformities Blood Group
Birth Marks Fingerprint
Extrinsic Factors in Identification
Ornamentations
Personal Belongings
Wearing Apparel
Foreign Bodies
Identification by close friends or relatives
Identification records on file at the police
department, immigration bureau, hospitals, etc.
Identification photograph
Gait Patterns
Is the series foot marks of a person by running or walking
Note: when the distance between the center points in two successive
heel prints of the two feet exceeds 40 inches- presumption the person is
running.
STATURE-
a person cease to increase in height after the age 25 yrs.
The growth of a person rarely exceeds 5 cm after the age of 18 yrs
The rate of growth is most active in the age of 5- 7 and 13-16 yrs of
age
TATTOO MARKS- introduction of coloring pigment in the layers of the
skins by multiple puncture
PORTRAIT PARLE (spoken picture) is verbal, accurate and pictures-que
description of the person identified
Ambidextrous- people can use their right hand and left hand with equal
skill
Bibliotics- is the science of handwriting
LIGHT AS FACTOR IN IDENTIFICATION
Clearest moonlight - person cannot be recognized at
greater distance of 16-17 yards
Starlight- not further than10-13 yards
1 16
32 17
Identification of the skeleton
The oval or round shape of the skull and the less
prominent lower jaw and nasal bone are
suggestive of human remains
Medico-legal Aspects of Death
DEATH - termination of life.
It is a complete cessation of all vital functions without possibility of
resuscitation and it is irreversible loss of the properties of living
matter.
TYPES OF DEATH
Psychic Death- the condition of death wherein the patient regresses, give up surrenders
accepting death prematurely and refuses to continue living.
Biological death- type of death characterized by the absence of cognitive function or
awareness, although artificial support system may maintain organs functioning.
Physiologic Death- type of death when all vital organs ceases to function.
Medico-legal Aspects of Death
Kinds of Death
Note:
normal temperature in a living person is 37 0
C or 98.4 0F.
150F or 20 0F is considered as death of the body.
Cold Stiffening – The stiffening of the body may be manifested when the body is
frozen due to the solidification of fat when the body is exposed to freezing temperature.
Cadaveric Spasm or
Instantaneous Rigor –occurs at
the moment of death due to
extreme nervous tension,
exhaustion and injury to the
nervous system or injury of the
chest.
Medico-legal Aspects of Death
c. Stage of secondary flaccidity
muscles do not respond to electrical stimulus. Onset of putrefaction,
dissolution of muscle proteins that have previously been coagulated.
External factors:
1. Air & moisture – sufficient air and moisture enhance putrefaction
2. Condition of type of soil – moist fertile soil enhance putrefaction
3. Presence of water
4. Clothing - prevents or delays putrefaction because it protects the body
from ravages of flies and other insects
5. Effect of coffin – delayed especially if it is airtight
6. Depth of burial – the deeper, the more delayed
7. Mass grave – faster putrefaction if 2 or more dead bodies are placed
Medico-legal Aspects of Death
FORMS OF PUTREFACTION:
1. MUMMIFICATION
– removal of body fluid before decomposition takes place
resulting to shrinking and preservation of the body. Dry, hot, sandy soil
with sufficient air, the body become dried and preserved.
Two Kinds
a. natural b. artificial
Medico-legal Aspects of Death
FORMS OF PUTREFACTION:
2. SAPONIFICATION ADIPOCERE FORMATION
4 YEARS:
A person on board a vessel who lost during a sea voyage or an
airplane which is missing who had not been heard
A person in military or armed forces who has taken part in war and
has been missing.
A person who has been danger of death under other circumstances
and his existence has not been known.
MEDICO-LEGAL INVESTIGATION OF DEATH
AUTOPSY – is a comprehensive study of a dead body, performed by a trained physician
employing recognized dissection procedure and technique, which includes removal of tissue
for further examination.
KINDS OF AUTOPSIES
Hospital or non-official autopsy –for the purposes:
Determining the cause of death
Providing correlation of clinical diagnosis
Determining the effectiveness therapy.
Studying the natural course of disease produced
Educating students and physicians
Medico-legal or official autopsy – purposes of:
Determining the case, manner and time of death.
Recovering, identifying essentially materials.
Providing interpretation and correlation of facts and circumstances related to death.
Providing a factual, objective medical report for law enforcement, prosecution and defense agencies.
Separating death due to disease from death, due to external case for protection of the innocent.
MEDICO-LEGAL INVESTIGATION OF DEATH
Average Weight of Individual Organs
Burial or Exhumation – the body must be buried within 48 hours after death.
(Sec. 1092 Revised Adm. Code) body has a communicable disease- 24 hours after death.
Disposing of the Dead body in the sea – dead body thrown over board in an open
sea provided that the deceased is not suffering from dangerous communicable disease.
(Sec. 1095 Revised Adm. Code)
Cremation – is the pulverization of the body into ashes by the application of heat.
Use of the body for scientific purposes (Sec. 97 P.D. 856 Code of Sanitation) & (Sec.
1107 RAC.)
DONATION OF PARTS OF HUMAN BODY
Permission to use human organ or portion of human body
for medical for medical or scientific purposes under certain
conditions. (R.A. No. 349 as amended by R.A. 1056)
EXHUMATION
The DECEASED buried may be raised or disinterred upon
the lawful order the
proper authorities and the body is exhumed for the
purpose of deforming post-mortem examination.
Period of exhumation
Nature of Death Time Exception
Died with After 5 years of Shorter period upon opinion of
communicable interment Secretary of Heath
disease
Without After 3 years of Shorter period upon opinion of
communicable interment Secretary of Heath
disease
Medico-Legal Aspect of Physical Injuries
Physical Injuries - effects of the application of stimulus to the body
The effect may only be apparent when the stimulus applied is insufficient to cause
injury and body resistance is great. It may be real when the effect is visible.
Causes of Physical Injuries
Physical Violence
Heat or cold
Electrical energy
Chemical energy
Radiation
Change in the atmospheric pressure
Note: Injuries brought about by physical violence - lead to production of wound
Wound - the solution of the natural continuity of tissue of the living body
Vital reaction - sum total of all reactions of tissue and organs for which activities of living cells
are necessary.
Defense wounds - result of instinctive reaction of self-protection
Medico-Legal Aspect of Physical Injuries
CLASSIFICATION OF WOUNDS
As to
Severity
Mortal wound – wound which is caused immediately
after infliction or shortly there after that is capable of
causing death.
Depth of Wound
Superficial when involved only layer of the skin.
Deep involved structure beyond the layer of skin and either penetrating or perforating.
Medico-Legal Aspect of Physical Injuries
As regards the relation of the site of the application of force and location of injury
Coup injury - injury found at site of the application of force
Contre Coup - injury found opposite the site of the application of force.
Coup Contre Coup - injury found at the site and also opposite the application of force
Locus minoris resistancia - injury found both at the site or opposite the site of the application
of the force but in some areas offering least resistance to the force applied.
Extensive Injury - injury involving a greater area beyond the site of the application of force.
Mutilation (Art. 262 RPC) – intentionally cutting or mutilate another by depriving him, either
totally or partially, or some essential organ of reproduction.
Serious physical injuries (Art 263 RPC)- more than 90 days or Deformity – is a condition of
physical ugliness.
Less Serious physical injuries (Art. 265 RPC)- require medical attendance for 10 -30 days
Slight physical injuries and maltreatment (Art. 266 RPC) - require medical attendance from
1 -9 days
Medico-Legal Aspect of Physical Injuries
Open Wound
STAB WOUNDS
Medico-Legal Aspect of Physical Injuries
Open Wound
INCISED WOUND
Medico-Legal Aspect of Physical Injuries
Open Wound
MUTILATION WOUNDS
Medico-Legal Aspect of Physical Injuries
Open Wound
LACERATIONS
Medico-Legal Aspect of Physical Injuries
Open Wound
PUNCTURED WOUND
Medico-Legal Aspect of Physical Injuries
Open Wound
AVULSION
Medico-Legal Aspect of Physical Injuries
Open Wound
Gun shot Wound
Medico-Legal Aspect of Physical Injuries
Open Wound
Gun shot Wound
ENTRANCE EXIT
1. Appears to be smaller than missile owing to 1. Always bigger than
elasticity of tissue except contact fire. missile
2. Edges inverted 2. Edges averted
3. Usually ovaloid or rounded 3. Variable shape
4. Contusion collar present 4. Contusion collar absent
Beyond six (6 inches but within thirty six (36) inches - presence of the
tattooing.
Beyond thirty six(36) inches only the gunshot wound will be present
GUN SHOT WOUND
Smoke smudging This
is a contact range
gunshot entrance
wound with gray-black
discoloration from
the burned powder
GUN SHOT WOUND
Gunpowder Tattooing
Thisis an
intermediate range
gunshot entrance
wound in which
there is powder
"tattooing"
around the
entrance site.
GUN SHOT WOUND
Contusion collar
Theabrasion ring, and a
very clear muzzle
imprint, are seen in this
contact range gunshot
wound.
GUN SHOT WOUND
ENTRANCE
GUN SHOT WOUND
Muzzle imprint
GUN SHOT WOUND
Shot gun
Fracture
Shot gun
Death by Asphyxia
All forms of violent death which results primarily from
the interference with the process of respiration or to
condition in which the supply of oxygen to the blood or
tissue or both has been reduced below normal level.
Hanging
Strangulation by hanging
Strangulation
manual or throttling- use of hand or any
metal
Death by Asphyxia
Strangulation
c. special forms of strangulation
c.1. palmar
c.2. garroting- ligature like metal is placed
around the neck and tightened at the
back
b. choking
Death by Asphyxia
4. Asphyxia by submersion in water (drowning)
Submersion for 1-1/2 min is fatal, however a person
may survive after 4 min of submersion
Average time is from 2-5min. depend on the amount
of water block the air passage and penetration in the
lungs
colorless gas
Form during incomplete combustion
Medico-Legal Aspects of Sexual Crimes
VIRGINITY – is a condition of a female who has not experienced
sexual intercourse and whose genital organs have not been
altered by carnal connection.
Kinds
Moral virginity- applies to children below the age of puberty and
whose sex
organs and secondary sex characters are not yet
developed.
Demi-virginity- a condition of a woman who permits any forms of
sexual liberties as
long as they abstain from rupturing the hymen by
sexual act.
Virgo-Inacta
Parts of the female body to be considered in
determination of virginity:
Breas
t A fully developed breast may be classified according to
shape as
follows:
Hemispherical
Breast
Conical
Breast
Infantile or Flat
breast
Pendulous
Breast
Vaginal Canal
Labia Majora and Labia Minora
Fourchette- it present a V shape appearance of the two
labia
minora unite posteriorly
Hymen
Medico—Legal Aspects of Pregnancy
Pregnancy – is a state of a woman who has within her body the
going product of conception.
Presumption of Legitimacy –
There is a valid marriage
the birth of the child took place after 180 days following the celebration of
marriage or within 300 days following its dissolution or separation of spouse;
There is no physical impossibility of the husband having access to the wife
during the first 120 days of the 300 proceeding the birth of the child.
The impotence of the husband; the fact that the husband and wife were living
separately in such a ay that access was not possible.
By the serious illness of the husband.
Kinds of children
2. Adopted Children
Adoption – is defined the act or proceeding by which of paternity and filiation are
recognized as legally existing between persons not so related by nature.
Persons who may be adopted:
The natural child by the natural father or mother;
Other illegitimate children, by the father or mother;
A step-child, by the step-father or step-mother;
Any person, even if age provided adopter is sixteen years older
3. Illegitimate Children
a. Natural Children
Natural Children (proper)-those born outside lawful of parents who, at the time of the conception of the
former were not disqualified by any impediment to marry each other. (result of pre-marital sex)
Natural children by legal fiction – natural children by legal fiction are those born of void degree of
annulment.
Natural children by presumption - are those natural children acknowledge the father or the mother
separately if the acknowledging parent was legally competent to contact marriage at the time of
conception.
Illegitimate Children
b. Spurious Children - Illegitimate who are not natural are considered spurious
children may be: