Professional Documents
Culture Documents
treatment
CHAPTER I Purpose in examining a Purpose in examining a
GENERAL CONSIDERATION patient is to arrive at a patient is to include those
definite diagnosis so that bodily lesions in his report
Legal Medicine- branch of which deals with application of appropriate treatment can and testify before the court
medical knowledge to the purposes of law and in the be instituted or before an investigative
administration of justice. It is the application of basic and body
clinical, medical and paramedical sciences to elucidate Minor or trivial injuries are Records all bodily injuries
legal matters. usually ignored inasmuch even if they are small or
as they do not require usual minor because these
Concept and practice of Legal Medicine in the treatment. injuries may be proofs to
Philippines is of Spanish origin. qualify the crime or to justify
the act.
Legal Medicine Forensic Medicine
Application of medicine to Application of medical
legal cases science to elucidate legal Example:
problems
Presence of PHYSICAL INJURIES of a victim of sexual
abuse = presumes that force was applied; hence, crime
Medical Jurisprudence- knowledge of law in relation to committed must be RAPE.
the practice of medicine. It concerns with the study of the
rights, duties and obligations of medical practitioner with Presence of PHYSICAL INJURIES on the offender of the
particular reference to those arising from doctor-patient crime of physical injuries= proof that the victim acted in
relationship. SELF-DEFENSE.
Knowledge of legal medicine means the ability to 1. LAW- rule of conduct, just, obligatory, laid by
acquire facts, the power to arrange those facts in legitimate power for common observance and
their logical order, and to draw a conclusion from benefit.
the facts which may be useful in the
administration of justice. Characteristics of Law:
Medical Jurist (medical examiner, medico-legal
officer, medico-legal expert) – a physician who - It is a rule of conduct;
specializes or is involved primarily with medico- - It is dictated by legitimate power; and
legal duties. They are mostly in the service of the - Compulsory and obligatory to all.
government.
Forms of Law:
It is the duty of every physician, when called
upon by the judicial authorities, to assist in the A. Written or Statutory Law (Lex
administration of justice on matters which are Scripta) – composed of laws which are
medico-legal in character.‖ produced by the country’s legislations
To be involved in medico-legal duties, a and which are defined, codified and
physician must possess sufficient knowledge of: incorporated by the law-making body.
o Pathology Ex. Philippine Laws.
o Surgery B. Unwritten or Common Law (Lex non
o Gynecology Scripta) – composed of unwritten laws
o Toxicology based on immemorial customs and
o Other branches of Medicine germane usages. Sometimes referred to as case
to the issues involved. law, common law, jurisprudence or
customary law. Ex. Laws of England.
Ordinary Physician Medical Jurist
Sees an injury or disease Sees injury or disease on 2. FORENSIC- denotes anything belonging to the
on the point of view of the point of view of cause court of law or used in court or legal proceedings
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Minimum Standard Requirements which must be Methods of deception detection used by law
satisfied in the description of the person or thing enforcement agencies:
to make it complete: 1. Devices which record the psycho-physiological response
a. Polygraph or lie detector machine – records
a. Skin Lesion physiological changes that occur in association with
b. Penetrating wound lying in a polygraph.
c. Hymenal Laceration
d. Person Phases of Examination
i. Pre-test interview
4. Manikin Method- miniature model of a scene or ii. Actual interrogation and recording through the
of a human body indicating marks of a various instrument
aspects of the things to be preserved.
5. Preservation in the Mind of the Witness Standard test questions:
1. Irrelevant questions – no bearing to the case
Drawbacks of preserving evidence in the mind of under investigation (ex: age, citizenship,
the witness: occupation, etc).
2. Relevant questions – pertaining to the issue
The capacity of a person to remember under investigation (ex: Did you shoot to death
time, place and event may be Mr. X?).
destroyed or modified by the length of 3. Control questions – unrelated to the matter
time, age of the witness, confusion with under investigation but are of similar nature
other evidence, trauma or disease, although less serious as compared to those
thereby making the recollection not relevant questions (ex: Have you ever used a
reliable; gun?).
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j. “Not that I remember” expression – resort to this e. The subject is given the opportunity to make a
expression to avoid committing something prejudicial lengthy, time-consuming narration.
to him.
6. Confession – an expressed acknowledgment by the
5. Scientific interrogation – the questioning of a person accused in a criminal case of the truth of his guilt as to
suspected of having committed an offense or of persons the crime charged, or of some essentials thereof.
who are reluctant to make a full disclosure of information
in his possession which is pertinent to the investigation. Requirement for the Admissibility of Evidence Obtained
Through Interrogation
Suspect – person whose guilt is considered on
reasonable ground Custodial Investigation and Self-Incrimination
(1987 Constitution)
Witness – person other than the suspect who is Miranda v. Arizona (Miranda Rights)- safeguards
requested to give information were established for the interrogation of
suspected persons.
Different types of criminal offenders
a. Based on behavioral attitude: Some Techniques of Interrogation
i. Active aggressive offenders – commit crimes in
an impulsive manner Emotional Appeal- The interrogator creates a
ii. Passive inadequate offenders – commit crimes mood that is conducive to confession. He may be
because of inducement, promise or reward. sympathetic or friendly to the subject.
b. Based on the state of mind Mutt and Jeff Technique- One interrogator (Mutt)
i. Rational offenders – commit crime with motive or is arrogant and relentless; he knows the subject
intention to be guilty. The other (Jeff) is friendly,
ii. Irrational offenders – commit crime without sympathetic, and kind. When Mutt is not present,
knowing the nature and quality of his act. Jeff will advise the subject to make a quick
c. Based on proficiency decision and plea for cooperation.
i. Ordinary offenders – engaged in crimes which Bluff on Split-Pair Technique- Applicable where
require limited skill there are two or more persons who allegedly
ii. Professional offenders – commit crimes which participated on the commission of a crime. All of
require special skills rather than violence. them are interrogated separately and the
d. Psychological classification interrogator may claim that the subject was
i. Emotional offenders – commit crimes in the heat implicated by the author and that there is no use
of passion, anger, or revenge. for him to deny participation.
ii. Non-emotional offenders – commit crimes for Stern Approach- Immediate and clear response
financial gain and are usually recidivist or from the subject is demanded and the
repeaters. interrogator uses harsh language.
The subject is given the opportunity to make a
Techniques of Interrogation lengthy, time-consuming narration.
a. Emotional appeal – interrogator must create a mood
that is conducive to confession Basis of Interrogator’s Inference that the Subject is not
b. Mutt and Jeff technique – there must be at least 2 Telling the Truth
investigators with opposite character; one (Mutt) who
is arrogant and relentless, and the other (Jeff) who is The statements have many improbabilities and
friendly, sympathetic and kind. gaps on its substantial parts.
c. Bluff on split-pair technique – applicable where The statements are inconsistent with the material
there are two or more persons who allegedly facts.
participated in the commission of a crime. While one The statements are incoherent.
of them is interrogated, the interrogator may claim that
the subject was implicated by the author and that Confession
there is no use for him to deny participation.
d. Stern approach – questions must be answered
clearly, and the interrogator utilizes harsh language.
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To establish the identity of the offender and that Those which are based on scientific knowledge-
of the victim in the prosecution of the criminal made by trained men, well-seasoned by
offense. experience and observation
To identify a person missing or presumed dead in
order to facilitate the settlement of the estate, Ordinary Methods of Identification
retirement, insurance, and other social benefits.
Identification resolves the anxiety of the next-of- Points of Identification Applicable to Living
kin, other relatives and friends as to the Persons Only
whereabouts of a missing person or victim of o Characteristics which may easily be
calamity or criminal act. changed
Identification may be needed in some Growth of hair, beard or
transactions like cashing of check, entering a mustache
premise, sale of property, release of dead bodies Clothing- a person may have
to relatives, parties to a contract, etc.. a special preference for
certain form, texture or style
Rules in Personal Identification Frequent place of visit- A
person’s special desire or
Law of Multiplicity of Evidence in Identification- habit to be in a place if he
the greater the number of points of similarities has the opportunity to do so
and dissimilarities of two persons compared, the Grade of profession- e.g. a
greater is the probability for the conclusion to be mechanic may be recognized
correct. by his tools, a clergy man by
The value of the different points of identification his robe, or a nurse by her
varies in the formulation of conclusion (e.g. visual cap
recognition by relative or friends may be of lesser Body ornamentations-
value as compared with fingerprints or dental earrings, necklaces, rings,
comparison). pins, etc. Usually worn by
The longer the interval between the death and persons
the examination of the remains, the greater is the o Characteristics that may not be easily
need for experts in establishing identity. changed
It is necessary for the team to act in the shortest Mental memory- a
possible time specially in cases of mass disaster. recollection of time, place,
There is no rigid rule to be observed in the and events.
Speech- a person may
procedure of identification of persons.
stammer, stutter, or lisp;
Methods of Identification manner of talking and quality
of the voice.
By comparison-Identification criteria recovered Gait- a person, on account of
during investigation are compared with records disease or some inborn traits,
available in the file. may show a characteristic
By exclusion- If two or more persons have to be manner of walking.
identified and all but one is not yet identified, then Mannerism- stereotype
the one whose identity has not been established movement or habit peculiar
may be known by the process of elimination. to an individual. (E.g. way of
sitting, movement of hand,
Identification of Persons movement of body,
movement of facial muscles,
Classification of the Bases of Human Identification manner of leaning, etc.)
Hands and feet- Size, shape,
Those which laymen use to prove identity- no and abnormalities.
special training or skill required Foot or hand
impression-
develops when a
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1. Real impression - impression of the finger bulbs with 2. The enamel of the teeth is the hardest substance
the use of printing ink on the in the body. It may outlast all other tissues.
surface of the paper 3. After death, the greater the degree of tissue
2. Chance impression - impresses by mere chance deatruction, the greater is importance of the
without any intention to produce it dental characteristic.
4. The more recent the ante-mortem records of the
How to Get Fingerprint Impressions on Dead Bodies person to be identified, the more reliable is the
- In case of fresh bodies, the fingers are comparative or exclusionary mode of
uncleanched and each one is inked individually identification that can be done.
with the aid of small rubber roller.
- If the "floater" has been in the body if water for a Causes of Unreliability of the Dental Records
longer time and the friction ridges have 1. The dentist may only concern himself with the
disappeared, the skin of the fingertips is cut affected teeth and may not care to have a
away. This area of the skin is placed in a small detailed examination of the other teeth.
labelled test tube containing formaldehyde 2. No uniformity in nomenclature in the charting of
solution. teeth
3. Although there may be a law obligating dentists
Types of Fingerprint Patterns to have a record of their patient, the law does not
1. Arches - the ridgea go from one side of the mention the agency which will enforce it
pattern to another, never turning back to make a 4. Changes in the teeth which are not seen by the
loop dentist
A. Plain arches
B. Tented arches C. HANDWRITING
- The handwriting of a person may be proved by a
2. Loops - one or more ridges enter on either side, witness who believes it to be the handwiting of
recurves and terminate on the same side from such person, and has seen the person write, or
which it entered has seen writing purporting to be his upon which
A. Ulnar loop the witness has acted or been charged, and has
B. Radial loop thus acquired knowledge of the handwriting of
such person.
3. Whorls - patterns with two deltas and patterns
too irregular in form to classify The genuineness of any disputed writing may be
A. Simple whorl proven by any of the following ways
B. Central pocket loop 1. Acknowledgement of the alleged writer
C. Lateral pocket loop 2. Statement of the witness who saw the writing
D. Twin loop 3. Opinion of persons who are familiar with the
E. Accidentals handwriting of the alleged writer
4. Opinion of an expert
Q: Can fingerprints be effaced?
A: No, as long as the dermis of the bulbs of the finger is not Practical Uses of Handwriting Examination
completely destroyed, the fingerprints will always 1. Financial crime
remain unchanged and indestructible. 2. Death inveatigation
3. Robberies
Q: Can fingerprints be forged? 4. Kidnapping with ransom
A: There is considerable controversy as various 5. Anonymous threatening letters
experiments could almost make an accurate 6. Falsification of documents
reproduction, still there is no case in record known or
have been written. Bibliotics - science of handwriting analysis
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applicable only to recently written 7. Length of interment or length from the time of death
documents May be determined by the nature and presence of soft
tissues and the degree of erosion of the bones.
Disguised writing Ordinarily, all the soft tissues in a grave disappear
within a year.
The deliberate attempt on the part of the writer to alter his 8. Presence or absence of ante or post mortem injuries
writing habit to invent a new writing style of by imitating the 9. Congenital deformities and acquired injuries on the
writing of another person. hard tissues causing permanent deformities
Done by changing the direction of the slant,
changing the speed in writing, deliberate (pp. 86-102)
carelessness
Procedure of the Test
Signature forgery
Two Methods may be utilized and both should be
Signature forgery examination is the most common activity employed in the examination:
of a questioned document examiner
1. Detection of Agglutinins
Classifications of Signature Forgery 2. Detection of Agglutinogens
1. Traced forgery: the outlining of a genuine signature
from one document onto another Value of the Test
2. Simulated forgery: an attempt to copy in freehand It may solve disputed parentage (maternity or paternity).
manner the characteristics of a genuine signature
either from the memory of the signature or from as Positive result - not conclusive that the one in question is
model. the offspring
3. Spurious forgery: one prepared primarily in the Negative result - conclusive that he is not the child of the
forger’s own handwriting wherein little or no attempt alleged parents. Grouping is true not only with blood but
has been made to copy the characteristics of the also with other body fluids like saliva, vaginal secretion,
genuine writing seminal fluid, milk, urine and others
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3. The death of the partner is one of the causes of Death will have occurred when these conditions first
dissolution of partnership agreement; coincide. (Section 1, Chapter 378 of Kansas Statute)
4. The death of either the principal or the agent is a mode
of extinguishment of agency; Brain Death
5. The criminal liability of a person is extinguished by 1. According to Harvard Report of 1968, the following are
death; the characteristics of ―irreversible coma‖:
6. The civil case for claims which does not survive is
dismissed upon the death of the defendant. a. Unreceptivity and Unresponsibility
There is a total unawareness to externally applied
Death stimuli and inner need and complete unresponsiveness
is the termination of life.
it is the complete cessation of all the vital functions b. No movements or breathing
without possibility of resuscitation. Observation covering a period of at least l hour by
it is an irreversible loss of the properties of living matter. physicians is adequate to satisfy the criteria
an event that takes place at a precise time.
the ascertainment of death is a clinical and not a legal c. No reflexes
problem. Irreversible coma with abolition of central-nervous
system activity is evidenced in part by the absence of
Based on the Criterion Used in its Determination, death elicitable reflexes.
may be: The pupil will be fixed and dilated and will not respond to
1. Brain Death a direct source of bright light.
Death occurs when there is deep irreversible coma, Ocular movement (to head turning and to irrigation of the
absence of electrical brain activity and complete ears with ice water) and blinking are absent.
cessation of all the vital functions without possibility of There is no evidence of postural activity (decerebrate or
resuscitation. other).
Swallowing, yawning, vocalization are in abeyance.
2. Cardio-Respiratory Death Corneal and pharyngeal reflexes are absent.
Death occurs when there is a continuous and persistent As a rule, the stretch or tendon reflexes cannot be
cessation of heart action and respiration. elicited, i.e. tapping the tendons of the biceps, triceps
It is a condition in which the physician and the and pronator muscles, quadriceps and gastrocnemius
members of the family pronounced a person to be dead muscles with the reflex hammer elicits no contraction of
based on the common sense or intuition the respective muscles.
Plantar or noxious stimulation gives no response.
3. Brain and Cardio-Respiratory Death
A person will be considered medically and legally dead if in d. Flat electro-encephalogram
the opinion of a physician based on ordinary standards of Of great confirmatory value is the flat or iso-electric
medical practice, there is: E.E.G. assuming that the electrodes have been properly
absence of spontaneous respiratory and cardiac applied, that the apparatus is functioning normally, and
function, and because of the disease or condition which that the personnel in charge are competent.
caused, directly or indirectly, these functions to cease,
or because of the passage of time since these functions Note: All of these tests shall be repeated at least 24
ceased, attempts at resuscitation are considered hours later with no change. It is emphasized that the
hopeless; patient be declared dead before any effort is made to
absence of spontaneous brain function and if based on take him off the respirator, if he is then on respirator.
ordinary standards of medical practice during
reasonable attempts to either maintain or restore 2. In 1969, the Ad Hoc Committee of Human Transplantation
spontaneous circulatory or respiratory function in the convened under the auspices of the Institute of Forensic
absence of aforesaid brain function, it appears that Sciences, Duquesne University School of Law adopted the
further attempts at resuscitation or supportive proposed criteriafor the determinationof death otherwise
maintenance will not succeed. known as
Philadelphia Protocol, and the following were considered:
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Difficulties in Auscultation may be encountered in: The fingers are spread wide and the finger webs are
(a) Stout person viewed through a strong light.
(b) Fatty degeneration of the heart. Living: the finger webs appear red
(c) Pericardial effusion. Dead: yellow
a.3. Flouroscopic Examination- will reveal b.6. Application of Heat on the Shin
the shadow of the heart in its rhythmic contraction and If heated material is applied on the skin
relaxation. The shadow may be enlarged and the Living: blister formation, congestion, and other vital
excursion made less visible due to reactions of the injured area will be observed.
pericardial effusion. Dead: will not produce true blister, no
sign of congestion, or other vital reactions.
a.4. By the Use of Electrocardiograph
This is the best method of determining heart b.7. Palpation of the Radial Pulse With Fingers
action but quite impractical Living: will feel the rhythmic pulsation of the vessel due
to the flow of blood.
b. Examination of the Peripheral Circulation: Dead: No such pulsation will be observed
b.1. Magnus’ Test:
A ligature is applied around the base of a finger with b.8. Dropping of Melted Wax
moderate tightness. Melted sealing wax is dropped on the breast of a person.
In a living person there appears a bloodless zone at Dead: there will be no inflammatory edema
the site of the application of the ligature and a livid at the neighborhood of the dropped melted
area distal to the ligature. wax.
If the ligature is applied to the finger of a dead man,
there is no such change in color. 2. CESSATION OF RESPIRATION
must be continuous and persistent.
b.2. Opening of Small Artery:
Living: the blood escapes in jerk and at a distance. In the following conditions there may be suspension of
Dead: the blood vessel is white and there is no respiration without death ensuing:
jerking escape of blood but may only ooze towards a. In a purely voluntary act, as in divers, swimmers, etc. but
the nearby skin. it cannot be longer than two minutes;
When bigger arteries are cut, blood may flow b. In some peculiar condition of respiration, like Cheyne-
without pressure continuously. Stokes respiration, but the apneic interval cannot be longer
than fifteen to twenty seconds;
b.3. Icard's Test c. In cases of apparent drowning;
This consists of the injection of a d. Newly-born infants may not breathe for a time after birth
solution of fluorescein subcutaneously. and may commence only after stimulation or
If circulation is still present, the dye will spread all spontaneously later.
over the body and the whole skin will have a
gleenish-yellow discoloration due to flourescein. INTERNAL HYPOSTASIS IN VISCERAL ORGANS
This test should be applied only with the use of the
daylight as the color is difficult to be appreciated Post-mortem lividity occurs in internal organs.
with the use of artificial light.
Post Mortem Lividity Simple Congestion
b.4. Pressure on the Fingernails: Staining in organs is Generally uniform and
irregular and occurs in most found all over the body.
lf pressure is applied on the fingernails
intermittently, there will be a zone of paleness dependent parts.
at the site of the application of pressure which become Dull and lustreless mucous Not so.
livid on release. membrane
There will be no such change of color if the test is Imflammatory exudates is Not seen in simple
applied to a dead man. not seen, areas of redness congestion.
alternating with pale areas
b.5. Diaphanous Test found in a hollow viscus.
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Greenish Discoloration over the iliac fosae. 1-3 days Face swollen and red. Greenish discoloration 1 – 2 wks
Eyeballs are soft and yielding. on the eyelids, lips, neck and sternum. Skin
Greenish discoloration spreading over the 3-5 days of the hands and feet wrinkled. Upper surface
while abdomen, external genitals and other of brain greenish in color.
parts of the body. Frothy blood from the moth Skin wrinkled. Srotum and penis distended 4 wks
and nostrils. with gas. Nails and hair still intact. Lungs
Abdomen distended with gas. Cornea fallen 8-10 days emphysematous and covered the heart.
in and concave. Purplish red streaks of veins Abdomen distended, skin of hands and feet 6 – 8 wks
prominent on the extremities. Sphincters come off with nails like a glove.
relaxed. Nails firm.
Body greenish-brown. Blisters forming all 14 – 20
over the body. Skin peels off. Features days Factors Influencing the Floating of the Body in Water
unrecognizable. Scrotum distended. Body
swollen up owing to distention. Maggots Age: Bodies of fully-developed and well-nourished newly-
found on the body. Nails and hair loose and born infants float rapidly.
easily detached.
Soft parts changes into a thick, semi-fluid 2-5 mos Sex: Women float sooner than men.
black mass after death Conditions of the body: Stout persons float quicker.
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I. Mummification: the dehydration of the whole body approximate time of death may be deduced from the
which results in the shivering and preservation of the amount of food in the stomach in relation to his last meal.
body. Mummification usually happens in warm
countries where evaporation of body fluids takes place Presence of live fleas in the clothing (drowning cases): a
earlier and faster than decomposition. flea can survive for approximately 24hrs submerged in
water. Fleas recovered, usually from the clothing of the
Kinds of mummification: victim, is observed if it still living to approximate the time
when said was submerged in water.
Natural: the body will become dehydrated and mummified
due to the forces of nature. Amount of urine in the bladder: the amount of urine in the
urinary bladder may indicate the time of death when taken
Artificial: (1) acceleration of the evaporation of the tissue into consideration, he was last seen voiding his urine.
fluids of the body before actual onset of decomposition; (2)
addition of preservatives to inhibit decomposition. State of the clothings: a circumstantial proof of the time of
death is the apparel of the deceased
II. Saponification or Adipocere Formation: a condition
wherein the fatty tissues of the body are transformed Chemical changes in the Cerebro-Spinal Fluid
to soft brownish-white substance known as adipocere.
Post-mortem clotting and decoagulation of blood: blood
Factors Influencing Adipocere Formation clots inside the blood vessels in 6-8hrs after death.
State of Health before Death, Time interval between death Presence or absence of soft tissues in skeletal remains:
and burial, effect of a coffin, presence of clothing, type of under ordinary conditions, the soft tissues of the body may
soil, access of air to the body after burial, mass grave. disappear 1-2yrs after burial.
III. Maceration: the softening of the tissues when in a fluid Condition of the Bones: if all the soft tissues have already
medium in the ansence of putrefactive microorganism disappeared from the skeletal remains, the degree of
which is frequently observed in the death of the fetus erosion of the epiphyseal ends of long bones, pulverization
en utero. of flat bones and diminution of weight due to the loss of
animal matter may be the basis of the approximation.
Duration of Death
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o Lost on board a vessel lost during sea other, shall prove the same; in the absence of proof, it is
voyage, missing airplane, not been presumed that they died at the same time and there shall
heard of for 4 years since loss of be no transmission of rights from one to the other.
vessel or airplane.
o Person in armed forces who has taken CHAPTER VII
part in war, missing for 4 years SPECIAL DEATHS
o Person In danger of death other
circumstances and his existence not I. JUDICIAL DEATH
known 4 years.
METHODS
Article 392 Civil Code
1. Death by Electrocution
If absentee appears or without appearing his 2. Death by Hanging
existence is proved, he shall recover his property in the 3. Death by Musketry
condition in which it may be found, and the price of any 4. Death by Gas Chamber
property that may have been alienated or the property
acquired therewith; but he cannot claim either fruits or OTHER METHODS OF CAPITAL PUNISHMENT
rents.
1. Beheading
PRESUMPTION OF SURVIVORSHIP 2. Crucifixion
3. Beating
Rule 131 Section 5(jj) Rules of Court 4. Cutting Asunder
5. Precipitation from a height
When 2 persons die in same calamity, such as: 6. Destruction by a wild beast
7. Flaying
Wreck 8. Impaling
Battle 9. Stoning
Conflagration 10. Strangling
11. Smothering
Not shown who died first; there are no particular 12. Drowning
circumstances from which it can be inferred, the
survivorship is presumed from the probabilities resulting II. EUTHANASIA
from the strength and age of the sexes, according to the ―Mercy Killing‖ – deliberate and
following: painless acceleration of death of a
person usually suffering from an
1. Both UNDER 15: Older presumed survived incurable and distressing disease.
2. Both ABOVE 60: Younger presumed
survived TYPES:
3. One UNDER 15, Other ABOVE 60: UNDER
15 presumed survived 1. Active Euthanasia
4. One OVER 15, Other UNDER 60, 2. Passive Euthanasia
a. Different Sex: Male presumed a. Orthothanasia
survived b. Dysthanasia
b. Same Sex: Older
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by local health authorities or when embalmed (impliedly (b) A burial ground shall at least be 25 meters distant from
allowed). After 48 hours, new permit is needed. If with any dwelling house and no house shall be constructed
communicable disease, within 12 hours after death unless within the same distance from any burial ground.
directed otherwise by local board of health.
(c) No burial ground shall be located within 50 meters from
In Philippines, body needs to be buried within 24 either side of a river or within 50 meters from any source of
hours because of the climatic condition. water supply.
Death Certificate necessary before burial except The burial remain is subject to the following requirements:
in cases of emergency. Primary duty of physician
to furnish if available. If not, local health officer, (a) Shipment of remains abroad shall be governed by the
mayor, the secretary or of a councilor. Order is rules and regulations of the Bureau of Quarantine.
successive and exclusive.
(b) The burial of remains in city or municipal burial grounds
- It must be forwarded within 48 hours after death. shall not be prohibited on account of race, nationality,
religion or political persuasion.
* The person who issued the death certificate shall notify
the justice of the peace or the auxiliary justice or the mayor (c) Except when required by legal investigation or when
if neither of the two is available if he observed any permitted by the local health authority, no unembalmed
indication of violence or crime. Permission from the remains shall remain unburied longer than 48 hours after
provincial fiscal or mayor is necessary if death due to death.
violence or crime.
Study Articles 305, 306, 307, 309 and 2219 of the NCC
Burial and transfer Permits as well as Articles 132 and 133 of the RPC.
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1. If deceased left a written direction that he will not be Persons who can grants permission to used body parts of
cremated deceased:
5. Use of Body for Scientific Purposes 2. If minor, guardian with the approval of the
court or by the legitimate father or mother. Married woman
Unclaimed remains may be used by medical can give consent without husbands consent.
schools and scientific institutions for studies and research
subject to the rules and regulations prescribed by the b. After death:
department.
1. Nearest relative
Study RA 349 as amended by RA 1056 (Donations of
Human Body Parts) 2. Head of hospital or institution having custody
in the absence of relatives
Donation of Human Organs for Medical, Surgical and
Scientific purposes Any person may donate an organ or Persons permitted to detach body parts:
any part of his body to a person, a physician, a scientist, a
hospital or a scientific institution upon his death for 1. License physician or surgeon
transplant, medical, or research purposes subject to the
following requirements: 2. Known scientist
(a) The donation shall be authorized in writing by the donor 3. Medical or scientific institutions including eye
specifying the recipient, the organ or part of his body to be banks.
donated and the specific purpose for which it will be Requirements:
utilized.
1. Must be in writing
(b) A married person may make such donation without the
consent of his spouse. 2. Specify the person/institution granted the
authorization
(c) After the death of a person the next of kin may
authorize the donation of an organ or any part of the body 3. Specify the organ/part to be detached
of the deceased for similar purposes in accordance with
the prescribed procedure. 4. Signed by the grantor and 2 disinterested
persons
(d) If the deceased has no next of kin and his remains are
in the custody of an accredited hospital, the Director of the 5. Copy furnished to the Secretary of Health
hospital may donate an organ or any part of the body of the
deceased in accordance with the requirement prescribed in Limitation to the Authorization
this Section.
Not allowed when died with dangerous
(e) A simple written authorization signed by the donor in communicable disease
the presence of two witnesses shall be deemed sufficient
for the donation of organs or parts of the human body Penal Provision
required in this Section, notwithstanding the provisions of
the Civil Code of the Philippines on matters of donation. A Imprisonment of not less than six months nor
copy of the written authorization shall be forwarded to the more than one year.
Secretary.
Exhumation
(f) Any authorization granted in accordance with the
requirements of this Section is binding to the executors, The deceased buried may be raised or
administrators, and members of the family of the deceased. disinterred upon lawful order from fiscals, court and any
entity vested with authority to investigate. It must be
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identified by relatives, friends or by marks on the body. - smears from vaginal canal and blood for alcohol
Physician must describe the coffin, clothing and degree of determination
decomposition before stating the actual disease or violence
in his report. Even members of NBI are required to get d. Recover foreign bodies
permit from the Director of Health for exhumation.
- Metalic fragment or whole slug for ballistic
Person died with for a cause other than examinations
dangerous communicable disease may be disinterred after
3 years of being buried or in special cases, shorter time - Operative sponge, medical instrument to prove
when in the opinion of Director of Health, the public health medical negligence
will not be endangered. It will be immediately disinfected
and inclosed in a coffin, case or box. 2. If the next of kin refuses to give consent for exhumation
autopsy, a petition in court must be done.
Disinterment of remains is subject to the following
requirements: How long can exhumation be done after interment:
(a) Permission to disinter remains of persons who died of Sec 92 Code of Sanitation, Disinterment Requirements:
non-dangerous communicable diseases may be granted
1. Permission to disinter remains of persons who
after a burial period of three years. died of non - dangerous communicable disease
(b) Permission to disinter remains of person who died of may be granted after burial period of 3 years
dangerous communicable diseases may be granted after a 2. If death is due to a communicable dangerous
burial period of five years. disease, permission may be granted after a burial
period of 5 years
(c) Disinterment of remains covered in paragraphs "a" and 3. Shorter period may be granted in special cases,
"b" of this Section may be permitted within a shorter time subject to the approval of Regional Director
than that prescribed in special cases, subject to the (Director of Health) concerned or his duly
approval of the Regional Director concerned or his duly authorized representative.
authorized representative. 4. In all cases of disinterment, the remains shall be
disinfected and placed in a sealed container prior
(d) In all cases of disinterment, the remains shall be to disposal.
disinfected and places in a durable and sealed container
prior to their final disposal.
According to Art 305 of the Civil Code, no human
Read article 308 of the NCC remains shall be retained, interred, disposed of
or exhumed without the consent of: spouse,
If the dead body is a subject matter of criminal descendants of the nearest degree, ascendants
investigation, it may be exhumed anytime of the nearest degree, brothers and sisters
- toxicology analysis
If dead body is a subject matter of criminal
- histopathological examination investigation, it may be exhumed anytime.
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(Forensic Medicine a Study in Trauma & Art. 263, Revised Penal Code:
Environment Hazards by Tedeschi, Eckert &Tedeschi, Vol,
1, p.496) The Crime of serious physical injuries my be due
to:
Legal Classification of Physical Injuries:
1. Wounding;
Mutilation: 2. Beating;
Art. 262, Revised Penal Code 3. Assaulting (Art. 263); or
4. Administering injurious substances (Art.
Kinds of Mutilation Punishable Under the Code: 264) without the intent to kill.
It may be committed through a simple negligence
1. Intentionally depriving a person, totally or or imprudence
partially of some of the essential organs for
reproduction, and The main purpose of dividing the provision into four
2. Intentionally depriving a person of any part paragraphs is to graduate the penalties depending upon
or parts of the human body other than the the nature and character of the wound inflicted and their
organs for reproduction. consequences on the person of the victim.
Mutilation is the act of looping or cutting off any part or
parts of the living body. In order to be punishable under the In paragraph one, the injured person became insane,
Code, it must be intentional, otherwise it will be considered imbecile, impotent, or blind.
as a physical injury.
Insanity has not been defined or qualified by the
―Mayhem‖ is the unlawful and violent Article.
and deprival of another of the use of a
part of the body so as to render him Imbecility infers that the injured person must be
less able in fighting, either to defend of the preadolescent age and that on account of the
physical injuries inflicted there is an arrest of mental
himself or to annoy his adversary.
Mutilation of other parts of the body development.
other than the organ of reproduction Impotency is the inability to grant to the partner
may be classified as mayhem. sexual gratification.
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Blindness must be total or involvement of both In paragraph four, the injured person becomes ill
eyes. If only one eye became blind, then the physical injury or incapacitated for labor for more than thirty days and
will fall in paragraph 2 of Article 263. impliedly less than 90 days.
In paragraph two, the following nature and character of the It is noteworthy to mention that in paragraph 3
wound or consequences of the injuries inflicted must be and 4 of article 263 there is no mention of periods of
present: medical attendance but merely incapacity.
a. Loss of the use of speech or the power to Administering Injurious Substances or Beverages:
hear or to smell, or loss of an eye, a hand, a
foot, an arm, or a leg; Art. 264, Revised Penal Code:
b. Loss of the use of any such member; or
c. Becomes incapacitated for the work in which Elements of the Crime:
he was therefore habitually engaged.
There must be total loss of hearing capacity. If a. The offender inflicted upon another person
the loss of power to hear is only in one ear, it is a serious or any serious physical injury.
physical injury under paragraph 3, article 263 (People v. b. The infliction of physical injury was done
Hernandez, 94 Phil. 49) knowing that the substance or the beverage
administered is injurious or took advantage
Insofar as loss of a hand is concerned, the of the victim’s weakness or credulity; and
prosecution must prove by clear and conclusive evidence c. There was no intent to kill on the part of the
that the offended party cannot actually make use of his offender.
hand and that such impairment is permanent (People V. If the offender does not know that the substance
Reli. C.A. 53 O.G. 5695). administered is injurious, he cannot be held liable under
the above provision.
In paragraph 3, the following injuries of their
consequences are included: The throwing of acid on the face of someone
does not fall within the provision because what the
a. Deformity; provision contemplates is administering or taking in the
b. Loss of any other member of his body; injurious substance or beverages (U.S. Chiong Songco, 18
c. Loss the use thereof; or Phil 459).
d. Becomes ill or incapacitated for the
performance of the work in which he was The provision does not contemplate of sight or
habitually engaged for more than 90 days, less serious physical injuries are the consequence of
as a consequence of the physical injuries injurious substances of beverages, but results only in
inflicted. serious physical injuries.
―The loss of any other part of his body‖ means The basis to determine whether the physical
injury is less serious or not is by either the period of
loss of the parts of the body not mentioned in paragraph 2, medical attendance or period of incapacity; both of which is
Art. 263.
ten days or more but not more than thirty days.
Incapacity means the inability of the injured The fact that the injury only requires medical
person to perform, or engage on a work or vocation before
attendance for two days but incapacitated the victim from
he sustained injury. attending to his ordinary work for a period of 29 days
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makes the crime less serious physical injuries (U.S. v. The stab wound is
Trinidad, 4 Phil. 152). accessible to the hand
of the victim
There must be proof as to the period of medical The hand of the victim is
attendance. In the absence of such proof of medical smeared with blood
attendance or incapacity, although the wound actually The wounding weapon
healed in more than 30 days, the crime committed is only is firmly grasped by the
slight physical injuries (People v. Penesa, 81 Phil. 398) hand of the victim
(cadaveric spasm)
The Crime of less serious physical injuries may
If stabbing is
be qualified and a fine or a higher penalty imposed when: accompanied with
a. There is a manifest intent to insult or offend slashing movement, the
the injured person; wound tailing abrasion is
b. There are circumstances adding ignominy to seen towards the hand
the offense; inflicting the injury
c. The victim is the offender’s parents, A suicide note may be
ascendants, guardian, curators or teachers; present
or There is the presence of
d. The victim is a person of rank or person in a motive for self-
authority, provided that the crime is not destruction
direct assault. No disturbance in the
death scene, wounding
instrument is found near
(pp.252-268) the victim
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Different measurement of the stab wounds may a. Located where vital organs are located
be produced by one weapon if it is tapering b. Usually singular but may be multiple but located
towards the sharp point in one area
Withdrawal of the instrument not on the same c. Parts of the body involved is accessible to the
direction as when it was introduced may hand of the victim
increases length of the skin defect d. Clothing is usually not involved
Three-cornered file when used as a stabbing e. Wounding is made while the victim is sitting or
weapon- three-cornered skin defect standing. There is bleeding towards the lower
The most common immediate cause of death- part of the body
hemorrhage f. No disturbance of the crime scene
Accidental stab wounds are rare g. Presence of suicide note
h. Wounding instrument found near the body
4. Punctured Wound
Punctured would with puncturing instrument loaded with
A result of a thrust of a sharp pointed instrument poison:
External injury small but depth is to a certain
degree a. Poison dart- cyanide or nicotine
b. Fish spines
Produced by: icepick, needle, nail, spear, pointed
stick, thorn, fang of animal, hook c. Dog bites with hydrophobia virus
d. Injection of air and poison as a way of
External hemorrhage is limited but internal euthanasia
injuries may be severe
Direct involvement of blood vessels and bloody
organs may cause fatal consequences 5. Lacerated Wound (Tear, Rupture, Stretch, ―Putok‖)
Site of external wound can be easily sealed
Punctured would is usually accidental but in rare A tear of the skin and the underlying tissues due
instances it may be homicidal or suicidal to forcible contact with a blunt instrument
Produced by: wood, iron bar, fist blow, stone, butt
of firearm, others without sharp objects
Characteristics: Force applied to tissue is greater than its
cohesive force and elasticity
1. The opening on the skin is very small and may
become unnoticeable because of clotted blood The tissue tears and laceration is produced
and elasticity of the skin. The wound is much
deeper than it is wide. Characteristics:
2. External hemorrhage is limited although internally
severe a. Shape and size of the injury do not correspond to
3. Sealing of the external opening will be favorable the wounding instrument
for the growth of anaerobic microorganism b. Tear on the skin is rugged with extremities
irregular and ill-defined
c. Injury developed is at the site where the blunt
Medical Evidences that tend to show it is homicidal: force is applied
d. Borders of the wound are contused and swollen
a. It is multiple and usually located on
different parts of the body e. Usually on areas where the bone is superficially
located, like scalp, malar region on the face, front
b. Deep
c. Defense wounds on the victim part of the leg, dorsum of the foot
d. Disturbance of the crime scene- sign of f. Examination shows bridging tissue joining the
edges and hair bulbs intact
struggle
g. Bleeding is not extensive because blood vessels
are not severed evenly
Proof to show it is suicidal: h. Healing process is delayed
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Practical ways of determining how much of the skin surface a.1. Loss of blood incompatible with
is involved in an injury or disease: blood:
Skin serves as the mechanical protection of the Blood constitutes about 1/20
body of the body weight of an adult
It is punctuated with sensory nerve endings for By volume, an average size
pain, temperature and touch adult has 5 to 6 quarts of
It acts as thermo-regulator, storage of water, blood
excretor of sweat and organ for absorption A loss of 1/3 to 2/5 of the
circulating blood may result
Determination of how much skin is involved is
important to determine the mode of treatment to irreversible hypovolemic
shock and may be fatal
and prognosis
The volume of blood lost may
Significant in cases of: burns, contusion, dermal
manifestation of certain diseases be related to the rate or
space of time a certain
Burns in children and old age persons, volume of blood has been
involvement of more than 70% of the body shed
surface- fatal
Males can stand more lost of
Estimation as to how much of the body surface blood than females
involved, the rule of the nine is used
a.2. Hemorrhage may result in an
increase in pressure in or on the vital
Body surface expressed as percentage using the rule of organs to affect the normal function:
nine:
Intracranial hemorrhage may
Whole of head and neck 9% 9% cause compression of
the vital centers of the
Whole of one upper 9% 18% brain.
extremity Hemopericardium may cause
embarrassment of the
Whole of front chest and 18% 18% contraction of the heart.
abdomen Hemorrhage into the chest
cavity may cause diminution
Whole of posterior chest 18% 18% of the respiratory output with
and abdomen subsequent anoxia
a.3. Hemorrhage may cause
Whole of one lower 9% 18% mechanical barriers to the function of
extremity (front) organs:
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3. Changes where a
c. Scarring Effect definite
Chronic gonorrheal infection may pathological
condition was
cause stricture or urethra
present before the
injury
d. Secondary Shock Ex: A person
suffering from
Nature or death due to secondary shock tumor or cyst and
was stabbed by
- A person may have recovered someone. The stab
from the immediate effects of the is not capable of
trauma or violence, but may later producing death
die of its secondary effects or ordinarily. The
changes person may die of
the pathological
condition and the
These changes may be classified accused is liable
as follows: for his death
1. Changes whose
natural sequence
are direct and 4. Changes where a
obvious definite
Ex: Septicimia, pathological
tetanus or condition of totally
complications different nature
arising from arises after the
wounds wounding and the
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Kinds of Hemorrhage:
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sudden block to the blood flow in the finer Capacity for regeneration decreases as age
arterioles and capillaries increases
State of nutrition of the individual affects
capacity or regeneration
The most common emboli in the blood
stream are:
The following regenerates rapidly:
a. Fat Embolus
Causes of Fat Embolus: a. Connective tissues
o By injection of oily b. Blood forming tissues
substance into the c. Surface epithelium of the skin
circulation
o By injury of the
adipose tissue Those having no power or limited capacity to
which forces fat regenerate:
into the circulation
a. Highly specialized glandular epithelium
b. Smooth muscle
b. Air Embolism c. Neurons of the central nervous system
Causes of Air Embolism:
o Gaping incised
wound of the jugular Small clean-cut wound is covered with
vein lymph in 36 hours
o Injection of The edges adhere in two days and wound
soapsuds or air into heals on the 7th day leaving a linear scar
pregnant uterus for Larger incised wound shows swelling of the
the purpose of edges 8 to 12 hours
tubal insuflation or Blood-stained serum is present in 2 days
criminal abortion which afterwards become seropurulent on
o Injection of air into the 3rd day, lasting in state from 4 to 5 days
the urinary bladder for Small red granulation forms in 12 to 15 days
radiological study and the epithelium grows from the edges
o Insuflation of the Scar develops later
other non-potent tubes
or hollow organs
o Injection of air Healing of Wounds
under pressure into
the nasal sinus The time of healing wounds is dependent on the
after a therapeutic following: vascularity, age of person, degree of rest or
lavage immobilization and nature of the injury.
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return after a lapse of one month with or without the cuts, hair and other foreign bodies in the scene; (c)
formation of a scar. witnesses to the incident; (d) wounding instrument;
(e) photography, sketching or accurate description of
b. Healing by Secondary Intention the scene of the crime for preservation
It take place when the injury causes more extensive
loss of cells and tissues. Inflammatory reaction is more 2. Examination of the Wounded Body
intense and granulation tissue growth bears all the
responsibility for its closure. Production of a large scar
and greater loss of skin appendages (hair, sweat and Living Victim Dead Victim
sebaceous glands) and slower reparative process may Age of the wound from degree
occur. of healing
Weapon used
c. Aberrated Healing Process Reasons for multiplicity of
wounds
In some instances, healing process may deviate from Whether injury is accidental, suicidal
the normal way on a normal individual and may result or homicidal
to: Ante-mortem or post-
Dangerous to life of injury
(1) Formation of Excessive Granulation Tissue or mortem wound
"Proud Flesh" - It may prevent the closing of wound and Permanent deformity Mortal or non-mortal wound
can be remedied by excision or cautery. caused by injury
Presence of disease or
(2) Keloid Formation - It is the a large bulging tumorous abnormal development at
Shock produced by wounds time of wounding which
scar produced by an abnormal amount of collagen in the
connective tissue. may accelerate death
Complications produced by Cause of wound (accident,
(3) Stricture - It is the contraction of the fibrous tissue of injury suicide, homicide)
the scar formed.
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Conditions of the Locality - (a) degree of hemorrhage; and cellular tissues not clot
(b) evidence of struggle; (c) position of the body; removed by washing
(d) presence of suicide note; (e) condition of Edges and cellular tissues
weapon. Edges gape owing to the are not deeply stained and
reaction of the skin and can be removed by
muscle fibers washing.
Factors in Determining Whether Wounds were Inflicted
During Life or After Death Edges do not gape but are
closely approximated to
1. Hemorrhage is more profuse when the wound was Inflammation and reparative
processes each other unless wound is
inflicted during lifetime. If wounds are inflicted after caused within one or two
death, the amount of bleeding is comparatively less hours after death.
due to loss of tone of blood vessels, absence of heart No inflammation or
action and post-mortem clotting of blood. Violence reparative processes
upon a living body may not show bruise until after
death.
Factors in Determining Whether Wound is Homicidal,
Suicidal or Accidental
2. Signs of Inflammation such as pus, adhesion of the
edges and other vital reactions may be present 1. Nature of the wound inflicted
whenever the wound was inflicted during lifetime Abrasions - extensive in accidental death, rare in
although they may be less pronounced when suicidal, not common in murder unless the
resistance of the victim is markedly weakened. Post- body is dragged on the ground, common in
mortem wounds do not show any manifesting signs homicide especially when victim offered some
of vital reaction. degree of resistance.
Contusion - rare in suicide unless done by
jumping from a height, may be found in
3. Signs of Repair such as fibrin formation, growth of accidental death often due to a fall or forcible
epithelium, scab or scar formation conclusively show
contact with some hard object.
that wound was inflicted during lifetime. But absence Incised wound - common in suicide and
of such does not show wound was inflicted after homicide. Accidental cuts are frequent
death since the tissue may not have been given everyday occurrences but rarely cause of
ample time to repair before death took place.
death.
2. External signs and position and attitude of the body
4. Retraction of the Edges of the Wound inflicted during when found
life cause gaping of the wound while in case of 3. Location of the weapon or manner it is held
wound inflicted after, edges do not gape and are 4. Motive
closely approximated to each other. 5. Personal character of the deceased
6. Other information such as:
Signs of struggle - Its absence is more in suicide,
Distinction between Ante-Mortem and Post-Mortem accident or murder. Presence of hair or portion
Wounds of skin on nails of assailant or deceased
Number and direction of wound - Multiple
Ante- Post- wounds in concealed parts of the body are
Mortem Mortem indicative of homicide. Single wound in a
Wound Wound position the deceased could have been
Hemorrhage more or less conveniently inflicted is suicidal. In cut-throat,
copious and generally Hemorrhage slight or none generally transverse in homicide while oblique
at all and always venous in suicide.
arterial
Marks of spouting of blood Nature and extent of wound - Homicidal wounds
from arteries No spouting of blood may be caused by any wounding instrument
Deep staining of the edges Blood is not clotted or a soft while suicidal wounds are due to sharp
instruments.
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State of clothings - Usually no change in its Determining which of the wounds were inflicted first
condition in suicide while it may be in disorderly depends on relative position of the parties, trajectory
position due to struggle in homicide. of the wound inside the body, organs involved and
degree of injury, testimony of witnesses and
presence of defense wounds.
Factors in Determining Length of Time of Survival of the
Victim After Infliction of the Wound
Effect of Medical and Surgical Intervention on the Death
1. Degree of Healing
Signs of repair appear in less than a day after 1. If death occurred after medical intervention, offender is
infliction of injury. By the degree of the granulation of still liable provided (1) death is shown to be inevitable and
tissue formation and other reparative changes, the even without intervention, death is a normal and direct
age of the wound may be estimated. consequence; (2) physician must be competent and
exercised care and diligence.
2. Changes in the Body
Systemic changes such as degree of wasting, 2. Minor wounds were received by victim but death resulted
anemia, condition of the face and bed sore formation on account of gross incompetence or negligence of
may provide for a basis. physician, offender is liable only for the physical injuries
inflicted.
3. Age of the Blood Stain
It may be determined from the physical color Effect of Negligence of the Injured on the Death
changes of the skin although it is not reliable.
Negligence of the victim in the proper care and
4. Testimony of the Witnesses treatment of the injury will not exonerate the offender since
In cases where witnesses testify as to the exact he is not bound to submit himself to medical treatment. But
time, medical evidence as to duration of survival is if negligence is deliberate and is really the cause of death,
merely corroborative. offender can only be held liable for physical injuries.
Possible Instruments Used by Assailant Inferred from Power of Volitional Acts of the Victim After Receiving a
Nature of Wound Fatal Blow
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(b) Presence of blood - In some cases, absence of as being of small caliber and limited range are
blood stains is due to the rapidity of the blow and used a toys. The barrel of any firearm shall be
compression of the blood vessels or blood may be considered as complete firearm for all purposes
wiped out by the clothings in the process of thereof (Section 877, Revised Administrative
withdrawal. Code)
4. From the Scene of the Crime Any person who shall shoot at another with any
firearm shall suffer the penalty of prision correccional in its
minimum and medium periods, unless the facts of the case
CHAPTER XIII are such that the act can be held to constitute frustrated or
GUNSHOT WOUNDS attempted parricide, murder, homicide or any other crime
for which higher penalty is prescribed by any of the articles
of the Code.
Death or physical injuries brought about by the powder
propelled substances may be due to the following: Classification of Small Firearms
Firearm shot - The injury is caused by the missile Small firearms are those which will propel projectile of
propelled by the explosion of the gunpowder in the less than one inch in diameter.
cartridge shell and at the rear of the missile. The
missile may be single as in the case of a pistol or 1. As to Wounding Power
revolver or multiple shots or pellets in case of a a. Low Velocity Firearm - With muzzle velocity of not
shotgun. more than 1,400 feet/second (i.e. revolver)
Detonation of high explosives as in grenades, bombs
b. High Power Firearm - 2,200 - 2500 feet/second
and mine explosion.
(i.e. military riffle)
An instrument used for the propulsion of a projectile b. Rifled Bore Firearm - The bore of the barrel has
by the expansive force of gases coming from the spiral lands and grooves which run parallel with one
burning of gunpowder another but twisted spirally from breech to muzzle
Includes rifles, muskets, shotguns, revolvers, pistols, (i.e. military rifle)
and all other deadly weapons from which a bullet, 3. As to the Manner of Firing
ball, shot, shell, or other missile may be
a. Pistol - Fired only by a single hand (i.e. revolver)
discharges by means of gunpowder or other
explosives. it also includes air rifles except such b. Rifle - Fired from shoulder (i.e. shotgun)
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When gun muzzle is pressed on the skin when fired, all of 6. Kind of Weapon:
the products of combustion primarily the muzzle blast will High power weapon has more destructive effect as
penetrate the tissues causing severe mechanical compared with low power one. The shape of the bullet
destruction on account of pressure. The explosive effect also plays an important role. Conical shape free end
will cause extensive laceration of soft tissues and fracture bullets have more piercing power without marked
of bones. tissue destruction while missiles with hemispherical
free ends are more destructive.
8. Other Consequential Effects on the Body of the Victim:
Contact Fire:
Aside from direct involvement of vital structures of the The nature and extent of the injury is caused not only
body, pressure to other organs and tissues, the gunshot by the force of the bullet but also by the gas of the
wound may be the source of hemorrhage, infection, muzzle blast and part of the body involved. The
paralysis, shock, loss of functioning etc. which may cause following factors must be taken into consideration:
disability or death on the victim.
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1. The Effectiveness of the Sealing Between the Gun a. Wound of entrance is usually large, circular and without
Muzzle and the Shin: radiating laceration.
If all the gaseous product of combustion is prevented b. Edges are everted due to outward slapping of the skin.
from being spilled out, there will be more destructive c. Singeing of the hair, blackening of the wound due to
effects on the tissues. fouling, burn, and tattooing.
d. Muzzle imprint due to outward slapping of the skin and
2. The Amount of Gas Liberated by the Combustion of heat.
the Propellant: e. Pinkish color of the deeper structures due to carbon
The greater is the amount of gas in a confined area, monoxide.
the greater will be the tissue destruction.
Loose Contact or Near Fire:
3. Nature of Bullet: Bigger caliber bullet is obviously
more destructive than smaller ones. 1. Entrance wound may be large circular or oval depending
upon the angle of approach of the bullet.
4. Part of the Body Involved: The nature, character 2. Abrasion collar or ring is distinct.
and extent of injury in contact fire is different 3. Smudging, burning and tattooing are prominent with
(1) when the bone is superficially located under the singeing of the hair.
skin, and (2) when the bone is deeply located in loose 4. Muzzle imprint may be seen depending upon the degree
or soft parts of the body. of slapping of the skin of the gun muzzle.
5. There is blackening of the bullet tract to a certain depth'
Pressed and Firm Contact Fire: 6.Carboxyhemoglobinispresentinthewoundandsurrounding
areas.
1. On Parts of the Body Where Bone is Superficial:
This is commonly observed on the head where Short Range Fire (1 to 15 cm. distance)
the skull is just underneath the scalp. The Medium Range Fire (more than 15 cm. but less than 60
following are the characteristics of the injuries: cm)
Fired More Than 60 cm. Distance
a. The wound of entrance is large, frequently
star-shaped
b. Edges of the wound may be everted. Instances When the Size of the Wound of Entrance Do
c. Areas in the entrance wound is blackened by Not Approximate the Caliber of the Firearm:
burns, tattooing and smudging.
d. Muzzle imprint, Barrel impression (Profile of In distant fire, the rule is that the diameter of the gunshot
the muzzle) on the skin wound of entrance is almost the same as the caliber of the
e. The bullet may cause radiating fracture wounding firearm, but in the following instances, the rule is
f. Blood and tissue become pink due to carbon not followed:
monoxide.
g. Fragments of lead and bullet jacket may be 1. Factors which make the wound of entrance bigger than
found. the caliber:
Metal Fouling - When the bullet travels the a. In contact or near fire
whole length of the tight fitting barrel, it is rotated b. Deformity of the bullet which entered
by the lands and grooves. Its surface is scraped c. Bullet might have entered the skin sidewise
by the lands and the scraping is ejected from the d. Acute angular approach of the bullet -
barrel and strikes the target. It may lodge on the
clothings or may cause small abrasions or 2. Factors which make the wound of entrance smaller than
superficial lacerations on the skin around the the caliber:
main wound.
a. Fragmentation of the bullet before penetrating
h. Singeing of hair. the skin
b. Contraction of the elastic tissues of the
2. Parts of the Body Where the Bone is Deeply Located:
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In shotgun fire, the size of the wound of entrance is when the victim is lying on his back on a hard object
dependent upon the distance of the fire. Near fire causes or in small caliber shots the wound of exit tends to be
concentration of entry of the pellets, and as distance circular or nearly circular with abrasion at its border. It
increases the pellets disperse with individual pellets is also observed that tight-fitting clothings, waist band,
causing individual wounds of entry. Only in this instance belt collar, brassiere may also support the skin to
may the wound of entrance of the same size as the gauge enhance formation of a circular wound of exit.
of the shotgun pellets.
Distinction Between Gunshot Wound of Entrance and
Other Pieces of Evidence or Findings Used to Wound ot Exit:
Determine Entrance of Gunshot:
Entrance Wound
1. Examination of the clothing, if involved in the Exit Wound
course of the bullet Appears to be smaller than Always bigger than the
2. Examination of the internal injuries caused by the the missile owing to the missile
bullet elasticity of the tissue
3. Testimony of witnesses: Edges are inverted. Edges are everted
Usually oval or round It does not manifest any
Determination of the Traiectory of the Bullet Inside the depending upon the angle definite shape
Body of the Victim: of approach finite shape of
the bullet.
1. External Examination : "Contusion collar" or ―Contusion‖ is absent
"Contact ring is present due
a. Shape of the Wound of Entrance to the invagination of the
b. Shape and Distribution of the Contusion or skin and spinning of missile
Abrasion Collar
c. Difference in Level Between the Entrance and Tattooing or smudging may Always absent..
Exit Wounds be present when firing is
d. By Probing the Wound of Entrance near
Underlying tissues are not Underlying tissues may be
2. Internal Examination : protruding. seen protruding from the
wound.
a. Actual Dissection and Tracing the Course of the
Wound at Autopsy Paraffin test may be positive Paraffin test always
b. Fracture of Bones and Course in Visceral Organs negative.
c. Location of Bone Fragments and Lead Particles
d. X-ray examination
The "Odd and Even Rule" in Gunshot Wounds:
Exit (Outshoot) Wound: An exit wound does not
show characteristic shape unlike the wound of If the number of gunshot wounds of entrance and exit
entrance. It may be slit-like, stellate, irregular or even found in the body of the victim is even the presumption is
similar to the wound of entrance. This is due to the that no bullet is lodged in the body, but if the number of the
absence of external support beyond the skin so the gunshot wounds of entrance and exit is odd, the
bullet tends to tear or shatter the skin while sufficient presumption is that one or more bullets might have been
amount of kinetic energy is still in the bullet during the lodged in the body. The rule is merely presumptive and
process of piercing the skin. actual inspection and autopsy will verify the truth of the
Variation on the shape of the wound of exit may be presumption. It may be possible that all of those wounds or
attributable to the deformity of the bullet in its passage a majority of them are entrance wounds with some bullets
in the body and to the wabbling and stumbling lodged, yet the number may still be even.
movement of the bullet during its course and
fragmentation of the missiles. How to Determine the Number of Fires Made by the
Offender:
Shored Gunshot wound of Exit - If the place where the
gunshot wound of exit is pressed on a hard object as
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l. Determination of the Number of Spent Shells: hitting the bone the course is deflected to have the wound
2. Determination of Entrance Wounds in the Body of the of entrance as the wound of exit
Victim
3. Number of Shots Heard by Witnesses Determining whether the wound is Ante mortem or
postmortem:
Instances when the Number of Gunshot wounds of
Entrance is Less than the Number of Gunshot Wounds If the wounds inflicted after death show no evidence of
of Exit in the Body of the Victim: profuse hemorrhage, or there are signs of vital reactions in
the tissue, then the gunshot wound is ante-mortem.
1. A bullet might have entered the body but split Wounds inflicted after death show no evidence of profuse
into several fragments, each of which made a hemorrhage, no retraction of the edges, and there are no
separate exit. vital reactions.
2. One of the bullets might have entered a natural Problems confronting Forensic physician in the
orifice of the body, e.g. mouth, nostrils, thereby making it identification of Gunshot Wounds:
not visible and then producing a wound of exit.
1. Alteration of the Lesion Due to Natural process
3. There might be two or more bullets which 2. Medical and Surgical Intervention
entered the body through a common entrance and later 3. Embalming
making individual exit wounds. 4. Problem Inherent to the Injury itself
6. X-ray Examination The use of an X-ray is almost
4. In near shot with a shotgun, the pellets might indispensable in the examination of gunshot injuries. The
have entered in a common wound and later use of the apparatus will facilitate recovery of the lodged
dispersed while inside the body and making bullet together with the location of its fragments
separate wounds of exit.
Special Consideration on Bullets:
Instances when the Number of Gunshot wounds of L. Souvenir Bullet: Bullet has been lodged and has
Entrance is More than the Number of Gunshot Wounds remained in the body. Its long presence causes the
of Exit in the Body of the Victim: development of a dense fibrous tissue capsule around the
bullet causing no untoward effect. It may be located just
1. When one or more bullets are not through and through underneath the skin to be easily palpated and may cause
and the bullet is lodged in the bodY. 'inconvenience and irritation. Deep seated location may not
cause any problem to warrant its immediate removal.
2. When alt of the bullets produce through and through
wounds but one or more made an exit in the natural orifices 2. Bullet Migration: Bullet that is not lodged in a place
of the body where it was previously located. A bullet which strikes the
neck may enter the air passage, and it may be coughed out
3. When different shots produced different wounds of or swallowed and recovered in the stomach or intestine.
entrance but two or more shots produced a common exit
wound Bullets Embolism - a special form of bullet migration when
the bullet loses its momentum u'hile inside the charnber of
Instances when there is No Gunshot wound of Exit but the heart or inside the big blood vessels and carried by the
the Bullet is Not Found in the Body of the Victim: circulating blood to some parts of the body where it may be
lodged. It may cause sudden loss of function of the area
1. When the bullet is lodged in the gastro-intestinal tract supplied or death if vital organs are involved.
and expelled through the bowel, or lodged in the pharynx
and expelled through the mouth by coughing. 3. Tandem Bullet: Two or more bullets leaving the barrel
one after another. In cases of misfire or a defect in the
2. Near fire with a blank cartridge produced a wound of cartridge, the bullet may be lodged in ihe barrel and a
entrance but no slug may be recovered. succeeding shot may cause the initial and the succeeding
bullet to travel in tandem. There is a strong possibility for
3. The bullet may enter the wound of entrance and upon them to enter the target in a common hole. This might
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create doubt to the statement made by the firer that he 13. no disturbance in the place of death
made only a single shot, but ballistic examination can show
as to whether the bullet travelled in tandem. Russian Roulette:
-agreement among persons to load a revolver with live
GUNSHOT WOUNDS MAY BE SUICIDAL, HOMICIDAL cartridge; each member will cock and pull trigger with
OR ACCIDENTAL muzzle directed to the temple or other vital parts; the
person who will pull trigger with live cartridge in the firing
Pieces of evidence that tend to show that the Gunshot(s) chamber will suffer the fatal consequence
wound is Suicidal: -may be considered suicidal
1. The shot was fired in a closed or locked room' usually in Evidences to show the gunshot wound is homicidal:
the office or bedroom. 1. no point of election in he wound entrance
2. fire is made when victim is at some distance
2. The death weapon is almost always found near the
place where the victim was found.
3. defense wounds (signs of struggle)
4. disturbance of the surroundings
3. The strot was fired with the muzzle of the gun in contact 5. wounding firearm cannot be found at crime scene
with the part of the body involved or at close range. The 6. witness testimony
wound of entrance may show signs of muzzle impression,
burning, smudging and tattooing. Evidences to show that the wound is accidental:
1. usually one shot
4. The location of the gunshot wound of entrance is in an 2. no special area of body involved
accessible part of the body to the wounding hand. It may
3. determination of relative position of victim and
be at the temple, roof of the mouth, precordial or epigastric assailant
region. A person committing suicide wilI do the act in his
most convenient way, unless he has the intention of
4. witness testimony
deceiving the investigator.
Points to be considered and included in the report of
5. The shot is usually solitary. If the shot is made on the the physician:
head involving the brain, the shocking effect of the injury 1. complete description of wound of entrance and exit
will not make him capable of firing another shot. However, 2. location of the wound
shots in some parts of the body which may not produce 3. direction and length of bullet tract
immediate death cir sudden loss of consciousness, the 4. organs or tissues involved
possibility of additional shots is not remote 5. location of missile, if lodges in the body
6. The direction of the fire is compatible with the usual 6. diagram and other illustration showing location of
trajectory of the bullet considering the hand used and the wounds
part of the body involved.
Questions that a physician is expected to answer in
7. Personal history may reveal social, economic, business court:
or marital problem which the victim cannot solve. He may 1. Could the wound be inflicted by the weapon?
have history of mental disease, depression, severe 2. At what range was it fired?
frustration or previous attempt of self-destruction. 3. Direction of the fire
4. Possibility that gunshot wounds are self-inflicted
8. Examination of the hand of the victim may show 5. Signs of struggle
presence of gunpowder.
6. Possibility of the victim to fire or resist the attack after
9. Entrance wound do not usually involve clothings. being injured
7. Did the victim die instantaneously?
11. victim’s fingerprints on butt 8. Relative position of assailant and victim
12. place where the shot took place may reveal suicide Can the Caliber of the Wounding Firearm be
note determined from the size of the gunshot wound of
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entrance? Yes. The caliber may be inferred from the *It is not possible to determine the direction of the shot
diameter of the gunshot wound. from the direction of the sound UNLESS that flash or the
person firing the shot is seen at that time.
Determination of the Length of Survival of the Victim:
1. nature of wound *It is impossible to distinguish and memorise the report
2. organs involved from two firearm of the came caliber.
3. presence or absence of infection
*It may be possible for a person who is accustomed to
4. amount of blood loss sound of firearms of different calibers to identify firearm by
5. physical condition of victim the sound produced.
Capacity of the Victim to Perform Volitional Acts: Gunshot wound may not be a near fire:
Depends upon the following: 1. when a device is set up to hold the firearm
1. area of body involved 2. clothings are interposed between the victim and the
2. vital organs involved firearm
3. resistance of victim 3. failure of examining physician to distinguish between a
*Injuries in the brain and spinal cord which cause near or far shot wound
incapacity to do voluntary acts negates the capacity. 4. product of a near shot wound has been washed out of
the wound
Determination as to length of time a firearm had been
fired: X-ray examinations may:
1. Odor of the gas inside the barrel 1. facilitate location of bullet
*mixture of gases has peculiar characteristic
order which is noticeable several hours afar
2. reveal fragmentation and location
discharge. Later, the odor will disappear as 3. show bone involvement
gases usually evaporate or chemical transform to doorless 4. reveal trajectory of bullet
compounds 5. show effects of bullet wound and other injuries
2. Chemical changes inside the barrel
3. Evidence that may be deduced from the wound SHOTGUN WOUNDS
1. age of wound
2. degree of healing Shotgun- shoulder-fired firearm having a barrel that is
3. degree of infection smooth-bored
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supply of oxygen to the blood or to the tissues or both has 3. Apneic Phase: is due to the paralysis of the
been reduced below normal level. respiratory center of the brain. The breathing
shallow and gasping and the rate becomes
Types of death by Asphyxia: slower till death. The heart later fails.
1. Anoxic Death: associated with failure of the
arterial blood to become normally saturated with Classification of Asphyxia:
oxygen may be due to :
a. High altitude 1. Hanging
b. Traumatic crush asphyxia 2. Strangulation:
c. Paralysis of the respiratory centerdue a. By ligature
to poisoning, injury or anesthesia, etc. b. Manual strangulation or throattling
d. Mechanical interference with the c. Special forms of strangulations:
passage of air into or down the i. Palmar strangulation
respiratory tract due to: ii. Garroting
i. Closure of external iii. Mugging or yoking
respiratory ortifice iv. Compression of the neck with
ii. Obstruction of air passage stick
iii. Respiratory abnormalities 3. Suffocation:
e. shutting blood from the right side of the a. Closing the mouth and nostrils by solid
heart to the left without passage object
through the lungs b. Choking or closing of the air passage
2. Anemic Anoxic Death: this is due to a by the obstruction of its lumen
decreased capacity of the blood to carry oxygen. 4. asphyxia by submersion or drowning.
This condition may be due severe hemorrhage, 5. Asphyxia by pressure on the chest
poisoning, or low hemoglobin level in the blood. 6. Asphyxia by irrespirable gases
3. Stagnant Anoxic Death: this is brought about by
the failure of circulation which may be due to
heart failure, shock, or arterial and venous Asphyxia By Hanging: is a form of violent death brought
obstruction. about by the suspension of the body by a ligature which
4. Histotoxic Anoxic Death: this is due o the encircles the neck and the constricting force is the weight
failure of the circulation of the cellular oxidatives of the body. The victim may be sitting or lying with the face
process, although the oxygen is delivered to the down provided that the pressure is present in front or in the
tissues, it cannot be utilized properly. Cyanide side of the neck.
and alcohol is common agents responsible.
Classification of asphyxia by hanging:
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3. Difficulty of breathing and swallowing c. Place the patient where there is free
4. Sensation of number ness of both legs. current of fresh air
All the above symptoms may last for 12 days after rescue. d. Electrical stimulation of the phrenic
nerve
Cause of Death in Hanging e. Administration of respiratory stimulant,
like ammonia.
1. Simple asphyxia by blocking the air passage 2. Stimulate the heart to renew action if it ceases to
2. Congestion of the venous blood vessel in the beat.
brain a. Apply heat at the region of the
3. Lack of arterial blood in the brain due to pressure precordium
on the carotid arteries b. Hypodermic injection of coramine,
4. Syncope due to pressure on the vagus and strychnine, or other stimulants
carotid sinus which leads to reflex irritation and c. Administration of brandy.
paralysis of the medullary autonomic centers 3. Maintain the natural body temperature
5. Injury on the spinal column and spinal cord. a. Cover the body with blanket
6. Any combination of the above b. Place the patient in a warm room
Time Required in the Process of Death Post mortem findings in death by hanging
Time is influenced by the following: 1. General External Appearance
a. Neck elongated and stretched with the
1. Severity of the constricting force head inclined on the side opposite the
If the constricting force is only sufficient to knot or noose
occlude the windpipe, death may be delayed; but b. Eyes closed or partially opened with
if the pressure is sufficient to occlude the carotid pupils usually dialted on one side and
arteries, jugular veins and vagus nerve, then small on the other side (facies
unconsciousness develops immediately and sympathetic)
death is accelerated. c. Lividity or pallor of the face with
2. Point of application of the ligature swelling and protrusion of the tongue
d. Hands are clenched firmly and purple
When the ligature is made below the larynx,
death is almost instantaneous, but when applied colored fingernails
e. Lips livid or blue
above the larynx, death may not occur for three f. Saliva dribbled from the mouth with
to five minutes. Hanging with the knot situated on
froth
one side of the neck may delay death because of g. State of erection or semi erection of the
closure of cerebral vessels cannot be
penis with seminal flued in the urethral
maintained. If knot is below the jaw, maximum
pressure is at the back of the neck cause merely meatus
h. Post mortem lividity with ecchymosis
partial occlusion of the windpipe and blood are mostly marked at the legs
vessels of the neck, thereby delaying death.
i. Urination or defecation due to the loss
3. Other factors of power of sphincter muscles.
a. Physical condition of the subject 2. Internal Findings:
b. The rate of consumption of oxygen in a. Engorgement of the lungs
the blood and tissues. b. Venous system contains dark-colored
Treatment fluid blood.
c. Right side of the heart and the big
1. Induce the natural act of respiration blood vessels connected with it are
a. Ligature must be loosened and mouth distended with blood.
msut be wiped to remove all obstacle d. Blood vessels of the brain is generally
to free air. congested.
b. Tongue must be pulled forward and the e. Kidneys are congested.
body must be laid on back rest.
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f. Sub-pleural, sub-pericardial punction It is advisable to look for other injuries which are capable of
hemorrhages producing death to eliminate the possibility of hanging as
3. Findings on the neck: the cause of death.
a. Neck is flexed opposite the side where
the knot is located. Determinations whether hanging is accidental, homicidal or
b. Ligature mark which forms groove is suicidal
about or rather leass than the knot.
c. The course of the ligature is inverted v- 1. Evidence in support of homicidal hanging
shape with the apex of the v at the site a. Nature of windows and doors - whether
of the knot. entrance was forcibly opened or have
d. The skin at the site of the ligature is been used as an escape by the
hard with red line of congestion and offender in homicide case
hemorrhage in some points. b. Presence of signs of struggle- furniture
e. Ecchymosis of the neck depends upon and beddings may be disturbed
the width and softness of the ligature. whenever there is a previous struggle.
f. There may be rapture of the underlying c. Presence of stains, bodily injuries in
blood vessels, muscles and other soft the body of the victim
tissue d. Presence of defense wounds in the
g. The lining membrane of the blood body of the victim
vessels may be lacerated.
h. Fracture of the hyoid bone or tracheal
rings. ―Lynching‖ a form of homicidal hanging usually
found in southern states of US. Usually practiced
by Americans against the Negros who commit
Different diagnosis: crime against the white American. Whenever
colored offenders are apprehended, they are
1. Fold markings on the neck of an obese individual hanged by means of a rope on a tree or some
– the marks are not continuous and removed on similar objects. The Negroes are executed
stretching the skin of the neck without due process of the law.
2. Marks of tight neckwear – the location and
history will differentiate this from ligature marks. B. Asphyxia by Strangulation
Strangulation by Ligature:
Determinations Whether Hanging is Ante Mortem or Post It is produced by compression of the neck by
Mortem means of a ligature which is tightened by a force other than
the weight of the body.
The principal criterion is the vital reaction. But, It may be observed in infanticide using the
hanging made immediately after death may also show to a umbilical cord as the constricting material. This must be
certain extent vital reaction, while hanging of a living differentiated from accidental strangulation during child
subject whose bodily resistance has been markedly birth, the umbilical cord is abnormally long and there is no
weakened may show slight vital reaction disturbance in the wharton's jelly.
Strangulation by ligature is commonly observed
in rape cases, but the presence of findings in the genitalia
and other physical injuries are distinctive findings.
The following finding show that hanging is ante mortem
Causes of Death in Strangulation by Ligature
1. redness or ecchymosis at the site of ligature 1. Asphyxia due to the occlusion of the windpipe.
2. ecchymosis of the pharynx and epiglottis 2. Coma due to arrest of cerebral circulation.
3. line of redness or rupture if the intima of the 3. Shock or syncope.
carotid artery 4. Inhibition of the respiratory center due to the pressure
4. subpleural, subepicardial punctiform on the vagus and sympathetic nerves.
hemorrhages
Accidental, Homicidal or Suicidal Strangulation by Ligature
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Homicidal strangulation is the most common of This is a form of strangulation with the assailant
the three forms of strangulation by ligature. Aside from the standing at the back and the forearm is applied in front of
ligature mark in the neck, there are evidence of struggle or the neck.
marks of violence in other parts of the body. 4. Compression of the Neck with a Stick
Suicidal strangulation by ligature is quite rare. It The victim may be forced to place his back
may be done by placing a ligature around the neck and behind a post.
tightened by means of twisting a piece of stick.
There are a few instances of strangulation which C. Asphyxia by Suffocation
are accidental and most of the victims are children or
epileptics who are helpless and incapable of extricating Asphyxia by suffocation is exclusion of air from
themselves. the lungs by closure of air openings or obstruction of the air
passageway from the external openings to the air sacs.
Manual Strangulation or Throttling
This is a form of asphyxial death whereby the Smothering
constricting force applied in the neck is the hand. This is a form of asphyxial death caused by the
closing of the external respiratory orifices, either by the use
Methods of Throttling of the hand or by some other means. The nostrils and
1. Using one hand mouth may be blocked by the introduction of foreign
2. Using both hands with assailant in front substances, like mud, paper, cloth, etc.
3. Using both hands with assailant at the back Suicidal smothering by means of his own hand is
not possible
Manners of Death in Manual Strangling Homicidal and accidental smothering is frequent.
1. The air passage may be blocked and death is due to It may occur when a person is under the influence of
asphyxia alcohol, epilepsy or in any other helpless state. It is
2. The pressure on the neck may cause compression of common among children.
the blood vessels and disturb the blood supply of the Examples: overlaying, accidental smothering of epileptic,
brain gagging, plastic bag suffocation
3. The nerves of the neck may be traumatized especially
the superior laryngeal branch of the glossipharyngal, Choking
hypoglossal nerves and the plexus surrounding This is a form of suffocation brought about by the
Bifurcation of the common carotid artery or of the impaction of foreign body in the respiratory passage. Most
vagus producing shock. of suffocation by choking is accidental, although it may be
utilized in suicide or in homicide.
Accidental, Homicidal or Suicidal Manual Strangulation
1. Suicidal throttling is impossible because of the D. Asphyxia by Submersion or Drowning
pressure of the person's own hand must be
maintained for sometime but when unconsciousness This is a form of asphyxia wherein the nostrils
begins, the hands are relaxed and the victim recovers. and mouth has been submerged in any watery, viscid or
2. Accidental throttling may occur but the victim never pultaceous fluid for a time to prevent the free entrance of
died of asphyxia but of other causes. air into the air passage and lungs.
3. Homicidal manual strangulation is the most common.
It is a method of choice in infanticide. Time Required for Death in Drowning
Submersion for 1-1/2 minutes is considered fatal,
Special Forms of Strangulation if ordinary efforts for respiration is made, however, a
1. Palmar Strangulation person may survive even after 4 minutes of submersion.
The palm of the hand of the offender is pressed The average time required for death in drowning is 2 to 5
in front of the neck without employing fingers. minutes.
2. Garroting
A ligature, a metal collar or a bowstring is placed Emergency Treatment in Drowning
around the neck and tightened at the back. Remove the bodily clothings especially the tight
3. Mugging (strangle-hold) ones and wrap the body with blanket. Place the face down
and perform artificial respiration, using any of the following
methods: Schaefer's Method or Sylvester's Method.
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Snake venom toxicity will depend on:
and hemorrhagic effect
a. Potency of venom injected o Produces only one punctured
wound on the center of a
b. The amount of venom depends on the season reddened area
of the year and the length of time the o Main symptoms are pain
edema and reddening
snake has eaten. If a snake has just killed his
prey, the toxic content is smaller
Coelenterate Sting (jellyfish)
c. Size of Patient o The tentacles penetrate into
the skin and cause explosion
d. The immediate treatment instituted of the nematocyst and
liberation of the venom
o Symptoms are extreme pain,
Snake venoms are of two principal classes: urticarial rash, abdominal
pain, dilated pupils, paleness
a. Neurotoxic - primarily paralyzes the respiratory and labored breathing
and cardiac center of the
brain. May cause nausea,
vomiting, ascending 6. Absence of medical or surgical intervention:
paralysis, coma,
convulsion, and cardiac A wound may not be fatal, but because of
neglect in its management it may become
and respiratory arrest.
serious or fatal
b. Hematoxic - affects particularly the blood. The
manifestations are pain and
swelling of the affected Fatal Effect of Wounds:
area, intravascular 1. Wound may be directly fatal by reason of:
hemolysis, abdominal pain,
nausea, vomiting, petechial a. Hemorrhage
hemorrhage on the gum,
pulmonary and cardiac Incised wound on carotid artery without
edema. surgical intervention is fatal
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3. Changes where a
c. Scarring Effect definite
Chronic gonorrheal infection may pathological
condition was
cause stricture or urethra
7 present before the
148 injury
d. Secondary Shock Ex: A person
suffering from
suffering from
Nature or death due to secondary shock tumor or cyst and
was stabbed by
- A person may have recovered someone. The stab
from the immediate effects of the is not capable of
trauma or violence, but may later producing death
die of its secondary effects or ordinarily. The
changes person may die of
the pathological
condition and the
These changes may be classified accused is liable
as follows: for his death
1. Changes whose
natural sequence
are direct and 4. Changes where a
obvious definite
Ex: Septicimia, pathological
tetanus or condition of totally
complications different nature
arising from arises after the
wounds wounding and the
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Kinds of Hemorrhage:
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sudden block to the blood flow in148
the finer Capacity for regeneration decreases as age
arterioles and capillaries increases
State of nutrition of the individual affects
capacity or regeneration
The most common emboli in the blood
stream are:
The following regenerates rapidly:
a. Fat Embolus
Causes of Fat Embolus: a. Connective tissues
o By injection of oily b. Blood forming tissues
substance into the c. Surface epithelium of the skin
circulation
o By injury of the
adipose tissue Those having no power or limited capacity to
which forces fat regenerate:
into the circulation
a. Highly specialized glandular epithelium
b. Smooth muscle
b. Air Embolism c. Neurons of the central nervous system
Causes of Air Embolism:
o Gaping incised
wound of the jugular Small clean-cut wound is covered with
vein lymph in 36 hours
o Injection of The edges adhere in two days and wound
soapsuds or air into heals on the 7th day leaving a linear scar
pregnant uterus for Larger incised wound shows swelling of the
the purpose of edges 8 to 12 hours
tubal insuflation or Blood-stained serum is present in 2 days
criminal abortion which afterwards become seropurulent on
o Injection of air into the 3rd day, lasting in state from 4 to 5 days
the urinary bladder for Small red granulation forms in 12 to 15 days
radiological study and the epithelium grows from the edges
o Insuflation of the Scar develops later
other non-potent tubes
or hollow organs
o Injection of air Healing of Wounds
under pressure into
the nasal sinus The time of healing wounds is dependent on the
after a therapeutic following: vascularity, age of person, degree of rest or
lavage immobilization and nature of the injury.
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return after a lapse of one month with or without the cuts, hair and other foreign bodies in the scene; (c)
formation of a scar. witnesses to the incident; (d) wounding instrument;
(e) photography, sketching or accurate description of
b. Healing by Secondary Intention the scene of the crime for preservation
It take place when the injury causes more extensive
loss of cells and tissues. Inflammatory reaction is more 2. Examination of the Wounded Body
intense and granulation tissue growth bears all the
responsibility for its closure. Production of a large scar
and greater loss of skin appendages (hair, sweat and Living Victim Dead Victim
sebaceous glands) and slower reparative process may Age of the wound from degree
occur. of healing
Weapon used
c. Aberrated Healing Process Reasons for multiplicity of
wounds
In some instances, healing process may deviate from Whether injury is accidental, suicidal
the normal way on a normal individual and may result or homicidal
to: Ante-mortem or post-
Dangerous to life of injury
(1) Formation of Excessive Granulation Tissue or mortem wound
Permanent deformity
"Proud Flesh" - It may prevent the closing of wound and 7 Mortal or non-mortal wound
can be remedied by excision or cautery. 148 caused by injury
Presence of disease or
(2) Keloid Formation - It is the a large bulging tumorous abnormal development at
Shock produced by wounds time of wounding which
scar produced by an abnormal amount of collagen in the
connective tissue. may accelerate death
Complications produced by Cause of wound (accident,
(3) Stricture - It is the contraction of the fibrous tissue of injury suicide, homicide)
the scar formed.
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Conditions of the Locality - (a) degree of hemorrhage; and cellular tissues not clot
(b) evidence of struggle; (c) position of the body; removed by washing
(d) presence of suicide note; (e) condition of Edges and cellular tissues
weapon. Edges gape owing to the are not deeply stained and
reaction of the skin and can be removed by
muscle fibers washing.
Factors in Determining Whether Wounds were Inflicted
During Life or After Death Edges do not gape but are
closely approximated to
1. Hemorrhage is more profuse when the wound was Inflammation and reparative
processes each other unless wound is
inflicted during lifetime. If wounds are inflicted after caused within one or two
death, the amount of bleeding is comparatively less hours after death.
due to loss of tone of blood vessels, absence of heart No inflammation or
action and post-mortem clotting of blood. Violence reparative processes
upon a living body may not show bruise until after
death.
Factors in Determining Whether Wound is Homicidal,
Suicidal or Accidental
2. Signs of Inflammation such as pus, adhesion of the
edges and other vital reactions may be present 1. Nature of the wound inflicted
whenever the wound was inflicted during lifetime Abrasions - extensive in accidental death, rare in
although they may be less pronounced when suicidal, not common in murder unless the
resistance of the victim is markedly weakened. Post- body is dragged on the ground, common in
mortem wounds do not show any manifesting signs homicide especially when victim offered some
of vital reaction. degree of resistance.
Contusion - rare in suicide unless done by
jumping from a height, may be found in
3. Signs of Repair such as fibrin formation, growth of accidental death often due to a fall or forcible
epithelium, scab or scar formation conclusively show
contact with some hard object.
that wound was inflicted during lifetime. But absence Incised wound - common in suicide and
of such does not show wound was inflicted after homicide. Accidental cuts are frequent
death since the tissue may not have been given everyday occurrences but rarely cause of
ample time to repair before death took place.
death.
2. External signs and position and attitude of the body
4. Retraction of the Edges of the Wound inflicted during when found
life cause gaping of the wound while in case of 3. Location of the weapon or manner it is held
wound inflicted after, edges do not gape and are 4. Motive
closely approximated to each other. 5. Personal character of the deceased
6. Other information such as:
Signs of struggle - Its absence is more in suicide,
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148
Distinction between Ante-Mortem and Post-Mortem accident or murder. Presence of hair or portion
Wounds of skin on nails of assailant or deceased
Number and direction of wound - Multiple
Ante- Post- wounds in concealed parts of the body are
Mortem Mortem indicative of homicide. Single wound in a
Wound Wound position the deceased could have been
Hemorrhage more or less conveniently inflicted is suicidal. In cut-throat,
copious and generally Hemorrhage slight or none generally transverse in homicide while oblique
at all and always venous in suicide.
arterial
Marks of spouting of blood Nature and extent of wound - Homicidal wounds
from arteries No spouting of blood may be caused by any wounding instrument
Deep staining of the edges Blood is not clotted or a soft while suicidal wounds are due to sharp
instruments.
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State of clothings - Usually no change in its Determining which of the wounds were inflicted first
condition in suicide while it may be in disorderly depends on relative position of the parties, trajectory
position due to struggle in homicide. of the wound inside the body, organs involved and
degree of injury, testimony of witnesses and
presence of defense wounds.
Factors in Determining Length of Time of Survival of the
Victim After Infliction of the Wound
Effect of Medical and Surgical Intervention on the Death
1. Degree of Healing
Signs of repair appear in less than a day after 1. If death occurred after medical intervention, offender is
infliction of injury. By the degree of the granulation of still liable provided (1) death is shown to be inevitable and
tissue formation and other reparative changes, the even without intervention, death is a normal and direct
age of the wound may be estimated. consequence; (2) physician must be competent and
exercised care and diligence.
2. Changes in the Body
Systemic changes such as degree of wasting, 2. Minor wounds were received by victim but death resulted
anemia, condition of the face and bed sore formation on account of gross incompetence or negligence of
may provide for a basis. physician, offender is liable only for the physical injuries
inflicted.
3. Age of the Blood Stain
It may be determined from the physical color Effect of Negligence of the Injured on the Death
changes of the skin although it is not reliable.
Negligence of the victim in the proper care and
4. Testimony of the Witnesses treatment of the injury will not exonerate the offender since
In cases where witnesses testify as to the exact he is not bound to submit himself to medical treatment. But
time, medical evidence as to duration of survival is if negligence is deliberate and is really the cause of death,
merely corroborative. offender can only be held liable for physical injuries.
Possible Instruments Used by Assailant Inferred from Power of Volitional Acts of the Victim After Receiving a
Nature of Wound Fatal Blow
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(b) Presence of blood - In some cases, absence of as being of small caliber and limited range are
blood stains is due to the rapidity of the blow and used a toys. The barrel of any firearm shall be
compression of the blood vessels or blood may be considered as complete firearm for all purposes
wiped out by the clothings in the process of thereof (Section 877, Revised Administrative
withdrawal. Code)
4. From the Scene of the Crime Any person who shall shoot at another with any
firearm shall suffer the penalty of prision correccional in its
minimum and medium periods, unless the facts of the case
CHAPTER XIII are such that the act can be held to constitute frustrated or
GUNSHOT WOUNDS attempted parricide, murder, homicide or any other crime
for which higher penalty is prescribed by any of the articles
of the Code.
Death or physical injuries brought about by the powder
propelled substances may be due to the following: Classification of Small Firearms
Firearm shot - The injury is caused by the missile Small firearms are those which will propel projectile of
propelled by the explosion of the gunpowder in the less than one inch in diameter.
cartridge shell and at the rear of the missile. The
missile may be single as in the case of a pistol or 1. As to Wounding Power
revolver or multiple shots or pellets in case of a a. Low Velocity Firearm - With muzzle velocity of not
shotgun. more than 1,400 feet/second (i.e. revolver)
Detonation of high explosives as in grenades, bombs
b. High Power Firearm - 2,200 - 2500 feet/second
and mine explosion.
(i.e. military riffle)
An instrument used for the propulsion of a projectile b. Rifled Bore Firearm - The bore of the barrel has
by the expansive force of gases coming from the spiral lands and grooves which run parallel with one
burning of gunpowder another but twisted spirally from breech to muzzle
Includes rifles, muskets, shotguns, revolvers, pistols, (i.e. military rifle)
and all other deadly weapons from which a bullet, 3. As to the Manner of Firing
ball, shot, shell, or other missile may be
a. Pistol - Fired only by a single hand (i.e. revolver)
discharges by means of gunpowder or other
explosives. it also includes air rifles except such b. Rifle - Fired from shoulder (i.e. shotgun)
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When gun muzzle is pressed on the skin when fired, all of 6. Kind of Weapon:
the products of combustion primarily the muzzle blast will High power weapon has more destructive effect as
penetrate the tissues causing severe mechanical compared with low power one. The shape of the bullet
destruction on account of pressure. The explosive effect also plays an important role. Conical shape free end
will cause extensive laceration of soft tissues and fracture bullets have more piercing power without marked
of bones. tissue destruction while missiles with hemispherical
free ends are more destructive.
8. Other Consequential Effects on the Body of the Victim:
Contact Fire:
Aside from direct involvement of vital structures of the The nature and extent of the injury is caused not only
body, pressure to other organs and tissues, the gunshot by the force of the bullet but also by the gas of the
wound may be the source of hemorrhage, infection, muzzle blast and part of the body involved. The
paralysis, shock, loss of functioning etc. which may cause following factors must be taken into consideration:
disability or death on the victim.
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1. The Effectiveness of the Sealing Between the Gun a. Wound of entrance is usually large, circular and without
Muzzle and the Shin: radiating laceration.
If all the gaseous product of combustion is prevented b. Edges are everted due to outward slapping of the skin.
from being spilled out, there will be more destructive c. Singeing of the hair, blackening of the wound due to
effects on the tissues. fouling, burn, and tattooing.
d. Muzzle imprint due to outward slapping of the skin and
2. The Amount of Gas Liberated by the Combustion of heat.
the Propellant: e. Pinkish color of the deeper structures due to carbon
The greater is the amount of gas in a confined area, monoxide.
the greater will be the tissue destruction.
Loose Contact or Near Fire:
3. Nature of Bullet: Bigger caliber bullet is obviously
more destructive than smaller ones. 1. Entrance wound may be large circular or oval depending
upon the angle of approach of the bullet.
4. Part of the Body Involved: The nature, character 2. Abrasion collar or ring is distinct.
and extent of injury in contact fire is different 3. Smudging, burning and tattooing are prominent with
(1) when the bone is superficially located under the singeing of the hair.
skin, and (2) when the bone is deeply located in loose 4. Muzzle imprint may be seen depending upon the degree
or soft parts of the body. of slapping of the skin of the gun muzzle.
5. There is blackening of the bullet tract to a certain depth'
Pressed and Firm Contact Fire: 6.Carboxyhemoglobinispresentinthewoundandsurrounding
areas.
1. On Parts of the Body Where Bone is Superficial:
This is commonly observed on the head where Short Range Fire (1 to 15 cm. distance)
the skull is just underneath the scalp. The Medium Range Fire (more than 15 cm. but less than 60
following are the characteristics of the injuries: cm)
Fired More Than 60 cm. Distance
a. The wound of entrance is large, frequently
star-shaped
b. Edges of the wound may be everted. Instances When the Size of the Wound of Entrance Do
c. Areas in the entrance wound is blackened by Not Approximate the Caliber of the Firearm:
burns, tattooing and smudging.
d. Muzzle imprint, Barrel impression (Profile of In distant fire, the rule is that the diameter of the gunshot
the muzzle) on the skin wound of entrance is almost the same as the caliber of the
e. The bullet may cause radiating fracture wounding firearm, but in the following instances, the rule is
f. Blood and tissue become pink due to carbon not followed:
monoxide.
g. Fragments of lead and bullet jacket may be 1. Factors which make the wound of entrance bigger than
found. the caliber:
Metal Fouling - When the bullet travels the a. In contact or near fire
whole length of the tight fitting barrel, it is rotated b. Deformity of the bullet which entered
by the lands and grooves. Its surface is scraped c. Bullet might have entered the skin sidewise
by the lands and the scraping is ejected from the d. Acute angular approach of the bullet -
barrel and strikes the target. It may lodge on the
clothings or may cause small abrasions or 2. Factors which make the wound of entrance smaller than
superficial lacerations on the skin around the the caliber:
main wound.
a. Fragmentation of the bullet before penetrating
h. Singeing of hair. the skin
b. Contraction of the elastic tissues of the
2. Parts of the Body Where the Bone is Deeply Located:
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In shotgun fire, the size of the wound of entrance is when the victim is lying on his back on a hard object
dependent upon the distance of the fire. Near fire causes or in small caliber shots the wound of exit tends to be
concentration of entry of the pellets, and as distance circular or nearly circular with abrasion at its border. It
increases the pellets disperse with individual pellets 7 is also observed that tight-fitting clothings, waist band,
148
causing individual wounds of entry. Only in this instance belt collar, brassiere may also support the skin to
may the wound of entrance of the same size as the gauge enhance formation of a circular wound of exit.
of the shotgun pellets.
Distinction Between Gunshot Wound of Entrance and
Other Pieces of Evidence or Findings Used to Wound ot Exit:
Determine Entrance of Gunshot:
Entrance Wound
1. Examination of the clothing, if involved in the Exit Wound
course of the bullet Appears to be smaller than Always bigger than the
2. Examination of the internal injuries caused by the the missile owing to the missile
bullet elasticity of the tissue
3. Testimony of witnesses: Edges are inverted. Edges are everted
Usually oval or round It does not manifest any
Determination of the Traiectory of the Bullet Inside the depending upon the angle definite shape
Body of the Victim: of approach finite shape of
the bullet.
1. External Examination : "Contusion collar" or ―Contusion‖ is absent
"Contact ring is present due
a. Shape of the Wound of Entrance to the invagination of the
b. Shape and Distribution of the Contusion or skin and spinning of missile
Abrasion Collar
c. Difference in Level Between the Entrance and Tattooing or smudging may Always absent..
Exit Wounds be present when firing is
d. By Probing the Wound of Entrance near
Underlying tissues are not Underlying tissues may be
2. Internal Examination : protruding. seen protruding from the
wound.
a. Actual Dissection and Tracing the Course of the
Wound at Autopsy Paraffin test may be positive Paraffin test always
b. Fracture of Bones and Course in Visceral Organs negative.
c. Location of Bone Fragments and Lead Particles
d. X-ray examination
The "Odd and Even Rule" in Gunshot Wounds:
Exit (Outshoot) Wound: An exit wound does not
show characteristic shape unlike the wound of If the number of gunshot wounds of entrance and exit
entrance. It may be slit-like, stellate, irregular or even found in the body of the victim is even the presumption is
similar to the wound of entrance. This is due to the that no bullet is lodged in the body, but if the number of the
absence of external support beyond the skin so the gunshot wounds of entrance and exit is odd, the
bullet tends to tear or shatter the skin while sufficient presumption is that one or more bullets might have been
amount of kinetic energy is still in the bullet during the lodged in the body. The rule is merely presumptive and
process of piercing the skin. actual inspection and autopsy will verify the truth of the
Variation on the shape of the wound of exit may be presumption. It may be possible that all of those wounds or
attributable to the deformity of the bullet in its passage a majority of them are entrance wounds with some bullets
in the body and to the wabbling and stumbling lodged, yet the number may still be even.
movement of the bullet during its course and
fragmentation of the missiles. How to Determine the Number of Fires Made by the
Offender:
Shored Gunshot wound of Exit - If the place where the
gunshot wound of exit is pressed on a hard object as
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l. Determination of the Number of Spent Shells: hitting the bone the course is deflected to have the wound
2. Determination of Entrance Wounds in the Body of the of entrance as the wound of exit
Victim
3. Number of Shots Heard by Witnesses Determining whether the wound is Ante mortem or
postmortem:
Instances when the Number of Gunshot wounds of
Entrance is Less than the Number of Gunshot Wounds If the wounds inflicted after death show no evidence of
of Exit in the Body of the Victim: profuse hemorrhage, or there are signs of vital reactions in
the tissue, then the gunshot wound is ante-mortem.
1. A bullet might have entered the body but split Wounds inflicted after death show no evidence of profuse
into several fragments, each of which made a hemorrhage, no retraction of the edges, and there are no
separate exit. vital reactions.
2. One of the bullets might have entered a natural Problems confronting Forensic physician in the
orifice of the body, e.g. mouth, nostrils, thereby making it identification of Gunshot Wounds:
not visible and then producing a wound of exit.
1. Alteration of the Lesion Due to Natural process
3. There might be two or more bullets which 2. Medical and Surgical Intervention
entered the body through a common entrance and later 3. Embalming
making individual exit wounds. 4. Problem Inherent to the Injury itself
6. X-ray Examination The use of an X-ray is almost
4. In near shot with a shotgun, the pellets might indispensable in the examination of gunshot injuries. The
have entered in a common wound and later use of the apparatus will facilitate recovery of the lodged
dispersed while inside the body and making 7 bullet together with the location of its fragments
separate wounds of exit. 148
Special Consideration on Bullets:
Instances when the Number of Gunshot wounds of L. Souvenir Bullet: Bullet has been lodged and has
Entrance is More than the Number of Gunshot Wounds remained in the body. Its long presence causes the
of Exit in the Body of the Victim: development of a dense fibrous tissue capsule around the
bullet causing no untoward effect. It may be located just
1. When one or more bullets are not through and through underneath the skin to be easily palpated and may cause
and the bullet is lodged in the bodY. 'inconvenience and irritation. Deep seated location may not
cause any problem to warrant its immediate removal.
2. When alt of the bullets produce through and through
wounds but one or more made an exit in the natural orifices 2. Bullet Migration: Bullet that is not lodged in a place
of the body where it was previously located. A bullet which strikes the
neck may enter the air passage, and it may be coughed out
3. When different shots produced different wounds of or swallowed and recovered in the stomach or intestine.
entrance but two or more shots produced a common exit
wound Bullets Embolism - a special form of bullet migration when
the bullet loses its momentum u'hile inside the charnber of
Instances when there is No Gunshot wound of Exit but the heart or inside the big blood vessels and carried by the
the Bullet is Not Found in the Body of the Victim: circulating blood to some parts of the body where it may be
lodged. It may cause sudden loss of function of the area
1. When the bullet is lodged in the gastro-intestinal tract supplied or death if vital organs are involved.
and expelled through the bowel, or lodged in the pharynx
and expelled through the mouth by coughing. 3. Tandem Bullet: Two or more bullets leaving the barrel
one after another. In cases of misfire or a defect in the
2. Near fire with a blank cartridge produced a wound of cartridge, the bullet may be lodged in ihe barrel and a
entrance but no slug may be recovered. succeeding shot may cause the initial and the succeeding
bullet to travel in tandem. There is a strong possibility for
3. The bullet may enter the wound of entrance and upon them to enter the target in a common hole. This might
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create doubt to the statement made by the firer that he 13. no disturbance in the place of death
made only a single shot, but ballistic examination can show
as to whether the bullet travelled in tandem. Russian Roulette:
-agreement among persons to load a revolver with live
GUNSHOT WOUNDS MAY BE SUICIDAL, HOMICIDAL cartridge; each member will cock and pull trigger with
OR ACCIDENTAL muzzle directed to the temple or other vital parts; the
person who will pull trigger with live cartridge in the firing
Pieces of evidence that tend to show that the Gunshot(s) chamber will suffer the fatal consequence
wound is Suicidal: -may be considered suicidal
1. The shot was fired in a closed or locked room' usually in Evidences to show the gunshot wound is homicidal:
the office or bedroom. 1. no point of election in he wound entrance
2. fire is made when victim is at some distance
2. The death weapon is almost always found near the
place where the victim was found.
3. defense wounds (signs of struggle)
4. disturbance of the surroundings
3. The strot was fired with the muzzle of the gun in contact 5. wounding firearm cannot be found at crime scene
with the part of the body involved or at close range. The 6. witness testimony
wound of entrance may show signs of muzzle impression,
burning, smudging and tattooing. Evidences to show that the wound is accidental:
1. usually one shot
4. The location of the gunshot wound of entrance is in an 2. no special area of body involved
accessible part of the body to the wounding hand. It may
3. determination of relative position of victim and
be at the temple, roof of the mouth, precordial or epigastric assailant
region. A person committing suicide wilI do the act in his
most convenient way, unless he has the intention of
4. witness testimony
deceiving the investigator.
Points to be considered and included in the report of
5. The shot is usually solitary. If the shot is made on the the physician:
head involving the brain, the shocking effect of the injury 1. complete description of wound of entrance and exit
will not make him capable of firing another shot. However, 2. location of the wound
shots in some parts of the body which may not produce 3. direction and length of bullet tract
immediate death cir sudden loss of consciousness, the 4. organs or tissues involved
possibility of additional shots is not remote 5. location of missile, if lodges in the body
6. The direction of the fire is compatible with the usual 6. diagram and other illustration showing location of
trajectory of the bullet considering the hand used and the wounds
part of the body involved.
Questions that a physician is expected to answer in
7. Personal history may reveal social, economic, business court:
or marital problem which the victim cannot solve. He may 1. Could the wound be inflicted by the weapon?
have history of mental disease, depression, severe 2. At what range was it fired?
frustration or previous attempt of self-destruction. 3. Direction of the fire
7 4. Possibility that gunshot wounds are self-inflicted
8. Examination of the hand of the victim may show148 5. Signs of struggle
presence of gunpowder.
6. Possibility of the victim to fire or resist the attack after
9. Entrance wound do not usually involve clothings. being injured
7. Did the victim die instantaneously?
11. victim’s fingerprints on butt 8. Relative position of assailant and victim
12. place where the shot took place may reveal suicide Can the Caliber of the Wounding Firearm be
note determined from the size of the gunshot wound of
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entrance? Yes. The caliber may be inferred from the *It is not possible to determine the direction of the shot
diameter of the gunshot wound. from the direction of the sound UNLESS that flash or the
person firing the shot is seen at that time.
Determination of the Length of Survival of the Victim:
1. nature of wound *It is impossible to distinguish and memorise the report
2. organs involved from two firearm of the came caliber.
3. presence or absence of infection
*It may be possible for a person who is accustomed to
4. amount of blood loss sound of firearms of different calibers to identify firearm by
5. physical condition of victim the sound produced.
Capacity of the Victim to Perform Volitional Acts: Gunshot wound may not be a near fire:
Depends upon the following: 1. when a device is set up to hold the firearm
1. area of body involved 2. clothings are interposed between the victim and the
2. vital organs involved firearm
3. resistance of victim 3. failure of examining physician to distinguish between a
*Injuries in the brain and spinal cord which cause near or far shot wound
incapacity to do voluntary acts negates the capacity. 4. product of a near shot wound has been washed out of
the wound
Determination as to length of time a firearm had been
fired: X-ray examinations may:
1. Odor of the gas inside the barrel 1. facilitate location of bullet
*mixture of gases has peculiar characteristic
order which is noticeable several hours afar
2. reveal fragmentation and location
discharge. Later, the odor will disappear as 3. show bone involvement
gases usually evaporate or chemical transform to doorless 4. reveal trajectory of bullet
compounds 5. show effects of bullet wound and other injuries
2. Chemical changes inside the barrel
3. Evidence that may be deduced from the wound SHOTGUN WOUNDS
1. age of wound
2. degree of healing Shotgun- shoulder-fired firearm having a barrel that is
3. degree of infection smooth-bored
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supply of oxygen to the blood or to the tissues or both has 3. Apneic Phase: is due to the paralysis of the
been reduced below normal level. respiratory center of the brain. The breathing
shallow and gasping and the rate becomes
Types of death by Asphyxia: slower till death. The heart later fails.
1. Anoxic Death: associated with failure of the
arterial blood to become normally saturated with Classification of Asphyxia:
oxygen may be due to :
a. High altitude 1. Hanging
b. Traumatic crush asphyxia 2. Strangulation:
c. Paralysis of the respiratory centerdue a. By ligature
to poisoning, injury or anesthesia, etc. b. Manual strangulation or throattling
d. Mechanical interference with the c. Special forms of strangulations:
passage of air into or down the i. Palmar strangulation
respiratory tract due to: ii. Garroting
i. Closure of external iii. Mugging or yoking
respiratory ortifice iv. Compression of the neck with
ii. Obstruction of air passage stick
iii. Respiratory abnormalities 3. Suffocation:
e. shutting blood from the right side of the a. Closing the mouth and nostrils by solid
heart to the left without passage object
through the lungs b. Choking or closing of the air passage
2. Anemic Anoxic Death: this is due to a by the obstruction of its lumen
decreased capacity of the blood to carry oxygen. 4. asphyxia by submersion or drowning.
This condition may be due severe hemorrhage, 5. Asphyxia by pressure on the chest
poisoning, or low hemoglobin level in the blood. 6. Asphyxia by irrespirable gases
3. Stagnant Anoxic Death: this is brought about by
the failure of circulation which may be due to
heart failure, shock, or arterial and venous Asphyxia By Hanging: is a form of violent death brought
obstruction. about by the suspension of the body by a ligature which
4. Histotoxic Anoxic Death: this is due o the encircles the neck and the constricting force is the weight
failure of the circulation of the cellular oxidatives of the body. The victim may be sitting or lying with the face
process, although the oxygen is delivered to the down provided that the pressure is present in front or in the
tissues, it cannot be utilized properly. Cyanide side of the neck.
and alcohol is common agents responsible.
Classification of asphyxia by hanging:
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3. Difficulty of breathing and swallowing c. Place the patient where there is free
4. Sensation of number ness of both legs. current of fresh air
All the above symptoms may last for 12 days after rescue. d. Electrical stimulation of the phrenic
nerve
Cause of Death in Hanging e. Administration of respiratory stimulant,
like ammonia.
1. Simple asphyxia by blocking the air passage 2. Stimulate the heart to renew action if it ceases to
2. Congestion of the venous blood vessel in the beat.
brain a. Apply heat at the region of the
3. Lack of arterial blood in the brain due to pressure precordium
on the carotid arteries b. Hypodermic injection of coramine,
4. Syncope due to pressure on the vagus and strychnine, or other stimulants
carotid sinus which leads to reflex irritation and c. Administration of brandy.
paralysis of the medullary autonomic centers 3. Maintain the natural body temperature
5. Injury on the spinal column and spinal cord. a. Cover the body with blanket
6. Any combination of the above b. Place the patient in a warm room
Time Required in the Process of Death Post mortem findings in death by hanging
Time is influenced by the following: 1. General External Appearance
a. Neck elongated and stretched with the
1. Severity of the constricting force head inclined on the side opposite the
If the constricting force is only sufficient to knot or noose
occlude the windpipe, death may be delayed; but b. Eyes closed or partially opened with
if the pressure is sufficient to occlude the carotid pupils usually dialted on one side and
arteries, jugular veins and vagus nerve, then small on the other side (facies
unconsciousness develops immediately and sympathetic)
death is accelerated. c. Lividity or pallor of the face with
2. Point of application of the ligature swelling and protrusion of the tongue
d. Hands are clenched firmly and purple
When the ligature is made below the larynx,
death is almost instantaneous, but when applied colored fingernails
e. Lips livid or blue
above the larynx, death may not occur for three f. Saliva dribbled from the mouth with
to five minutes. Hanging with the knot situated on
froth
one side of the neck may delay death because of g. State of erection or semi erection of the
closure of cerebral vessels cannot be
penis with seminal flued in the urethral
maintained. If knot is below the jaw, maximum
pressure is at the back of the neck cause merely meatus
h. Post mortem lividity with ecchymosis
partial occlusion of the windpipe and blood
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vessels of the neck, thereby delaying death.
i. Urination or defecation due to the loss
3. Other factors of power of sphincter muscles.
a. Physical condition of the subject 2. Internal Findings:
b. The rate of consumption of oxygen in a. Engorgement of the lungs
the blood and tissues. b. Venous system contains dark-colored
Treatment fluid blood.
c. Right side of the heart and the big
1. Induce the natural act of respiration blood vessels connected with it are
a. Ligature must be loosened and mouth distended with blood.
msut be wiped to remove all obstacle d. Blood vessels of the brain is generally
to free air. congested.
b. Tongue must be pulled forward and the e. Kidneys are congested.
body must be laid on back rest.
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f. Sub-pleural, sub-pericardial punction It is advisable to look for other injuries which are capable of
hemorrhages producing death to eliminate the possibility of hanging as
3. Findings on the neck: the cause of death.
a. Neck is flexed opposite the side where
the knot is located. Determinations whether hanging is accidental, homicidal or
b. Ligature mark which forms groove is suicidal
about or rather leass than the knot.
c. The course of the ligature is inverted v- 1. Evidence in support of homicidal hanging
shape with the apex of the v at the site a. Nature of windows and doors - whether
of the knot. entrance was forcibly opened or have
d. The skin at the site of the ligature is been used as an escape by the
hard with red line of congestion and offender in homicide case
hemorrhage in some points. b. Presence of signs of struggle- furniture
e. Ecchymosis of the neck depends upon and beddings may be disturbed
the width and softness of the ligature. whenever there is a previous struggle.
f. There may be rapture of the underlying c. Presence of stains, bodily injuries in
blood vessels, muscles and other soft the body of the victim
tissue d. Presence of defense wounds in the
g. The lining membrane of the blood body of the victim
vessels may be lacerated.
h. Fracture of the hyoid bone or tracheal
rings. ―Lynching‖ a form of homicidal hanging usually
found in southern states of US. Usually practiced
by Americans against the Negros who commit
Different diagnosis: crime against the white American. Whenever
colored offenders are apprehended, they are
1. Fold markings on the neck of an obese individual hanged by means of a rope on a tree or some
– the marks are not continuous and removed on similar objects. The Negroes are executed
stretching the skin of the neck without due process of the law.
2. Marks of tight neckwear – the location and
history will differentiate this from ligature marks. B. Asphyxia by Strangulation
Strangulation by Ligature:
Determinations Whether Hanging is Ante Mortem or Post It is produced by compression of the neck by
Mortem means of a ligature which is tightened by a force other than
the weight of the body.
The principal criterion is the vital reaction. But, It may be observed in infanticide using the
hanging made immediately after death may also show to a umbilical cord as the constricting material. This must be
certain extent vital reaction, while hanging of a living differentiated from accidental strangulation during child
subject whose bodily resistance has been markedly birth, the umbilical cord is abnormally long and there is no
weakened may show slight vital reaction disturbance in the wharton's jelly.
Strangulation by ligature is commonly observed
in rape cases, but the presence of findings in the genitalia
and other physical injuries are distinctive findings.
The following finding show that hanging is ante mortem
Causes of Death in Strangulation by Ligature
1. redness or ecchymosis at the site of ligature 1. Asphyxia due to the occlusion of the windpipe.
2. ecchymosis of the pharynx and epiglottis 2. Coma due to arrest of cerebral circulation.
3. line of redness or rupture if the intima of the 3. Shock or syncope.
carotid artery 4. Inhibition of the respiratory center due to the pressure
4. subpleural, subepicardial punctiform on the vagus and sympathetic nerves.
hemorrhages
Accidental, Homicidal or Suicidal Strangulation by Ligature
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