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Course Code: CDI201 medical knowledge to elucidate legal problems

arising in courts.
Course Title: SPECIAL CRIME
INVESTIGATION WITH LEGAL  Medical Jurisprudence- A branch of law
MEDICINE which dealt on the organization and regulation
of medical profession to promote justice. It
No. of units: 3 units
denotes the knowledge of law in relation to the
Course Description: practice of medicine.
BRIEF HISTORY OF LEGAL MEDICINE

BY: JESSY MAE HAMDAG, MSCrim 1. Imhotep (2980 B. C)- The Earliest Recorded-
Legal Expert –
Course Content
2. Code of Hammurabi- the oldest code law
Module 1 (2200 B.C) included legislation on adultery,
What is Special Crime Investigation? rape, divorce, incest, abortion and violence

Special crime investigation is the investigation 3. Hippocrates- discussed the lethality of


of cases that are unique and often require special wounds.
training to fully understand their broad 4. Aristotle- fixed animation of fetus at the 40th
significance. This also requires familiarity with day after conception.
the provisions of the Revised Penal Code, and
various Special Laws, prescribing and 5. The Chinese Materia Medica (300 B.C) -
penalizing specific offenses. gave information on poison including aconite,
arsenic and opuim.
Investigation is the collection of facts to
accomplish a three-fold aim: 6. Numa Pompilius in Rome- That bodies of all
women dying during confinement should
a. to identify the suspect; immediately be open in order to save the child’s
b. to locate the suspect; and life was promulgated.
c. to provide evidence of his guilt.
7. Antistius- the first police surgeon or forensic
Pathologist.
In the performance of his duties, the
investigators must seek to establish the six (6) 8. Justinian (483- 565 B. C) - he mentioned that
cardinal points of investigation, namely; what a physician is not an ordinary witness and that a
specific offense has been committed; how the physician gives judgment rather than testimony.
offense was committed; who committed it; This led to the recognition of expert witness in
where the offense was committed; when it was court.
committed; and why it was committed.
9. Constituto Criminalis Carolina- first text
book in Legal medicine which was promulgated
 Legal Medicine- a branch of medicine dealing in 1532 during the reign of Emperor Charles V
with the application of medical knowledge for in Germany. 10.Pope Innocent III (1209) -
legal purposes. The application of medicine to issued an edict providing for the appointment of
legal cases. doctors to the courts for the determination of the
nature of wounds.
 Forensic Medicine- a branch of medical
science which deals on the application of 11.Pope Gregory IX- in 1234 caused the
preparation of Nova Compilatio
Decretalium.Concerned medical evidence, investigative effort. It cannot be emphasized too
marriage, nullity, impotence, delivery, caesarian strongly that this step is vital to the success of
section, legitimacy, sexual offenses, crime the investigation. The preliminary investigation
against persons and witchcraft. serves as the foundation for the case; therefore,
there must be proper foundation or the entire
12.Hsi Yuan Lu (Instructions to Coroner) - In
investigation is in jeopardy.
China, this book was published. It is a five
volume book dealing with inquest, criminal, 2. The In-Depth Investigation. The second
abortion, infanticide, signs of death, assault, investigative state of criminal offense is the
suicide, hanging, strangling, drowning, burning, follow-up or the continuing inquiry. The in-
poisoning and antidotes, and examination of the depth phase follows up initial leads stemming
dead. from the preliminary investigation. The in-depth
inquiry begins with a general re-examination of
13.Pope John XXII- expressed the need of
all facts, leads and other types of information
experts in the ecclesiastical courts in the
secured during the preliminary investigation.
diagnosis of leprosy and medico- legal
documents. 3. The Concluding Investigation. This final
stage, the concluding investigation, is the direct
14.Ambroise Pare- considered legal medicine as
outgrowth of the previous two stages. If the
a separate discipline and he discussed in his
preliminary and in-depth investigations have
book, abortion, infanticide, death by lightning,
been unsuccessful in identifying, locating, and
hanging, drowning, feign diseases, distinction
arresting a suspect, certain administrative
between ante-mortem and postmortem wound
decisions concerning the continuation of the
and poisoning by carbon monoxide and by
case must be made. An active inquiry cannot
corrosives.
continue indefinitely.
15.Paulus Zacchias- a papal physician, regarded
Duties of Special Crime Investigators
as the “Father of Forensic Medicine”. He
published Questiones Medico- Legales which The following are the responsibilities of special
dealt with the aspects of wounds and the first crime investigator:
two chapter dealt with the detection of secret
1. Determine if the crime has been
homicide.
committed.
16.Severin Pineau- published in Paris a work on
An investigator familiar with the elements
virginity and defloration. He confirmed the
of at least the more common crimes will be
existence of the hymen and that it may not
able to handle most situations. First, the
rupture during sexual intercourse.
investigator should have available copy of
17.Matthieu Orfila (Traite’ des Poison)- both the revised penal code and special laws;
introduced chemical methods in Toxicology. this ought to suffice for many of the more
Considered as the Founder of Modern difficult cases. Second, the prosecuting
Toxicology fiscal can be consulted. Third, if it is
determined that no crime is involved or the
Phases of Special Crime Investigation
issue is a civil litigation, with rare
The phases of special crime investigation can exceptions, criminal law enforcement
be divided into: agencies have no responsibility.

1. The Preliminary Investigation. The 2. Verify territorial jurisdictions.


preliminary investigation involves the first
exposure of the criminal offense to the
If a crime is not within the investigator’s 7. Aid in the prosecution of the perpetrator.
jurisdictions, there is no responsibility for its
Largely as a result of plea bargaining, only a few
investigation, but the complainant may need to
cases that are investigated and solved eventually
be referred to the proper authority. Occasionally
go to trial, but the investigator must operate on
a crime is committed on the border line of two
the assumption that each will be tried. This
adjacent jurisdictions.
necessitates that proper notes, photographs, and
3. Discover all facts and collect physical sketches are made in a timely fashion from the
evidence. very beginning and that the physical evidence
present is properly handled and examined.
The facts available to the first officer to arrive at
a crime scene are provided by the victim or 8. Testify effectively in court.
complainant and any eyewitness. Except in law
Although few people are comfortable when
enforcement agencies with programs in place for
called to the witness stand, the experienced
managing criminal investigations, they will be
investigator who has testified often can appear
communicated to the investigator dispatched to
jaded. Yet testimony is effective only when it is
investigate the crime.
credible. When sincerity, knowledge of the facts,
4. Recover stolen property. and impartiality are projected, credibility is
established. In all events, it is helpful that the
The recovery of the stolen property has a
investigator be familiar with the rules of
significant or having parallel with establishing
evidence and pitfalls of cross-examinations.
the positive identity of the perpetrator. The
reports required of secondhand dealers and pawn Various Sources of Information
shops are of great help to criminal investigators.
The following are the various sources of
They facilitate the identification of items
information:
brought in for pawn, since many thieves use this
means to convert their loot into cash. 1. People. As long as general, specific, or
intimate knowledge concerning the individual
5. Identify perpetrator.
endures, it can be acquired by those who know
In addition to the role secondhand dealers and how. People are social beings, and information
pawnbrokers play in the recovery of stolen on them can usually be found in the possession
property, there is a chance that other merchants of family, relatives, work or business associates,
engaged in buying and selling may be able to and others who share their recreational interests.
describe who brought in a particular item. It can also be picked up accidentally through
Usually the seller is required to fill out a form those who were witness to or the victim of a
giving name, address, telephone number, and crime.
place of employment, thereby unwittingly
2. Physical Evidence.
making a sample of handwriting specimen or
printing available. Any object, thing or article of a material nature
is potential physical evidence. The scientific
6. Locate and apprehend the perpetrator.
specialists who undertake most scientific
When people who know the perpetrator are examinations at the crime laboratory of physical
unwilling or unable to provide an address or a evidence are medico-legal experts, chemists, and
clue to his or her whereabouts, records may criminalists. The following questions arise:
provide the information. When the suspect is What is the material? If found at a crime scene,
located, apprehension seldom presents can it be linked to or help exonerate a suspect?
difficulties; if it does, a raid may be called for.
Can it be used to reconstruct what happened? 4. Remember that the police is the first line of
What is the cause of death? defense in the effective application of criminal
justice.
3. Records.
Common Mistakes in the Homicide
Records are form of physical evidence. They
Investigation
receive separate treatment, however, because
they are widely scattered, voluminous, and have 1. The mistakes of the homicide investigator
specialists devoting full time to their storage and cannot be corrected.
retrieval. Modern society relies on paper records
2. The homicide investigator should not cross
by storing the information collected day in and
the three bridges which he burns behind him.
day out. Later this can prove useful in a criminal
investigation. Records need not be printed or It is important that competent personnel
handwritten. They may be stored on film, tape, adequately handle the case.
or even computer disc or hard drive.
Three Bridges:
HOMICIDE INVESTIGATION
a. The dead person has been moved
Homicide Investigation is the official inquiry
made by the police on the facts and b. The cadaver is embalmed
circumstances surrounding the death of a person c. The body is burned or cremated
which is expected to be unlawful.
Primary Job of the Investigator
1. To discover whether an offense has been
committed under the law. Basic Guide for the Investigator to look upon
is to establish the following:
2. To discover how it was committed
1. Corpus delicti or facts that crime was
3. Who committed it and by whom it was committed
committed
2. Method of operation of the suspect
4. When it was committed
3. Identity of the guilty party
5. And under certain circumstances why it was
committed
CRIMES AGAINST PERSON

Responsibilities of a Homicide Investigator (Destruction of Life)

1. When called upon to investigate violent Art. 246. Parricide– Any person who shall kill
death, he stands on the dead man’s shoes to his father, mother, or child, whether legitimate
produce his instincts against those suspects. or illegitimate, or any of his ascendants or
descendants, or his spouse, shall be guilty of
2. The enthusiasm and intelligence the parricide.
investigator brings in the case marks the
difference between a murderer being convicted Penalty: ReclusionPerpetua (20 years and 1 day
and set free. to 40 years imprisonment) to death.

3. If he interprets a criminal death accidental or Elements:


natural, a guilty person is set free.
1. That a person is killed.
2. That the deceased is killed by the accused. 3. By means of Inundation, fire, poison,
explosion, shipwreck, stranding of vessel,
3. That the deceased is the father, mother, or
derailment or assault upon a railroad, fall of an
child, whether legitimate or illegitimate, or a
airship, or by means of motor vehicles or with
legitimate other ascendant or other descendant,
the use of any other means involving great waste
or the legitimate spouse, of the accused
and ruin;
Art. 247. Death or physical injuries inflicted
4. On occasion of any of the calamities of an
under exceptional circumstances–
earthquake, eruption of a volcano, destructive
Any legally married person who, having cyclone, epidemic or other public calamity;
surprised his spouse in the act of committing
5. With evident premeditation;
sexual intercourse with another person, shall kill
any of them or both of them in the act or 6. With cruelty, by deliberately and inhumanly
immediately thereafter, or shall inflict upon augmenting the suffering of the victim, or
them any serious physical injury, shall suffer the outraging or scoffing at his person or corpse.
penalty of destierro. If he shall inflict upon them
Penalty: Reclusion perpetua (20 years& 1 day to
physical injuries of any kind, he shall be exempt
40 years imprisonment) to death.
from punishment. These rules shall be
applicable, under the same circumstances, to Elements of murder:
parents, with respect to their daughters under
eighteen years of age, and their seducer, while 1. That a person is killed.
the daughters are living with their parents. Any 2. That the accused killed him.
person who shall promote or facilitate
prostitution of his wife or daughter, or shall 3. That the killing was attended by any of the
otherwise have consented to the infidelity of the qualifying circumstances mentioned in Article
other spouse shall not be entitled to the benefits 248.
of this article.
4. The killing is not parricide or infanticide.
Penalty: Destierro- (prohibition to enter the
TREACHERY Plain and simple, there is
place or places designated in the sentence, nor
treachery if the offended party was not given
within the radius therein specified, which shall
opportunity to make a defense.
be not more than 250 and not less than 25
kilometers from the place designated. MEANING OF PREMEDITATION
Art. 248. Murder– Premeditation is the act of mediating in advance;
deliberation upon a contemplated act; a design
Any person who, not falling with the provisions
form to do something before it is done.
of Article 246, shall kill another, shall be guilty
of murder and shall be punished by reclusion The essence of premeditation is that the
perpetua to death, if committed with any of the execution of the criminal act must be preceded
following attendant circumstances: by COOL THOUGHT and REFLECTION upon
the resolution to carry out the criminal intent
1. With treachery, taking advantage of superior
during the space of time SUFFICIENT to arrive
strength, with aid of armed men, or employing
at a calm judgment.
means to weaken the defense or of means or
persons to insure or afford impunity; There is no evident premeditation without proof
of planning.
2. In consideration of a price, reward or promise;
EVIDENT – Clear to the eye or judgment.
examination of wounds and other types of
tracing clues that may be present.
ART. 249. Homicide–
Establishing the Facts of Death
Any person who, not falling within the
provisions of Article 246 (Parricide) shall kill The first essential step of the homicide
another, without the attendance of any of the investigation is to establish that the victim is,
circumstances enumerated in the next preceding indeed, dead. Police officers do not have the
article (Article 248), shall be deemed guilty of legal authority to pronounce death, only
homicide. physicians/medical doctor can establish the fact
of death.
Penalty:Reclusion temporal (12 years& 1 day to
20 years imprisonment) For this reason, the police officer should never
assume death unless the condition of the
ART 255 .Infanticide
victim’s body demonstrates death in a totally
The killing of a child less than three days of obvious manner.
age, whether the killer is the parent or
A. Death – death is defined as the absence of
grandparent, any other relative of the child, or a
life in a living matter. B. Kinds of Death
stranger.
1. Somatic Death – Clinical Death
Penalty:
It is a complete, continuous, persistent cessation
1. The penalty provided in parricide and murder
of respiration, circulation and almost all brain
shall be imposed.
functions of an organism. It is usually
2. If the crime penalized in this article be pronounced by a physician or other members of
committed by the mother of the child to conceal the family.
dishonor, she shall suffer the penalty of prision
2. Molecular Death- Celular Death
mayor (6 years & 1 day to 12 years
imprisonment) in its medium and maximum It is the cessation of life of the individual
periods. If committed by maternal grandparents cells in the whole body, which occurs one at
or either of them, the penalty shall be reclusion a time after somatic death.
temporal (12 years& 1 day to 20 years
3. Apparent Death – State of Suspended
imprisonment).
Animation
HOMICIDE INVESTIGATION It is the state of temporary cessation of
PROCEDURES vital activities of the body or vital
processes were depressed to the
Criminal Investigation of homicide is a
minimum compatible with life. This
discovery process.
condition is not actually death although
The investigator seeks to discover and document classified under the kinds of death,
such facts as type of death, identity of the because the person or organism is still
deceased, cause of death and motivation and alive although it seems that there are no
identity of the perpetrator. In order to resolve signs of life.
these fundamental questions, the investigation
C. Signs of Death
will focus on the cadaver, crime scene and post
mortem examination. The cadaver is often of 1. Cessation of respiration
prime importance as an investigative factor. The
2. Cessation of Heart Beating and Circulation
victim’s bodycan reveal much through
3. Cooling of the body After death the whole body is insensible. No
kind of stimulus is capable of letting the body
4. Insensibility of the body and loss of power to
have voluntary movement. This condition must
remove
be observed in conjunction with cessation of
5. Changes in the eyes heart beat and circulation and cessation of
respiration
6. Changes in the skin Identifying the Cadaver
CHANGES IN THE SKIN
Establishing the identity of the victim is
important, it will provide tracing clues to the The following are the changes undergone by the
motive and identity of the perpetrator, with the skin after death: a. The skin may be observed to
identity known, the investigator can focus be pale and waxy- looking due to the absence of
attention on the victim’s background and circulation. b. Loss of elasticity of the skin
establish a possible motive through such
Post- mortem Contact Flattening- on account
information.
of the loss of elasticity of the skin and of the
Victims encountered in indoor scenes will postmortem flaccidity of muscles, the body
normally have identifying data on the body, or becomes flattened over areas which are in
such data will be available throughout the crime contact with the surface it rests.
scene. In outdoor scenes, such evidence is
c. Opacity of the Skin
normally not as readily available, since the
victim is removed from the personal d. Effect of the application of heat
environment and also outdoor scene may not be
discovered for long period of time; thus
evidence may be destroyed by elements of IDENTIFICATION-
nature or will be lost. If there are no identifying
papers on the victim’s person, fingerprint should the determination of the individuality of a
be used as means of identification. If fingerprint person or thing.
identification is unsuccessful, the investigator RULES IN PERSONAL IDENTIFICATION
must rely on other methods to establish identity.
Dental structures are highly resistant to 1. The greater the number of points of
destruction, and are frequently useful when the similarities and dissimilarities of two persons
other portions of the body are totally compared, the greater is the probability for the
decomposed conclusion to be correct.

COOLING OF THE BODY a.k.a 2. The value of the different points of


POSTMORTEM FRIGIDITY identification varies in the formulation of
conclusion.
After death the metabolic process inside the
body ceases. No more heat is produced but the 3. The longer the interval between the death and
body loses slowly its temperature by evaporation the examination of the remains for purposes of
or by conduction to the surrounding atmosphere. identification, the greater is the need for experts
The progressive fall of the body temperature is in establishing identity.
one of the most prominent signs of death. The
4. Inasmuch as the object to be identified is
rate of cooling of the body is not uniform. It is
highly perishable, it is necessary for the team to
rapid during the first two hours after death.
act in the shortest possible time specially in
INSENSIBILITY OF THE BODY AND cases of mass disaster.
LOSS OF POWER TO MOVE
5. There is no rigid rule to be observed in the The basis of human identification may be
procedure of identification of persons classified as:
METHODS OF IDENTIFICATION 1. Those which laymen used to prove identity-
no special training or skill is required of the
1. By comparison- identification criteria
identifier and no instrument or procedure is
recovered during investigation are compared
demanded.
with records available in the file, or post mortem
finding are compared with ante- mortem records. 2. Those which are based on scientific
knowledge- identification is made by trained
2. By exclusion- if two or more persons have to
men, well-seasoned by experienced and
be identified and all but one is not yet identified,
observation, and primarily based on comparison
then the one whose identity has not been
or exclusion.
established may be known by the process of
elimination. POINTS OF IDENTIFICATION
APPLICABLE TO BOTH LIVING AND
DEAD BEFORE ONSET OF
(Forensic Odontology). DECOMPOSITION

The skeletal remains of the victim may also 1. Occupational Marks


help to determine identity, as well as yield other
2. Race- in the living, race may be presumed in:
types of information. If bone fractures are noted,
they may be used to identify the deceased, but if Color of the Skin Feature of the Face Shape of
only corresponding medical records can be the Skull Caucasian-
located. The widths of the pelvic bones are
Fair Malayan-
excellent indicators of the victim’s sex;
Brown Mongolian-
Determination of the victims age maybe more
difficult, in that the victims past the age of Fair Negro-
eighteen years have generally achieved their
maximum skeletal growth. Black Caucasian-

However, general age determination can be Prominent sharp nose


established via dental structure. Malayan- Flat nose with round face
A. Points Taken into Consideration when Mongolian- Almond eyes and prominent cheek
Finding Human Dead Body Elsewhere: bone
1. Place where the body was found Negro- thick lips and prominent eyes
2. Date and time when found Caucasian- Elongated skull
3. Cause of death Malayan- Round Head
4. Time when death occurred 5. Approximate Mongolian- Roud Head
age
Red Indians
6. Possible occupation
Eskimos- Flat head
7. Complete description of the body age of
eighteen years have generally achieved their 3. Stature- a person ceases to increase in height
maximum skeletal growth. after the age of 25. The growth of a person
rarely exceeds five centimetres after the age of Autopsy vs Post Mortem
18. The rate of growth is variable but it is most
Autopsy- is a comprehensive study of a dead
active from 5 to 7 and from 13 to 16 years of
body, employing recognized dissection
age.
procedure and techniques, to know cause of
4. Tattoo Marks- introduction of coloring death
pigments in the layers of the skin by multiple
Two types of autopsy
puncture.
1. hospital or non-official
5. Weight- This is not a good point of
2. medico legal or official
identification for it is easily changed from time
to time.
6. Deformities- Congenital or acquired e.g Post Mortem examination- refers to external
clubfoot, cleft palate, amputation etc. examination of a dead body without incision
being made although blood and other body
7. Birth marks
fluids may be collected.
8. Injuries leaving permanent results
Vital reaction- is the sum of all reactions of
9. Moles tissue or organ to trauma
10.Scar Depth of wound
11.Tribal Marks a. superficial
b. deep
12.Sexual Organ- Male organ may show
previous circumcision. In female the uterus and 2 kinds of deep
breasts may show signs of previous pregnancy.
1. penetratring-enters the body but did not
come out
2. perforating- produce communication
However, general age determination can be
inner and outer. Traversing or piercing
established via dental structure.
A. Points Taken into Consideration when
Finding Human Dead Body Elsewhere: The Color of Lividity may Indicate the Cause
of Death:
1. Place where the body was found
1. Carbon monoxide poisoning/ cyanide – cherry
2. Date and time when found
red to pinkish color
3. Cause of death
2. Asphyxia – dark lividity
4. Time when death occurred
3. Phosphorous poisoning – dark brown
5. Approximate age
TYPES OF LIVIDITY
6. Possible occupation
1. Hypostatic – Blood is still in fluid form
7. Complete description of the body (age of inside blood vessel; change as position of the
eighteen years have generally achieved their body changes. Blood remains fluid in the blood
maximum skeletal growth. vessel for 6- 8 hours.
2. Diffusion– Coagulated inside blood vessel; Defense wounds are the result of a person’s
Change in position will not change its location. instinctive reaction of self-protection. It may be
found on the hand in the effort of the victim to
Importance of Post-Mortem Lividity
grasp the wounding instrument or by raising the
1. It is a sign of death hand to protect the vital parts of the body.
Absence of defense wound does not eliminate
2. It enables the investigator to estimate the the possibility that the victim made some form
time of death of defense. Common External Injuries
3. It determines the position of the body after Sustained by the Victim from Homicidal
death Attack

4. It may indicate the cause and manner of death a. Contusion – an injury in the substance of the
skin, discoloration of the surface due to
5.There is no injury to the tissues. extravasation of blood. This is due to the
application of a blunt instrument.
6. The color may appear and disappear in the
tissues by shifting the position of the body in the b. Hematoma – this is the extravasation of blood
earlier stages of death. in the newly formed cavity. c.
Characteristics of Post-Mortem Lividity c. Abrasion – an open wound characterized by
the removal of the epithelial layer of the skin
1. It occurs in the most extensive areas of the
brought about by the friction against hard, rough
most dependent portion of the body. 2. It
object.
involves the superficial layer of the skin, lungs,
intestines, kidneys, and brain. d. Incised wound – produced by forcible contact
on the body by sharp edge instrument.
3. Color is uniform in the tissues.
e. Stab wound – produced by the forcible
4. It is not elevated from the skin, lungs,
application and penetration of a sharp
intestines, kidneys and brain.
instrument.
5. There is no injury to the tissues.
f. Punctured wound – penetration of a sharp
6. The color may appear and disappear in the pointed weapon g. Lacerated wound – tearing of
tissues by shifting the position of the body in the the skin due to forcible contact of a blunt
earlier stages of death. instrument.

7. CHANGES IN STOMACH. It usually takes Evidence to Show the Fatal Effects of the
three to four hours for the stomach to empty its Wound
contents after meals.
1. Amount of hemorrhage
Examination of the Cadaver at the Crime Scene
2. Size of the injury sustained
External post mortem appearances are very
3. Organs and parts of the body involved
informative. The areas of the body showing
lividity, indicate the position after death. 4. Mechanical effects on vital organs Gunshot
Wounds
Wounds and their appearance are particularly
significant as they often assist in reconstructing All gunshot wounds result from the entry of a
the circumstances of a crime, the nature of the projectile into the body, and the frequent
murder weapon and the manner of its use. presence of undispersed explosive gases. The
relative size and appearance of the wound will
be affected by the distance from which the 3. Portions of the body involved are those
weapon was discharged. Generally, the closer accessible to the hand of the victim utilized in
the discharged to the skin, the greater the committing suicide, he will not think of the
damage. This damage is due to explosive gases difficult way of ending his life unless he has the
which precede the projectile at close range. intention of deceiving the investigators.
In some investigations involving firearms, a 4. History of despondency, family problem
determination of whether the death was a which may cause him to commit suicide.
homicidal, suicide or accidental is difficult. In
B. Evidence to show that the wound is
making such determination, the distance of the
accidental:
discharge is of great importance.
1. Usually there is but one shot.
Majority of suicidal and accidental gunshot
cases, arm’s length discharges are involved. 2. There is no special area of the body involved
Accordingly, if the wound indicates discharge 3. Testimony of the witnesses
beyond the victim’s length, homicide is
indicated. The location of the wound may also C. Evidence to show that the wound is
serve to rule out suicide. If the wound is located homicidal:
in an area of the body that is relatively 1. The site or sites of the wound of entrance has
inaccessible to the victim, homicide is indicated. no point of election.
It is also unusual for a suicide wound to be
inflicted in an area other than the head of chest. 2. The fire is made when the victim is usually
However, there have been a number of suicide some distance away from the assailant
cases involving wounds in extremities.
3. Signs of struggle/ defense wound maybe
The presence or absence of a “suicide note” is a present in the victim.
poor indicator of suicide or homicide.
4. There maybe disturbance of the surrounding
Two Types of Wounds: on the account of the previous struggle.

1. entrance wound (POE) 5. Wounding firearm is usually not found at the


scene of the crime 6. Testimony of the witnesses
2. exit wound (POX)
DEATH BY HANGING AND
Determination whether the wound is suicidal, STRANGULATION
homicidal, or accidental
Determination whether hanging is suicidal,
An Evidence to prove that gunshot wound is homicidal, or accidental 1.
suicidal:
Hanging – is a state of injury or death of the
1. The fire is usually in contact or near contact, body whereby the ligature tightened around the
as shown by the presence of burning, singeing neck by the suspension of the body.
and tattooing of the area around the gunshot
wound. A. Suicidal Hanging – in death by hanging, it is
usually suicidal unless proven otherwise.
2. The presence of usually but one gunshot
wound. In most cases, after a shot, especially at Some evidence to prove are the following:
the head, the victim can no longer voluntarily act
1. Accessible materials used for ligature like
to inflict another shot.
rope, rolled beddings, or wires.
2. Identification of the fibers from the rope in mechanical asphyxia
the hands of the victim.
Pressure on the outside of the body prevents
3. Evidence of movement of the rope on the respiration. It is accidental in manner.
beam or anchorage from upward and downward
Traumatic asphyxia combined with smothering-
as the body has been suspended.
accident from is overlay, where an infant is
B. Homicidal Hanging placed in bed for the night with either an adult or
a larger child.
1. Presence of defense wound in the body of the
victim. SUICIDES
2. Presence of blood stains and other injuries to Ways of Committing Suicide
the body of the victim.
1. By cut-throat
3. Presence of signs of struggle in the clothing,
2. By puncturing the left breast
furniture, beddings, and others.
3. By gunshot
4. Nature of the window, curtains, and doors.
4. By hanging
C. Accidental hanging is not common.
5. By drowning
2. Strangulation
6. By poisoning
Strangulation by ligature is usually homicidal
and is done by tying the ligature around the neck PUTREFACTION OF THE BODY
and the two ends pulled in the opposite direction
in such a manner that tightens the ligature. Putrefaction is the breaking down of the
Ligature used may be rope, chain, wires, vines, complex proteins into simpler components
rolled clothing. associated with the evolution of foul smelling
gasses and accompanied by the change of color
of the body.
ASPHYXIA- Physical Changes of the Body during
Putrefaction in Chronological Order
Interference with the process of respiration of
the supply of oxygen to the blood or to the a. External Changes
tissues has been reduced to normal.
b. Internal Changes
Asphyxia deaths are grouped into 3 categories;
1. Those which putrefy early
1. suffocation
2. strangulation a. Brain
3. chemical asphyxia b. Lining of the trachea and larynx
6 general forms of suffocation: c. Stomach and intestines
1. entrapment/environmental suffocation d. Spleen
2. smothering
3. chocking e. Liver
4. mechanical asphyxia
f. Uterus (if pregnant)
5. mechanical asphyxia combine with
smothering 2. Those which Putrefy Late
6. suffocating gases
a. Esophagus In the Philippines like other tropical countries,
decomposition is early and the average time is
b. Lungs
24 to 48 hours after death. It is manifested by the
c. Uterus presence of watery, foul smelling froth coming
out of the nostrils and mouth, softness of the
d. Diaphragm body and presence of crepitation when pressure
e. Kidneys is applied on the skin.

f. Prostate gland Entomology of the Cadaver

g. Heart The common flies undergo larval, pupal and


adult stages. The usual time for the egg to be
h. Urinary Bladder hatched into larva is 24 hours so that by the
mere fact that there are maggots in the cadaver,
Chronological Sequence of Putrefactive
one can conclude that death has occurred more
Changes Occurring in Tropical region than 24 hours.

Time of Death- 12 hours- Rigor mortis present Changes in the stomach- It takes normally 3 to 4
all over. hours for the stomach to evacuate its content
after meal.
Hypostasis well- developed and fixed
Presence of Live Fleas in the Clothings in
Time of death- 24 Hours- Rigor Mortis absent Drowning Cases- A flea can survive for
all over. approximately 24 hours submerged in water.
Green discoloration over whole abdomen and Changes in the Blood- Blood clots inside the
spreading to chest. blood vessels in 6 to 8 hours after death.
Abdomen distended with gases. DE coagulation of blood occurs at the early
Time of Death- 48 hours- Ova Flies seen. stage of decomposition. Presence or absence of
Soft Tissues in Skeletal remains- Under ordinary
Trunk bloated. condition, the soft tissues of the body may
disappear 1 to 2 years’ time after burial.
Face discoloured and swollen.
SPECIAL MODIFICATION OF
Blister present.
PUTREFACTION
Moving maggots seen.
a. Mummification- This is the dehydration
Time of Death- 72 hours- Whole body grossly of the whole body which results in the
swollen and disfigured. Hairs and nails loose. shivering and preservation of the body.
Tissues soft and discoloured b. Saponification or Adiopocere
Formation- This is the condition of the
Time of Death- 1 week- Soft viscera putrefied body wherein the fatty tissues of the
Time of Death- 2 weeks- Only more resistant body are transformed to soft brownish-
viscera distinguishable. Soft tissues largely white substance known as adiopocere.
gone.
b. Maceration- This is the softening of the
Time of Death- 1 month- Body skeletonised tissues when in a fluid medium in the
Onset of Decomposition absence of putrefactive microorganism
which is frequently observed in the means of violence or intimidation of any person,
death of the fetus en utero. or by using force upon anything shall be guilty
of robbery.
c. ACCIDENTAL DEATH
Elements of Robbery
Is death which occurs beyond the sway of ones
1. That there be personal property belonging to
will and although it comes about through some
another;
act of will, lies beyond the bounds of human
forceable consequences. 2. That there is unlawful taking of that property;
How Accidental Deaths Occur 3. That the taking must be with intent to gain;
and
1. Examination of the body revealed marked
tearing of the wearing apparel, burns of different 4. That there is violence against or intimidation
degrees on the skin surface, wounds of almost of any person, or force upon things.
any description and almost the whole body is
affected by the injury. How robbery with force upon things is
committed?
2. History of a thunderstorm that took place in
the area. The malefactors shall enter the house or building
in which the robbery was committed by any of
3. Evidence of the effects of lighting are found the following means:
in the vicinity, like damages to house, tress, etc.
1. Through an opening not intended for entrance
4. Metallic articles are fused or magnetized.
2. By breaking any wall, roof, floor or breaking
5. Absence of wound or other injuries indicating any window or door.
suicidal or homicidal death.
3. By using false key or picklocks
6. Fusion of glass materials in the neighborhood
on account of extreme heat. 4. By using fictitious name or pretending the
exercise of public authority
ELECTROCUTION
5. By breaking of doors, wardrobes, closets or
Accidental Electrocution any kind of locked or sealed furniture or
receptacle
1. Presence of high voltage wire at the scene of
death. 6. By taking such furniture or objects away to be
broken or forced open outside the place of
2. Body surface injuries as probably site of
robbery.
entrance and exit of electric current
General Types of Robbers
3. Death develops suddenly as victim not able to
get away from the place of electrocution. 1. Amateurs – motivated by greed, the desire for
a thrill and self-testing.
4. Absence of evidence to show suicidal or
homicidal. 2. Professionals – are those person who worked
as robbers as a trade making it their living and
ROBBERY INVESTIGATION
having no other means of income.
Article 293 – RobberyinGeneral
Note: Robbery – This is the taking or personal
Any person who, with intent to gain, shall take property belonging to another, with intent to
any personal property belonging to another by gain, by means of violence against, or
intimidation of any person, or using force upon of this crime under ART. 294, even if taking is
anything. Two Kinds of Robbery: already complete when violence was used by the
offender.
1. Robbery with violence or intimidation; and
j. Use of force upon thing – entrance to the
2. Robbery with force upon things.
building by means described and ART. 299 and
a. Belonging to another – person from whom 302 (Offender must enter).
property was taken need not be the legal owner,
The other kind of robbery is one that is
possession is sufficient.
committed with the use of force upon anything
The property must be personal property and in order to take with intent to gain, the personal
cannot refer to real property. property of another. The use force here must
refer to the force employed upon things in order
b. Name of the real owner is not essential so to gain entrance into a building or a house.
long as the personal property taken does not
belong to the accused except if crime is robbery (People vs. Adorno, C.A. 40 0.G.567). k. When
with homicide. both violence or intimidation and force upon
things concur – it is robbery with violence
c. Taking of personal property – must be Robbery and Theft, compared.
unlawful; if given in trust – estafa.
a. Both robbery and theft involved unlawful
d. As to robbery with violence or intimidation – taking as an elements;
from the moment the offender gains possession
of the thing even if offender has had no b. Both involve personal property belonging to
opportunity to dispose of the same, the unlawful another;
taking is complete.
c. In both crimes, the taking is done with intent
e. As to robbery with force upon things – thing to gain; d. In robbery, the taking is done either
must be taken out of the building. with the use of violence or intimidation of
person or the employment of force upon things;
f. Intent to gain – presumed from unlawful whereas in theft, the taking is done simply
taking – intent to gain may be presumed from without the knowledge and consent of the
the unlawful taking of another’s property. owner.
However, when one takes a property under the Investigative Techniques in Robbery cases:
claim of ownership or title, the taking is not
considered to be with intent to gain. (U.S. vs. a. The investigator must initiate similar
Manluco, et. al., 28 Phil.360) preliminary steps upon reaching the crime scene.

g. When there’s no intent to gain but there is b. Determine the point of entrance and point of
violence in the taking- grave coercion. exit by the perpetrator.

h. Violence or intimidation must be against the c. Determine the value of stolen articles.
person of the offended party, not upon the thing.
d. The full and detailed description of the stolen
i. General rule: violence or intimidation must be articles.
present before the “taking” is complete.
e. Gather physical evidence.
Exception: when violence results in-homicide,
f. Determine the modus operandi of the
rape, intentional mutilation or any of the serious
perpetrator as it would give leads in the
physical injuries in par. 1 and 2 of ART. 263, the
identification and arrest of the suspect.
taking of property is robbery complex with any
g. Full and detailed description of a get-away i. Exploit investigative leads.
vehicle if any, or vessel, boat in cases of piracy.
j. Written testimony of the complainant witness.
h. Coordinate with other law enforcement
k. Accumulate clues and traces at the scene of a
agencies.
crime which will serve to identify the offender.
i. Exploit investigative leads.
l. Develop informants in the local underworld
j. Written testimony of the complainant witness. who are aware of the activity of robbery,
particularly the activity of the semi-skilled
k. Accumulate clues and traces at the scene of a
amateur groups. (usually the addict-robber)
crime which will serve to identify the offender.
m. Conduct a surveillance of likely fences and
Robbery and Theft, compared.
uncover and trace back stolen property from its
a. Both robbery and theft involved unlawful receiver to the robber.
taking as an elements;
n. Conduct surveillance of known burglars to
b. Both involve personal property belonging to ascertain if they are presently committing
another;
l. Develop informants in the local underworld
c. In both crimes, the taking is done with intent who are aware of the activity of robbery,
to gain; particularly the activity of the semi-skilled
amateur groups. (usually the addict-robber)
d. In robbery, the taking is done either with the
use of violence or intimidation of person or the m. Conduct a surveillance of likely fences and
employment of force upon things; whereas in uncover and trace back stolen property from its
theft, the taking is done simply without the receiver to the robber.
knowledge and consent of the owner.
n. Conduct surveillance of known burglars to
Investigative Techniques in Robbery cases: ascertain if they are presently committing

a. The investigator must initiate similar o. Accumulate information on various types of


preliminary steps upon reaching the crime scene. robber, the known and newcomers whether they
are in or out of prison, whether they are active.
b. Determine the point of entrance and point of
exit by the perpetrator. p. Be alert on a modified modus operandi.

c. Determine the value of stolen articles. q. In cases where homicide is committed, follow
the pattern of homicide investigation.
d. The full and detailed description of the stolen
articles. 3. Clothing – sometimes the robbers exchange
their own jackets with that one found.
e. Gather physical evidence.
4. If a window was broken in effecting entry,
f. Determine the modus operandi of the glass particles maybe presents in the trouser
perpetrator as it would give leads in the cuffs and pockets of suspect. Samples of broken
identification and arrest of the suspect. glass should be collected for possible future
g. Full and detailed description of a get-away comparison in the event that a suspect is picked
vehicle if any, or vessel, boat in cases of piracy. up.

h. Coordinate with other law enforcement


agencies.
5. Paint- if a crowbar has been used to force the 1. The kidnapping or detention shall have lasted
window, paint may adhere to the tool. Paint for more than five days.
samples should be taken for future comparison.
2. Committed by simulating public authority.
6. Tool marks
3. Any serious physical injuries shall have been
7. Tools inflicted upon the person kidnapped or detained
or if threat to kill shall have been made.
8. Observed odd behavior patterns in the crime
scene 4. The person kidnapped or detained shall be a
minor, female or public officer. The penalty
9. Cords and ropes used
shall be death where the kidnapping or detention
was committed for the purpose of extorting
ransom from the victim or any other person,
10. Firearms used even if none of the circumstances above
11. Means of escape mentioned were present in the commission of
the offense.
Article 267 – Kidnapping and Serious Illegal
Detention Important factors in Kidnapping Cases: 1.
The safe return of the victim
Elements:
2. Identification and apprehension of the suspect
1. That the offender is a private individual;
Initial Investigative Procedures:
2. That the kidnaps or detains another, or in any
other manner deprives the latter of his liberty; 1. Thorough interview of the victim if already
released.
3. That the act of detention or kidnapping must
be illegal; 2. Search of the crime scene

4. That in the commission of the offense, any of 3. Interview of the possible witnesses
the following circumstances is present: 4. Checking the modus operandi
a. That the kidnapping of detention lasts for 5. Possible identification through the
more than 3 days photographic files
b. That is committed simulating public authority 6. Coordination with other law enforcement
c. That any serious physical injuries are agencies
inflicted upon person kidnapped or detained of Kidnapping where ransom is involved:
threats to kill him are made; or
Phase I.
d. That the persons kidnapped is a minor,
female, or a public officer. When a complaint is received, the family of the
victim is requested to remain in touch to
Any private individual who shall kidnap or accumulate information needed.
detain another, or in any other manner deprives
him of his liberty. The following types of information must be
taken:
The perpetrator shall suffer the penalty of
reclusion perpetua to death if: 1. How the demand was made
2. Request the family to refrain from divulging 1. Remember that kidnap for ransom gang must
the contents of the letter, note or call to anyone be treated as witty, experienced and dangerous
except to the police authorities. armed criminals.
3. Emphasize the importance of news blackout 2. Any slightest mistake on the part of the police
as essential to the victim’s safety would mean death of the victim
4. Obtain and preserve the ransom note for 3. Initiate secrecy discipline not only on the
laboratory examination. victim’s family but also within the police.
5. Determine if the family intends to pay the 4. Experienced, trusted personnel must be
ransom, investigators should avoid giving the utilized
opinion as to ransom payments
5. Equipped with sophisticated communication
6. Find ways and means to verify if the victim is system
still alive.
Problems in the Investigation of Kidnapping
7. Conduct family background investigation Cases:
8. Conduct covert investigation of household 1. Out of fear, the family of the victim does not
helpers want to cooperate with the police.
9. Arrange for wiretapping operations in 2. The case is only reported after payoff of the
accordance with RA 4200 ransom money or the victim had been found
dead.
10. Establish possible motives
Phase II.
Sexual Crimes
After the victim has been returned or the body
has been located. After the victim has been What is virginity?
returned dead or alive, the investigation changes,
an all out investigation are conducted in It is a condition of a female who has not yet
accordance with the second objective, to identify experienced sexual intercourse and genital organ
and apprehend the suspects. Investigative have not been altered by carnal connection.
procedure includes: Kinds of Virginity
1. Thorough interview of the victim. 1. Moral – state of not knowing the nature
2.All details should be obtained. of sexual life and not having
experienced sexual relation
3. Re interview all witnesses 2. Physical – woman is conscious of the
nature of the sexual life but has not
4. Conduct surveillance
experienced sexual intercourse.
5. Determine whether the kidnapper is familiar 3. Demi-virginity- woman who permits
with the victims, residential area, habits and any form of sexual liberties as long as
financial status. they abstain from rupturing the hymen
4. Virgo intacta- truly virgin woman
6. If the victim is dead follow the pattern of
homicide investigation
Pointers to be considered in Kidnapping Chastity- is a state or practice of refraining from
Cases: all sexual intercourse.
Degree of laceration
1. Incomplete laceration
a. Superficial
b. Deep
2. Complete
3. Compound or complicated

Crime Scene Processing


(See attached SOP on Conduct of Crime Scene)
Prepared by:
Jessy Mae G Hamdag

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