Professional Documents
Culture Documents
Legal Medicine Complete Final
Legal Medicine Complete Final
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Autopsies shall be performed in the following cases.
1. Required by special laws
2. Order of competent court, mayor, fiscal
3. Written request of police officers
4. SolGen, fiscal disinter to determine cause of death.
5. Written request of nearest kin to ascertain cause of death.
MEDICAL EVIDENCE
- is the means sanctioned by the rules of court of ascertaining in a
judicial proceeding the truth respecting a matter of fact.
Types of evidence:
1. Autoptic or Real evidence – made known to the senses
2. Testimonial evidence – oral under oath
3. Experimental evidence
4. Documentary evidence
3. Hypnotism
4. By observation
5. Scientific interrogation
6. Confession
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A. Use of a Lie Detector or Polygraph
= The fear of the subject when not telling the truth activates the symp.
= To a series of automatic and involuntary physiological changes which are
recorded by the instrument.
= Use of control questions > Most reliable & effective questioning technique.
= Supplemetary tests:
a. Peak of tension test - peak of tension on relevant questions
b. Guilt complex test - does not response to added relevant quest.
c. Silent answer test - subject verbal response creates distortion in
the tracing or clearing of the throat.
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III. HYPNOSIS
- alteration of consciousness, not all subjects can be hypnotized
IV. OBSERVATION
Physiological and psychological signs and symptoms of guilt:
a) Sweating, color change
b) Dryness of the mouth
c) Excessive activity of adams apple
d) Fidgetting
e) Peculiar feeling inside
f) Swearing, spotless past record
g) Inability to look at the investigator
V. INTERROGATION
- emotional appeal, mutt and jeff technique
VI. CONFESSION
- expressed acknowledgement of his guilt.
TOKYO DECLARATION
- contains guidelines to be observed by physician concerning torture, inhuman
and degrading punishment.
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IDENTIFICATION OF PERSONS
A. Ordinary methods of identification
1. Characteristics which may easily be changed:
a) growth of hair, beard d) grade of profession
b) clothing e) body ornamentations
c) frequent place of visit
2. Characteristics that may not be easily be changed:
a) mental memory f) hands and feet
b) speech g) complexion
c) gait h) changes in the eyes
d) mannerism i) facies
e) handedness-left /right j) degree of nutrition
Age of Scar:
Recently formed: Slightly elevated, reddish/bluish, tender to touch
Few week-2 months: Inflammatory redness, soft, sensitive
2 – 6 months: brownish, free from contraction, soft
> 6 months: white, glistening, contracted, tough
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Portait Parle ( spoken picture) – picturesque description of a person
1. FINGERPRINTING
= most valuable method of identification.
a) No two identical fingerprints 1 : 64,000, 000, 000
b) Not changeable - 4th month formed in the fetus
= Practical uses
a) Identity of dead bodies
b) Prints recovered at crime scene
c) Prints on file for comparison
d) Right thumb print is substitute for signature
= DACTYLOGRAPHY : art and study of recording fingerprints as means of id.
= DACTYLOSCOPY: art of id by comparison of fingerprints
= POROSCOPY : study of pores found on the pappillary friction ridges of skin
Fingerprints can’t be effaced:
=as long as the dermis of the bulbs of the finger is not completely destroyed.
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2. DENTAL IDENTIFICATION
= possibility of 2 persons to have the same is remote
= enamel is the hardest substance of the body,
outlast other tissues in putrifaction
3. HANDWRITING
= BIBLIOTIC : Science of handwriting analysis
= GRAPHOLOGY : study of handwriting for the purpose of determining the
writers personality, character and aptitude.
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CRANIUM MALE FEMALE
1) Shaft less curve more curve
2) Mastoid process larger smaller
3) cranium placed horizontally mastoid process occipital& maxillary bones
rest on
4) Styloid process shorter longer/slender
5).Forehead higher, more oblique less high, more vertical
6) Superciliary ridges less sharp, more rounded sharper
7) Zygomatic arches more prominent less prominent
8) Lower jaw larger & wider narrower and lighter
9) Face larger in proportion to cranium smaller
5. IDENTIFICATION OF SEX
Test to determine the sex:
1. Social test
2. Genital test
3. Gonadal test
4. Chromosomal test – barr cells in females
Evidences of sex:
1. Presumptive evidence
= General features, hair in some parts
= Transvestism – sexual deviation by desire to assume the attire and be
accepted as a member of the opposite sex.
2. Highly probabale
= vagina, large breast
3. Conclusive evidence
= ovary in females
6. DETERMINATION OF AGE
Legal importance
a) Aid to identification
b) Determination of criminal liability
c) Determination of right of suffrage
d) Determination whether a person can exercise civil rights
e) Determination of the capacity to marriage
f) Requisite to certain crimes
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Determination of age of fetus:
Hess’s rule or Haase’s rule
a) Fetus of less than 25 cm long- get square root of length in cm, result in months
b) > 25 cm- divide the length of the fetus by 5 and the result is the age in month.
Physical examination
a) Solubility test
b) Heat test
c) Luminescence test: 3 amino-phtalic-acid-hydrazide-HCL,
Sodium peroxide , distilled water
> Bluish-white in a dark room
Chemical examination:
a) Saline extract of the blood plus ammonia – brownish > alkaline hematin
b) Benzidine test – blue color in white filter paper
c) Guaiacum test ( Van Deen’s Dyas or Schombein’s test) - blue
d) Phenolpthalein test ( Kastle-Meyer test) - pink
e) Leucomalachite Green test
Microscopic examination
- saline extract of stain
Micro-chemical tests:
1. Hemochromogen crystal or Takayama test:
2. Teichmann’s blood crystals or Hemin crystal test-
= Sodium chloride – dark brown rhombic prisms of chloride, hematin formed
= best of the micro-chemical test.
3. Acetone-haemin or Wagenhaar test
Spectrospcopic examination
- blood pigments have the power to absorb light of certain length and produce the
characteristic absorption bands on the spectrum.
= Fresh blood – oxyhgb, Hgb, reduced hematin
= olders stains – methemoglobin, alkaline hematin
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Biologic examinations
1. Precipitin test – blood is human or not
2. Blood grouping
Cortex
1. Looks like a thick muff Fairy thin hollow cylinder
2. Pigments in the form of fine grains irregular grains
Cuticle
1. thin scales thick scale
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Signs of death:
1. Cessation of heart action and circulation., Usually the auricle contract after
somatic death fro a longer period than the ventricle, last to stop so called
ULTIMEN MARIENS.
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2. Sudden death in good health
3. Obesity of person
4. Death from asphyxia
5. Death of the middle age
Methods of estimating how long a person has been dead from the cooling
of the body:
1. If body temp. is normal at the time of death:
= the average rate of fall of the temp. during the first 2 ½ hours is ½ of the
difference of the body temperature and that of the air.
= the body attains the temp. of the surrounding air from 12 to 15 hours after
death in tropical countries.
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6. CHANGES IN AND ABOUT THE EYE
a) Loss of corneal reflex – seen I n live pts: G.A., uremia, narcotic poisoning
b) Clouding of cornea
c) Flaccidity of the eyeball
d) Pupil in the position of rest.
e) TACHE NOIR DE LA SCLEROTIQUE – spot found in the sclera after
death.
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a.1 hunted animal
a.2 prolonged convulsion/lingering illness
a.3 death from- TY, Cholera, Phthisis, typhus
b) Age
= early onset – aged and newborn
= delayed – good health, good muscular development
c) Integrity of nerves
= section of the nerve will delay onset, paralyzed muscle
2. Cold stiffening
= due to solidification of fats when exposed to cold temp.
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ANTE-MORTEM CLOT POST-MORTEM CLOT
1. Consistency Firm Soft
2. Surface of blood vessels Raw after clots are removed Smooth, health after
3. Clots Homogenous Can be stripped
can’t be stripped off in layers
Points to be considered which may infer the position of the body at the
time of death:
1. Posture of the body when found.
2. Post-mortem hypostasis or lividity
3. Cadaveric spasm
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CONTUSSION (BRUISE) POST-MORTEM HYPOSTASIS
1. Small bruises – Below epidermis in true skin In the epidermis or cutis
larger ones - below this
5. Incision shows blood outside the b.v. Blood inside the vessels
= most certain test of difference
4. PUTREFACTION OF THEBODY
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- Is the breaking down of complex proteins into simpler components associated
with the evolution of foul smelling gasses and accompanied by the change of
color of the body.
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c) Running water- more rapid than still water
d) Clothings – early it hastens but delays in the later stage.
- tight clothings - delay
1-3 DAYS AFTER DEATH - greenish discoloration over iliac fossa, soft eyeballs
3-5 DAYS - frothy blood from mouth, nostrils
8-10 DAYS - abdominal distention, nails firm
14-20 DAYS - blisters all over the body, maggots
2-5 MONTHS - skull exposed, orbits empty
IN TROPICAL REGION
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Factors influencing the floating of the body in water:
1. age – fully developed, well nourished - rapid
2. sex – females floats sooner
3. conditions of the body – obese float quicker
4. season of the year – moist hot air – putrefaction – floats due to gas
5. water- shallow and stagnant water of creeks, higher specific gravity
- sea water floats sooner than fresh water, higher specific gravity
6. external influence – heavy-wearing apparel - slower
3. Maceration
= softening of the tissues when in fluid medium in the absence of putrefactive
mircro-org, seen in death in utero
– reddish or greenish color, skin peeling off and arms flaccid and frail.
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9. Changes in CSF
10. Blood clots inside the b.v. in 6 –8 H after death.
11. Soft tissues of the body may disappear 1 to 2 years after burial.
PRESUMPTION OF DEATH
Disputable presumption - not heard in 7 years
Presumption of death
Absence of 7 years except succession 10 years
Vessel for 4 years
Armed forces 4 years
In danger of death 4 years
PRESUMPTION OF SURVIVORSHIP
1. under 15 y.o. – older survives
2. above 60 y.o.- younger
3. under 15, above 60 - former
4. over 15 and under 60 y.o. – male, older
5. under 15, or over 60 y.o. and the other in between - latter
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2. Autopsy
- comprehensive study of a dead body, in addition to the external examination
. Post-mortem examination- external exam without incision being made.
Purpose of autopsy:
1. Determine cause of death
2. Correlate clinical diagnosis and symptoms
3. Determine effectiveness of treatment
4. Study the natural course of the disease
5. Educate students and physicians
Dead body belongs to the state for cases that requires medico-legal autopsy.
Mistakes in autopsy:
1. Error or omission in the collection of evidence for identification
2. Errors or omission in the collection of evidence required fro establishing
the time of death
3. Errors or omission in the collection of evidence required fro the medico-
legal examination.
4. Errors or omission result in the production of undesirable artifacts or in
the destruction of valid evidence.
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Negative autopsies
- if after all efforts including gross and microscopic studies and toxicological
analysis fail to reveal a cause of death.
Negligent autopsy
No cause of death is found due to imprudence, negligence, lack of skill, lack of
foresight.
CAUSES OF DEATH
Primary purpose of a medico-legal autopsy: Determination of the cause of death.
Death is the direct and the proximate consequence of the criminal or negligent act.
Cause of death: is the injury or disease or both which initiates the physiological
disturbance resulting to a fatal termination.
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Steps in the Intellectual Process in the determination of the cause of death:
1. Recognition of the structural organic changes or chemical abnormalities
responsible for the cessation of vital functions.
2. Understanding and exposition of the mechanism by which the anatomic and
other deviations from normal caused the death.
DOA – means actually dead or dying, provided the physician had not been given
ample opportunity to arrive at a working diagnosis as to the cause of death.
* Did the person die of a natural cause and were the physical injuries
inflicted immediately after death?
- violence applied in a dead person : Impossible crime.
* Was the victim suffering from a natural disease and the violence only
accelerate the death?
= Offender responsible of the death of the victim.
= Criminal liability shall be incurred by any person committing a felony
although the wrongful act done be different from which he intended.
(Art.4 no.1 RPC)
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* Did the victim die of a natural cause independent of the violence inflicted?
- accused will not be responsible for the death but merely for the physical
injuries he had inflicted. Ex. Slapping a person with heart problem, only
slight physical injury.
- to make the offender liable for the death of the victim, it must be proven that
the death is the natural consequence of the physical injuries inflicted.
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a. Bronchitis
b. Congestions of the lungs
c. Acute broncho-pneumonia
d. Acute gastroenteritis
e. Convulsion
f. Spasm of the larynx
B. Violent death
- are due to injuries inflicted in the body by some forms of outside force.
The physical injury must be the proximate cause of death.
= That the victim at the time the physical injuries were inflicted was
in normal health.
= That the death may be expected from the physical injuries inflicted.
= That the death ensued within a reasonable time.
2. Negligent death – felonies may be committed when the wrongful act is due to
reckless imprudence, negligence, lack of skill or foresight.
Ex. Surgeon left a pack – Homicide through reckless imprudence
4. Parricidal deaths
Art. 246 father, mother, child, (leg/illeg) ascendant, descendant, spouse (leg.)
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6. Murder Art. 248
- treachery, consideration, means of inundation, occasion of calamities,
- evident pre-meditation, cruelty
SPECIAL DEATHS
1. Judicial deaths – Art. III Sec.1 Par. 19 Phil. Const. “cruel and
unusual punishment shall not be inflicted. ; electrocution, hanging,
musketry, gas chamber.
2. Euthanasia or mercy killing
3. Suicide
Automatism - due to drug may be considered as accidental
rather than suicidal.
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Factors that influence the length of survival: age, condition of the body, sex,
environment.
Concept of possession – the right of custody over a dead body.. The right of
custody does not mean ownership of the dead body.
Executors right of custody superior to the right of spouse dead body. An executor
is the person mentioned in a will who will carry on the provision of the will. In the
absence of a testamentary disposition, the right of the surviving spouse is
paramount.
2. Burial or inhumation
a. Sec 1092 RAC buried within 48 hours if unembalmed.
Within 12 hours, if communicable.
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Sec 91 P.D. 856 Code of Sanitation ; Burial requirement:
- death cert., issued by physician.
Sec. 1099 the placing of the body of any deceased person in an unsealed
overground tomb is prohibited unless if permanently sealed.
Except: 1. Tombs and vaults which are strictly receiving vaults for bodies or
remains awaiting final disposition.
2. Embalmed bodies awaiting final disposition.
Sec. 2695 RAC Penalizes the desecration of burial premises; tombstone, plant,
tree, fence, post or wall. P200/ not greater than 6 months.
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Other burial requirements:
1. Shipment of remains abroad shall be governed by the rules and
regulations of the Bureau of Quarantine.
2. The burial or remains in city or municipal grounds shall not be prohibited
due to race, nationality, religious or political reasons.
3. Except when required by legal investigation or when permitted by the local
health authority, no embalmed remains shall remain unburied longer than
48 hours.
FUNERALS
Art. 305 CC The duty and the right to make arrangements for the funeral of a
relative shall be in accordance with the order of support under Art. 294.
Descendants : Eldest
Ascendants : Paternal
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4. Cremation – is the pulverization of the body into ashes
by the application of heat.
- First must be identified,
- Permit and in a crematory made for the purpose.
NOT GRANTED:
a. If the deceased left a note.
b. Identity of the person is not definite.
c. Exact cause of death cannot be ascertained and the need for
further inquiry or examination.
EXHUMATION
The deceased buried may be raised or disinterred upon the lawful order of the
proper authorities.
Sec 1082 RAC Cemetery permits even to NBI agents
Sec. 1097 RAC Exhumation in case of death from dangerous
communicable disease after 5 years from burial.
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Sec 92 Code of Sanitation
3 years if non-dangerous communicable disease.
Remains shall disinfected before burial.
2. Set the date and time of exhumation, if physician has a strong reason to
believe that for the justification and strong probability.
4. Grave must be properly identified by the person who was present when
the body was interred.
5. After opening the coffin, the body must be viewed by any person who can
identify the deceased.
7. Disinfection of the body and all areas involved must be carried out with the
assistance of the local health officer and the return of the body to the
burial place.
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3. Electrical energy
4. Chemical energy
5. Radiation by radioactive substances
6. Change of atmospheric pressure
7. Infection
b. Time
= The shorter the period of time needed for the transfer of energy,
the greater the likelihood of producing damage.
= If a person is hit on the body and the body moves towards the
direction of the force applied, the injury is less as when the body
is stationary.
= The longer the time of contact between the object or instrument
causing the injury, the greater will be the dissipation of energy.
c. Area of transfer
= The larger the area of contact between the force applied on the
body, the lesser the damage to the body.
= By applying an equal force, the damage caused by stabbing is
greater compared to a blunt instrument.
d. Other factors
= The less elastic and plastic the tissue > the greater that a
laceration will result.
= Elasticity :
Ability of the tissue to return to its normal sizes and shape after
being deformed by a pressure.
= A force transmitted through a tissue containing fluid will force the
fluid away from the area of contact in all directions equally,
frequently causing the tissue to lacerate.
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VITAL REACTION
= It is the sum total of all reactions of tissue or organ to trauma, either
observed micro or macroscopically.
EXCEPT: vital reactions not seen even if injury inflicted during life:
1. During agonal state of a living person were cells don’t react to the
trauma.
2. Sudden death as in sudden coronary occlusion.
CLASSIFICATION OF WOUNDS:
1. AS TO SEVERITY
a. Mortal wound – caused immediately after infliction that is capable of
death.
Parts of body that are mortal – heart, vessels, CNS, lungs, other organs.
b. Sharp instrument
= Sharp-edge instrument> incised wound
= Sharp pointed > punctured wound
= Sharp edge and sharp-pointed > stab
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3. AS TO THE MANNER OF INFLICTION
a) HIT – means of bolo, blunt instrument, axe.
b) TRUST or STAB – bayonet dagger
c) GUN POWDER EXPLOSION – Projectile or shrapnel wound.
d) SLIDING or RUBBING or ABRASION
d. Locus minoris resistencia – Physical injury not located at the site nor
opposite the site of the application of force but in some areas
offering the least resistance to the force applied.
Example: Blow in fore head > contusion on the region of the eyeball.
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c)SELF-INFLICTED WOUNDS - Wound produced on oneself but no
intention to end his life.
1. MUTILATION
= Art. 262 RPC Kinds of mutilation:
a. Intentionally depriving a person, totally or partially of some of
the essential organs for reproduction.
b. Intentionally depriving a person of any part or parts of the
human body other than the organs for reproduction.
Mutilation to be punishable it must be intentional or not physical injury.
Any person who shall wound, beat or assault another Art. 263 and
administering injurious substance, without intent to kill Art. 264.
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b) Their consequences on the person of the victim.
1. Prison mayor – because of the physical injuries inflicted, the injured person
becomes insane, imbecile, impotent or blind.
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LESS SERIOUS PHYSICAL INJURIES Art. 265 RPC
Any person who shall inflict upon another physical injuries not described in the
preceding articles,
= But which shall incapacitate the offended party for labor 10 days or more
The crime of less serious physical injuries may be qualified and a fine of a higher
penalty is imposed when:
1. There is a manifest intent to insult or offend the injured person.
2. There are circumstances adding ignominy to the offense.
3. The victims is the offender’s parents, ascendants, guardian, curators,
teachers.
4. The victim is a person of rank or person of authority, provided the crime
is not direct assault.
2. Aresto menor or fine not exceeding P200 and censure when the offender
has cause physical injuries which do not prevent the offended party
from engaging in his habitual work nor require medical attendance.
3. Arresto menor in its minimum period or a fine not exceeding P50 when the
offender shall ill treat another by deed without causing any injury.
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PHYSICAL INJURIES INFLICTED IN A TUMULTOUS AFFRAY Art 252 RPC
Elements:
1. There is a tumultuous affray
2. Participants suffered from serious physical injuries.
3. The person who inflicted serious physical injuries cannot be identified.
4. All those who appear to have used violence upon the person of the
offended party shall be penalized by arrest from 5 to 15 days.
The size tends to become smaller from the periphery to the center
and passes through a series of color changes as a result of the
> Disintegration of the RBC and liberation of hemoglobin.
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CONTUSION VS. POST-MORTEM HYPOSTASIS
Contusion
Below the epidermis in the true skin in small bruises or extravasations,
below this in larger ones and often much deeper still.
The epidermis has no blood vessels to be ruptured.
Contusion
Cuticle was probably abraded by the same violence that produced the
bruise. In small punctures such as fleas bites, this is not observed.
Post-mortem hypostasis
Cuticle unabraded, because the hypostasis is a mere sinking of the blood,
there is no trauma.
Contusion
A bruise appears at the seat of and surrounding the injury. This may or may
not be a dependent part.
Post-mortem hypostasis
Always in a part which for the time of information is dependent.
Contusion
Often elevated because elevated blood and subsequent inflammation swell
the tissues.
Post-mortem hypostasis
Not elevated, because either the blood is still in the vessels or at most has
simply soaked into and stained the tissues.
Contusion
Incision shows blood outside the vessels. This is the most certain test of
difference and can be observed even in very small bruises.
Post-mortem hypostasis
Incision shows the blood is still in its vessels and if any oozing occurs drops
can be seen issuing from the cut mouths of the vessels.
Contusion
Color variegated. This is only true of bruises that are the same days old due
to the changes in the hemoglobin produced during life.
Post-mortem hypostasis
Color is uniform. The well known change in color produced in blood
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Extravasated Into living tissues does not occur in dead tissues with the
same regularity.
Contusion
If the body happens to be constricted at or supported on a bruised place,
the actual surface of contact may be a little lighter than the rest of the bruise
but will not be white.
Post-mortem hypostasis
In a place which would otherwise be the seat of hypostasis pressure of any
kind even simple support is sufficient to obliterate the lumen of the venules
and capillaries and so to prevent their filling with blood.
a.3 HEMATOMA
- is the extravasation or effusion of blood in a newly formed cavity
underneath the skin. When the blunt instrument hit a hard part of the body
like a bony part which is superficially located.
- Force causes the subcutaneous tissue to rupture on account of the
presence of a hard structure underneath..
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1. in contusion, theskin shows no elevation and is ever elevated, the
elevation is slight and is on account of inflammatory changes
In hematoma – the skin is always eelevated.
MUSCULO-SKELETAL INJURIES
1. Sprain - partial or complete disruption in the continuity os a muscular or
ligamentous support of a joint, due to a blow, kick or torsion force.
2. Dislocation – displacement of the articular surface of bones entering into
the formation of a joint.
3. Fracture – solution of continuity of bone resulting from violence or some
existing pathology.
a. Close or Simple Fx – no break in continuity of the overlying skin.
b. Open or Compound Fx – Fx is complicated by an open wound
caused by the broken bone which protruded with other tissues of the
broken skin.
c. Comminuted Fx – Fractured bone is fragmented into several pieces.
d. Greenstick Fx – Fx wherein only one side of the bone is broken
while the other is merely bent.
e. Linear Fx – when the Fx forms a crack usually in flat bones.
f. Spiral Fx – break in the bones forms a spiral manner as seen in long
bones.
g. Pathologic Fx – Fx caused by weakness of the bone due to disease.
INTERNAL HEMORRHAGE
- rupture of blood vessels which may cause hemorrhage due to the
following:
a. Traumatic intracranial hemorrhage.
b. Rupture of parenchymatous organs.
c. Laceration of other part of the body.
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CEREBRAL CONCUSSION ( COMMOTIO CEREBRI )
- THE JARRING OR STUNNING OF THE BRAIN CHARACTERIZED BY
MORE OR LESS COMPLETE SUSPENSION OF ITS FUNCTIONS AS A
RESULT OF INJURY TO THE HEAD WHICH LEADS TO SOME COMMOTION
OF THE CEREBRAL SUBSTANCE.
- is more severe when the moving or mobile head struck a fixed hard object
as compared when the head is fixed and struck by a hard moving object.
Loss of memory for events just before the injury is a constant effect of
cerebral concussion and is of medico-legal importance.
2. OPEN WOUNDS
a. Abrasion ( Scratch, graze, impression mark, friction mark )
- it is an injury characterized by the removal of the superficial epithelial
layer of the skin caused by a rub r friction against a hard rough object.
- Contussion with abrasion = forcible contact before friction occurs.
- the shape varies and the raw surface exudes blood and lymph which later
dries and forms a protective covering as SCAB or CRUST.
Characteristics of abrasion:
1. It develops at the precise point of the force causing it.
2. Grossly or with the aid of a hand lens the injury consists of
parallel linear injuries which are in line with the direction of rub or
friction causing it.
3. It may exhibit the pattern of the wounding material.
4. Usually ignored by attending physician. Medico-legal viewpoint
= abrasions caused by fingernails may indicate struggle or assault
and are usually located in the face, neck, forearms and hands.
= abrasions resulting from friction on rough surfaces are located in
bony parts and are usually associated with contusion or
laceration.
= nature of the abrasion may infer degree of pressure, nature of
the rubbing object and the direction of movement.
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5. Abrasion heals in a short time and leaves no scar unless if not
infected or if the whole thickness of the skin is involved.
Forms of abrasion
1. Linear abrasion – appears as a single line, straight or curve.
= pinching with fingernails = curve a.
= sliding the point of a needle = straight linear ab.
Types of abrasion
1. Scratch – caused by sharp pointed object which slides across the skin,
like pin, thorn or fingernail.
- Injury usually parallel to the direction of slide.
= Fingernail scratch > broad at point of commencement with
tailing at the end.
2. Graze – usually caused by forcible contact with rough, hard objects
resulting to irregular removal of the skin surface.
= course indicated by a clean commencement and tags on the end.
3. Impact or imprint abrasion ( patterned abrasion, stamping abrasion,
abrasion a la signature)
- those whose pattern and location provides objective evidence to
show cause, nature of the wounding instrument and the manner
of assault or death.
= marks of grid of radiator, thread marks of wheel, teeth marks.
4. Pressure or friction abrasion – caused by pressure accompanied by
movement usually observed in hanging or strangulation.
= spiral strands of the rope as seen in the skin in hanging.
Differential diagnosis:
1. Dermal erosion - gradual breakdown or very shallow ulceration of the
skin which involves only the epidermis and heals without scarring.
2. Marks of insects and fishes bites – skin injury is irregular with no vital
reaction and usually found on angles of the mouth, margins of
nose, eyelids and forehead.
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3. Excoriation of the skin by excreta – found in infants and the skin
lesions heals when the cause is removed.
No apparent history of rubbing trauma on the affected area.
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2. After 24 hours – proliferation of the vascular endothelium and connective
tissue cells.
3. After 36 to 48 hours –capillary network complete, fibroblasts running at
right angles to the vessels.
4. After 3 to 5 days – vessels show thickening and obliteration.
Suicidal wounds – usually located in peculiar parts of the body, accessible to the
hand.
- the most common site is the wrist, radial artery and the neck.
Homicidal wounds – usually deep, multiple and involves both accessible and
non-accessible parts.
- clothing are usually involved
- Defense and other forms of wounds are present.
SEVERITY Usually not so deep and Usually deep and may cause
may only involve trachea, involvement of the cartilage
carotid and esophagus and bones.
BLOOD Bld found in front part of body Bld found at the back of neck.
45
DISTRIBUTION Hand smeared with blood. Hands are clean.
The extremities of stab wound may show the nature of the instrument used.
- a doubled bladed weapon shows both extremities to be sharp.
- A single bladed weapon – one of its extremities as rounded and contused,
not seen if instrument is quite thin.
The direction of the surface defect may be useful in the determination of the
possible relative position of the offender and the victim when the wound was
inflicted.
As to whether the wound is slit-like or gaping depends on the direction of the
wound to the Langers line.
The depth of the wound may be influence by:
1. size and sharpness of the instrument.
2. area of the body involved
3. the degree of force applied
Hemorrhage is always the most serious consequence of stab wound due to
the severance of blood vessels or involvement of bloody organs.
How to describe stab wound:
1. length of the skin defect – edges must be coaptated first
Tailing – the direction of withdrawal of the wounding weapon.
2. condition of the extremities
= sharp extremity > sharpness of the instrument used.
= If Both extremity are sharp > double bladed weapon is used.
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3. condition of the edges.
= edges are regular and clean cut> due to one stabbing act.
= serrated or zigzag in appearance > several stabbing wounds ( series
of thrust and withdrawal.)
4. linear direction of the wound – it may be running vertically, horizontally, or
upward medially or laterally.
5. location of the stab wound – to include exact measurement from
anatomical landmarks.
6. direction of the penetration – must be tridimentional
7. depth of the penetration
8. tissue and organs involved
Medical evidence showing the intent of the offender to kill the victim:
1. there are more than one stab wounds
2. stab wounds located in different parts of the body
3. stab wounds are deep
4. serrated stab wounds means thrust and withdrawal of the wounding
weapon to increase internal damages.
5. irregular or stellate shape skin defects> due to changing direction of the
weapon with the portion of the instrument at the level of the skin as the
lever.
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4. PUNCTURED WOUND - is the result of a thrust of a sharp pointed
instrument.
= External injury is quite small but the depth is to a certain degree.; ice-pick, nail
- Nature of the external injury depends on the sharpness of the end of the
wounding instrument:
= contusion of the edges> if end is not sharp
= opening may be> round, elliptical, diamond shaped or cruciate.
- Site of external wound can be easily sealed by dried bld, serum, or clotted bld.
- Punctured wounds are usually accidental
Characteristics:
1. The opening of the skin is very small, wound is much deeper than it
is wide.
2. External hemorrhage is limited than internally may be severe.
3. Sealing of external opening is favorable for the growth and
multiplication of anaerobic organism like bacillus tetani.
Homicidal -
1. multiple and usually located in different parts of the body.
2. wound are deep
3. there are defense wounds on the victim.
4. signs of struggle in the crime scene.
Suicidal -
1. located in areas of the body where the vital organs are located.
2. usually singular, if multiple located in one area.
3. parts of body involved is accessible by the hand of the victim.
4. clothing usually not involved.
5. wounding is made while the victim is in sitting or standing position ,
bleeding is towards the lower part of the body or clothing.
6. no disturbance in the crime scene.
7. wounding instrument found near the body.
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5.LACERATED WOUNDS ( TEAR, RUPTURE, STRETCH “PUTOK”)
- is a tear of the skin and the underlying tissues due to forcible contact with
a blunt instrument.
- May be produced by a hit with a piece of wood, iron bar, fist, stone, butt.
- If the force is applied to a tissue is greater than its cohesive force and
elasticity> the tissue tears and a laceration is produced.
Characteristic:
1. shape and size of the injury does not correspond to the wounding
instrument
2. tear on the skin is rugged with extremities irregular, ill-defined.
3. injury developed where the blunt force is applied.
4. borders of the wound are contused and swollen.
5. developed in areas where the bone is superficially located.like scalp.
6. examination with the aid of hand lens shows bridging tissue joining
the edges and hairs bulbs are intact.
7. bleeding is not extensive due to blood vessels are not severed
evenly.
8. healing process is delayed and has a tendency to develop a scar.
3. Grinding compression
- the weight and the grinding movement may cause separation of the skin
with the underlying tissues.
4. Tearing
- this may be produced by a semi-sharped edged instrument which causes
irregular edges on the wound like hatchet and choppers.
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INCISED WOUNDS LACERATED WOUNDS
Edges are clean cut, regular, well defined edges are roughly cut, irregular, ill-
defined
Extremities of the wound are sharp, may be extremities are ill-defined and
irregular
Round, or contused
GAPING OF WOUND
- Separation of the edges especially in deep wound may be due to the
following:
1. mechanical stretching or dilatation
- the presence of a mechanical device on the edges to prevent coaptation
will cause separation. Example: drain in an abscess, retractor during
operation.
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Practical ways of determining how much of the skin surface is involved in
an injury or disease:
51
Causes of hemorrhage:
a. trauma - destruction of its blood vessel wall
b. natural causes
- intracerebral hemorrhage(apoplexy)> lenticulostraite br. MCA
- Spontaneous subarachnoid hemorrhage > saccular berry aneurysm
- rupture of arteriosclerotic aneurysm
- rupture of esophageal varices
- pulmonary hemorrhage due to PTB, lung abscess, bronchiectasis
- ruptured ectopic pregnancy
2. Size of injury - burns greater than 1/3rd of the body are fatal
5. Foreign body or substance introduced into the body - bacterial, viral, foreign
body, chemical,
TOXIN.
1. snake bites> 2 punctured wds at the center of the reddened affected area.
The venom is injected through its fangs which is connected to the poison
gland.
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4. sucking the wound to drain venom with the mouth
5. administration of anti-snake venom serum.
2. Scorpion venom
- venom has toxic, hemolytic, hemorrhagic
- one punctured wound on the center of a reddened area
- pain, edema and reddening
3. Coelenterate sting ( jellyfish )
- tentacles penetrate into the skin and cause explosion of the nematocyst
and liberation of the venom.
- extreme pain. Urticarial rash, dilated pupils, paleness, labored breathing
6. Absence of medical or surgical intervention – wound may not be fatal but
due to neglect or ignorance of its management, may be serious and fatal.
FATAL EFFECT OF WOUNDS:
1. Wounds may be directly fatal by reason of:
a. hemorrhage – neck due to carotid bleed.
b. Mechanical injuries on vital organs
c. shock
2. Wounds may be indirectly fatal by reason of:
a. secondary hemorrhage following sepsis
b. specific infection
c. scarring effect
d. secondary shock
NATURE OF DEATH DUE TO SECONDARY CAUSES
1. Changes whose natural sequence are direct & obvious – sepsis, tetanus
2. Changes producing separate pathological lesions which in turn proves to
be fatal
Ex: operation to ligate vessel but died of peritonitis despite diligence/skill
3. Changes where a definite pathological condition was present before the
injury. Ex. Person with tumor and stabbed , stab is not capable of death
but accused is responsible for his death.
4. Changes where a definite pathological condition of totally different nature
arises after the wounding and the consequential sequence is doubtful.
Ex. TB meningitis ffg blow to the head
COMPLICATIONS OF TRAUMA OR INJURY
1. Shock due to injury to nervous system, anoxemia, endothelial damage
2. Hemorrhage
3. Infection
a. from the instrument
b. from the organs involved in trauma ex. Bowels injured
c. injury may depress general vitality
d. deliberate intro of micro-organism
4. Embolism
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HEALING OF WOUNDS
1. Power of the human tissue to regenerate – replaced the destroyed tissue
by newly formed similar tissue.
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c. examination applicable to a dead victim only
- determination if wound is pre-mortem or post-mortem
- determination whether wound is mortal or not
- determination whether death is accelerated by a disease present at time
of injury.
- determination whether wound cause by A,S, H
3. Examinations of wound
- character of wound : abrasion, hematoma, laceration etc
- location of wound : from some fixed area
> to determine trajectory/course
- depth of wound : not in the living , only if the outer and inner are fixed
- conditions of the surroundings of the wound -
= near GSW – burning, tattooing
= suicidal cuts – superficial tentative cuts or hesitation cuts
= lacerated wounds – contusion on neighboring skin
- extent of the wound
= extensive injury – marked degree of force applied in the
production of the wound.
= homicidal cutthroats are deeper, extensive, numerous than
suicide
- direction of the wound > impt. in the position of the victim to the offender
- number of wounds – several> homicidal
- conditions of locality
a. degree of hemorrhage
b. evidence of struggle
c. information as to the position of the body
d. presence of suicide note
e. condition of the weapon
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Effusion of lymph, pus
Adhesion of the edges
Unless if victim is weakened
Edges gape owing to the reaction Edges do not gape, but are
of the skin and muscle fibers closely approximated to
Each other unless if the
wound is 1 to 2 hrs
after death
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LENGTH OF TIME OF SURVIVAL OF THE VICTIM AFTER INFLICTION OF
THE WOUND
1. degree of healing> signs of repair of wound appear in less than a day after
the infliction of injury.
2. changes in the body in relation to the time of death >systematic changes
in the body = wasting, anemia, bed sore.
3. age of blood stain – not reliable
4. testimony of witness when the wound was inflicted.
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Effect of medical and surgical intervention on the death:
If death followed after operation> offender is responsible if death was
inevitable and that even with operation death is normal and direct consequence
of the injury, and the physician is competent and in spite of exercise of degree of
diligence still death is the outcome.
If death ensued even the wounds are minor, and death due to the negligence
or incompetence of the physician then the offender cant be responsible.
If death occurred from complications arising from a simple injury owing to the
negligence of the injured person in its proper care and treatment
= the offender is responsible for the death
= a person is not bound to submit himself to medical tx for the injuries
received during the assault.
= unless if it is proven that the negligence of the victim is deliberate so
offender is not responsible but only for physical injuries.
Relative position of the victim and assailant when injury was inflicted:
1. location of the wound
2. direction of the wound
3. nature of instrument used in inflicting the injury
4. testimony of the witness
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PHYSICAL INJURIES IN THE DIFFERENT PARTS OF THE BODY
1. HEAD AND NECK
= not be underestimated
= bleeding from ears, nose, mouth > basal fractures
= may have normal x-rays yet with severe head injury
GUNSHOT WOUNDS
Death or physical injuries brought about by powdered propelled tances:
1. Firearm shot
= the injury is caused by the missile propelled by the explosion of the
gunpowder located in the cartridge shell and the rear of the missile.
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I. FIREARM WOUND
= Firearm : is an instrument used for the propulsion of a projectile by the
expansive force of gasses coming from the burning of gunpowder.
(technical definition)
= the barrel of any firearm shall be considered as a complete firearm for all
purposes thereof.
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4. As to the nature of the magazine
= cylindrical revolving magazine – the cartridge is located in a cylindrical
magazine which rotates at the rear portion of the barrel
Ex. Revolver
= vertical or horizontal magazine – the cartridge is held one after another
vertically or horizontally and also held in place by a spring side to
side or end to end. Ex. Automatic pistol
Usually oval or round depending upon Does not manifest any definite
the angle of approach of the bullet shape
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INSTANCES WHEN THE SIZE OF THE WOUND OF ENTRANCE DO NOT
APPROXIMATE THE CALIBER OF THE FIREARM
In distant fire, the rule is that the diameter of the GSW of entrance is almost the
same as the caliber of the wounding firearm except:
1. Factors which make the wound of entrance bigger than the caliber:
a. in contact or near fire
b. deformity of the bullet which entered
c. bullet might have entered the skin sidewise
d. acute angular approach of the bullet
2. Factors which make the wound of entrance smaller than the caliber
a. fragmentation of the bullet before penetrating the skin
b. contraction of the elastic tissues of the skin
Determination of the trajectory of the bullet inside the body of the victim
1. external examination
a. shape of wound of entrance
= when bullet is fired at right angle with the skin> the wound of entrance is
circular except in case of near fire.
= if fired at another angle , it is oval
= when the bullet is deformed no such characteristics findings will be
observed.
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2. internal examination
a. actual dissection and tracing the course of the wound at autopsy
b. fracture of bones and course in visceral organs
c. location of bone fragments and lead particle
d. x-ray exam
Shored GSW of exit: if pressed on a hard object like when victim is lying:
Wound of exit is circular or nearly circular with abrasion.
Instances when the number of GSW of entrance is less than the number of
GSW of exit in the body of the victim:
1. a bullet might have entered the body but split into several fragments, each
of which made separate exit.
2. one of the bullets might have entered a natural orifice of the body. Ex.
nose
3. there might be two or more bullets which entered the body through a
common entrance and later making individual exit wounds .
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4. in near shot with a shotgun, the pellets might have entered in a common
wound and later dispersed while inside the body and making separate
wounds of exit.
Instances when the number of GSW of entrance is more than the number of
GSW of exit in the body of the victim:
1. when one or more of the bullet is not through and through and the bullet is
lodged in the body.
2.when all of the bullets produce through and through wounds but one or
more made an exit in the natural orifices of the body.
3. when different shots produced different wounds of entrance but two or
more shots produced a common exit wound.
Instances when there is no GSW of exit but the bullet is not found in the
body of the victim:
1. when the bullet is lodged in the GIT and expelled through the bowel or
lodged in the pharynx and expelled through the mouth.
2. near fire with a blank cartridge produced a wound of entrance but no slug
may be recovered.
3. the bullet may enter the wound of entrance and upon hitting the bone the
course is deflected to have the wound of entrance as the wound of exit.
The effects of the clothing on the movement of the bullet depend on:
1. number of layers of fabric between the muzzle and subjacent skin
2. nature of the fabric; closely woven
3. muzzle- clothing distance
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= dirt and greasy deposit may be wipe out and visible in the torn clothing
c. far fire
= there is a hole tear with inward direction of the thread
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EVIDENCES TO SHOW THAT GSW IS ACCIDENTAL
1. usually one shot
2. no special area of body involved
3. consideration on the testimony of the assailant and determination as to
whether it is possible by knowing the relative position of the victim
4. testimony of the witness
The caliber may be inferred from the diameter of the wound of entrance.
Capacity of a victim to perform volitional acts – depends upon the area of the
body involved, involvement of vital organs and the resistance of the victim.
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DETERMINATION AS TO THE LENGTH OF TIME A FIREARM HAD BEEN
FIRED
1. odor of the gas inside the barrel
2. chemical changes inside the barrel
3. evidences that may be deduced from the wound
GSW may not be a near fire or may not appear to be near fire:
1. when a device is set up to hold the firearm and to enable it to be
discharged at a long range by the victim.
2. when the GSW of entrance does not show characteristics of a near shot
because the clothing are interposed between the victim and the firearm.
3. when the examining physician failed to distinguish between a near or far
shot wound
4. when the product of a near shot has been washed out of the wound.
X-ray
1. facilitate the location and extraction of the wound
2. reveals fragmentation and its location
3. shows bone involvement like fracture
4. reveal trajectory of the bullet
5. shows effect of the bullet wound, like hemorrhage, escape of air,
laceration
SHOTGUN WOUNDS
Is a shoulder fired firearm having a barrel that is smooth-bored and is intended
for the firing of a changed compound of one or more balls or pellets.
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Measure the distance between the two farthest shot(pellets) in inches and
subtract one, the number obtained will give the muzzle-target distance in
yards.
Importance:
1. Determination of the distance of the gun muzzle from the victim’s body
when fired. Usually not more than 24 inches when fired.
2. Determining whether a person has fired a firearm. – dorsum of the hand
= metallic residues, burning and unburned gunpowder
= in suicide found in the palm
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THERMAL INJURIES OR DEATHS
- are those caused by deviation from normal temperature, capable of producing
cellular or tissue changes in the body.
Effects of COLD:
A. Local effect ( Frostbite, Immersion foot, Trench foot )
1st – Blanching , paleness of the skin due to vascular spasm.
2nd – Erthyma, edema, swelling due to vascular dilatation, paralysis and
increased capillary permeability.
rd
3 - Blister formation
4th – Necrosis, vascular occlusion, thrombosis and gangrene.
B. Systemic effects:
- Reflex in nature due to the stimulation and paralysis of the nerves
- Pulmonary ,Cardiac action is slowed down due to cerebral anoxia>
resulting to lethargy, delirium, convulsions, coma or death.
b) Local effects:
b.1 Scalding
b.2 Burns
= Thermal
= Chemical
= Electrical, lightning
= Radiation
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GENERAL OR SYSTEMIC EFFECT: death usually accidental
1. Heat cramps( Miner’s Camp, Firemans Camp, Stroker’s camp)
- Involuntary spasmodic painful contraction of muscles due to dehydration and
excessive loss of chlorides by sweating
- Tx: Fluids with chlorides
2. Thermal burns: Caused by heat or chemical substances like fire, radiant heat,
friction, solid substances, electricity.
: Classification of burns/ DUPUYTREN’S CLASSIFCATION
1st Degree –erythema
2nd - vesicle formation
rd
3 - destruction of the cuticle, part of true skin, painful
4th - whole skin is destroyed, ulceration, not painful
5th – deep fascia, muscles
th
6 - charring of the limbs
BURNS SCALDS
1. CAUSE Dry heat – flame, heated solid Moist heat – liquid, steam
radiant heat
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Proofs that the victim was ALIVE BEFORE burned to DEATH:
1. Presence of carbon particles in the air passage.
2. Increase carboxy-hemoglobin blood level.
3. Dermal erythema, edema and vesicle formation.
4. Subendocardial left ventricular hemorrhage.
3. Chemical burns
Characteristics of lesions:
a. Absence of vesication
b. Staining of the skin or clothing by the chemical
c. Presence of the chemical substance
d. Ulcerative patches of the skin
e. Inflammatory redness of the skin surface
f. Delayed healing
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CHEMICAL BURNS THERMAL BURNS
b. Nitric acid
= Clothing is destroyed, brown
= yellow or yellowish brown slough
c. Hydrocloric acid
= not so destructive
= intense irritation, localized ulceration red or reddish-gray.
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Factors which influence the effect of electrical shock:
1. Personal idiosyncracy – personal condition
2. Disease – cardiac dis. Is prone
3. Anticipation of shock – Can withstand
4. Sleep – increases resistance
5. Amperage or intensity of the electrical current – principal factor
= 70-80 in AC and 250 in DC.
6. Resistance of the body
7. Nature of current – AC is more dangerous
8. Earthing- shock is enhanced
9. Duration of contact
10. Point of entry – left more dangerous than the right
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Decrease of atmospheric pressure (Decompression)
1. Hypobarism – at high altitudes the atmospheric pressure is lower and
more gas will be liberated by the body fluid.
= release of gasses results to:
a) Bends – joint and muscular pain
b) Chokes – Substernal distress, non-productive coughing
c) Substernal emphysema –
d) Trapped gas
DEATH BY ASPHYXIA
Asphyxia – Applied to all forms of violent death due to interference with process
of respiration
- Conditions in which the supply of O2 to the blood or tissues or both
has been reduced below normal level.
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4.Histotoxic anoxic death
Failure of the cellular oxidative process, cannot be utilized in the tissues. Cyanide
Classification of Asphyxia:
1. Hanging
2. Strangulations: by ligature, manual strangulation, spl forms –palmar
3. Suffocation: choking
4. Asphyxia by drowning
5. Asphyxia by pressure on the chest
6. Asphyxia by irrespirable gasses
A. ASPHYXIA BY HANGING
= Not necessary the whole body is suspended: Pressure at side of neck
= Mechanism of death: Air passage is constricted by pressure of the rope
; Compression of carotids, jugs, Sup. Laryng nerve> Cereb. anoxia
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HANGING STRANGULATION WITH LIGATURE
C. ASPHYXIA BY SUFFOCATION
- Occlusion of air from the lungs by closure of air openings
or obstruction of the air passageway from the external openings to the air
sacs.
Smothering:
- A form of asphyxial death cause by closing the external respiratory orifices.
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Emergency treatment in Drowning
1. Schaefer’s method–Face down, prone position:operator exerts pressure in ribs
2. Sylvester’s method- Lying on his back, astride over body, swinging arms
Post-mortem findings:
1. External findings
2. Internal findings
A. RESPIRATORY SYSTEM
2. “Edema aquosum”– Due:Entrance of water into air sacs, Lungs are doughy
B. HEART
1. Both sides of heart may be filled or emptied with blood.
2. Salt water drowning – Blood chloride content is greater than left side.
Fresh water- Blood chloride is more I the right side. FRESH- RIGHT
Gettler’s Test:
- Quantitative determination of the chloride content of the blood in the right and
left ventricle of the heart. : Difference of at least 25 mg.
C. STOMACH
- Presence food in the stomach but absence of water.> Death is rapid or
submersion made after death. Impossible for water to get into the stomach if
body is submerged after death.
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FINDINGS CONCLUSIVE THAT THE PERSON DIED OF DROWNING
1. The presence of F.B. in the hands of the victim.
The clenching of the hands is a manifestation of cadaveric spasm in the
effort of the victim to save himself from drowning.
Homicidal D. = struggle, motive, articles found near the place, phys. injuries
Suicidal D.= note, heavy objects, mentality, Hx of previous attempt
Accidental = Absence of violence in the body., exclusion of suicide, witnesses
Burking – invented by Burke and Hare= murder for the sale to medical schools
- Kneels or sits on the chest and the hands close the mouth and nostrils
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Qualitative test for CO in the blood
a) Kunkel’s test – 4 volume of water + 3x its volume of 1% tannic acid
- crimson red if positive
WAR GASES
Classification based on the physiological action
1. Lacrimator or Tear gas – causes irritation with copious flow of tears
a) Chloracetphene (C.A.P.)
b) Bromobenzyl cyanide (B.B.C.)
c) Ethyl Iodoacetate ( K.S.K.)
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2. Vesicant of Blistering Gas – contact with skin cause bleb or blister formation
a) Mustard gas ( Dichlordiethyl sulfide, yellow cross, Yperite)
b) Lewisite ( Chlorovinyl-dichlorarsine)
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= If vehicle is not put into a stop after the 1st Col. > the unrestrained
occupants will continue to strike to some parts of the vehicle interior.
Pedestrian-Vehicle Collision:
Death or Physical Injuries to pedestrian
1.Primary impact – Contact with vehicle
2. Secondary impact – Subsequent impact of the pedestrian to the ground
- Accounts for the multiple injuries
3. Run over Injuries
4. Hit and run Injuries
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Social reaction to the Child abuse and Neglect;
1. Report of Maltreated or abused child – within 48 H
- Freedom from liability of the reporting person or institution.
2. The court may deprive parents of their authority over the child or adopt
other measures for the welfare of the child.
3. Establishment of public and private welfare institutions for the care and
abused, neglected, abandoned, infirmed, or other conditions which require
aid, support or treatment.
4. Abuse, neglect or abandonment of children is made a criminal act or
omission.
Virtuous female - If her body is pure and if she have never had any sexual
intercourse with another, though her mind and heart is impure.
Duration of Laceration:
1. Fresh bleeding laceration – recent origin
2. Fresh healing with fibrin formation and with edema of the surrounding
tissue – after 24H
3. Healed laceration with congested edges and with sharp coaptible borders.
– 4 days to 10 days.
4. Healed laceration with sharp coaptible borders without congestion
>10 days or 2 or 3 weeks.
5. Healed laceration with rounded non-coaptible borders and retraction of
edges > a month
Carnal knowledge: is the act of a man in having sexual bodily connection with a
woman, even with slightest penetration.
Absence of sperms does not negate the commission of the crime of rape.
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The following specimens may be examine for seminal fluid and sperms:
1. Wearing apparel of the victim and the alleged accused.
2. Vaginal smear from the victim.
3. Stains on the body of the victim and of the accused.
4. Stains found at the site of the commission of the offense.
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The fetus is considered born:
- If it is alive at the time it is completely delivered from the mother’s womb.
- If the fetus had an intra-uterine life of less than 7 months, it is not deemed
born if it dies within 24H after its complete delivery from the maternal
womb.
Paternity - civil status of the father with respect to the child begotten by him.
Legitimate children – are those who were born on lawful wedlock or within 300
days after the dissolution of marriage.
Children born after 180 days following the celebration of the marriage and
Before 300 days following the dissolution or the separation of the spouses shall
be presumed to be LEGITIMATE. Provided there is no physical impossibility of
the husband having access to his wife.
Impotency – is the physical incapacity of either sex to allow or grant to the other
legitimate sexual gratification.
Sterility – is the loss of power of procreation and is absolutely independent of
whether or not impotence is present.
INSANITY:
= Sociological concept: is the persistent inability through mental causes to adapt
oneself to the ordinary environment.
= Medicine : is the prolonged departure of the individual from his natural mental
state arising from bodily disease.
= Law : the relation of a person and the particular act which is the subject of the
judicial investigation.
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b) Delusion Rule – a person is not responsible for his act if
he is suffering from delusion although he knows that he is
wrong.
a.2 If he did know, he did not know what he was doing was
wrong.
b. Irresistible Impulse Rule – a person is considered insane when mental
disease has rendered him incapable of restraining himself, although he
understands what he is doing and knows it is wrong.
c. Durhams Rule – The accused is not criminally responsible if his act was
the product of mental disease or mental defect.
d. Currens rule – In order to make the accused not responsible for his act it
must be proven that at the time of committing the prohibited act the
defendant, as a result of mental disease or defect, lacked substantial
capacity to conform his conduct to the requirements of the law which he
allegedly violated.
e.2 The term” mental disease or defect” does not include as abnormality
manifested only by repeated criminal or otherwise anti-social conduct.
DRUG DEPENDENCE
Dangerous drug – is a drug whose use is attended by risk and therefore unsafe,
perilous and hazardous to people or to society.
Prohibited drugs:
1. Opium and its active components and derivatives, such as heroin,
morphine
2. Coca leaf and its derivatives; cocaine
3. Alpha and beta eucaine, hallucinogenic drugs; LSD
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4. Indian hemp and its derivatives
5. Other drugs whether natural or synthetic with the physiological effect of
narcotic drug.
Regulated drug
1. Self-inducing sedatives such as secobarbital. Phenobarbs
2. Any salt of an isomer of Amphetamine like benzidrine
3. Hypnotic drugs such as mmethaqualone
ALCOHOLISM
Ethyl alcohol – Ethanol or grain alcohol said felony.to commit
- Used as solvents, antiseptics, beverage
86
4. THE LAW PENALIZING MANUFACTURE OF LIQUOR WITHOUT
LICENSE IS VALID.
87
Physical tests to determine drunkenness:
1. Rombergs test – standing straight with eyes closed, heels together for 1 min.
2. Stand straight with one foot ahead of the other
3. Sample of handwriting compared when he is free from alcohol
4. Walk to a corner and back
***** Withdrawal of blood from a dead body cannot be a ground for civil
damage.
***** There is no violation of constitutional privilege against self-
incrimination because the privilege applies only to testimonial compulsion and
does not apply to the taking of physical evidence from an accused.
= Purely mechanical and it does not utilize the mental faculties of the
subject.
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3. Analysis of urine
4. Analysis of body tissue
5. Analysis of saliva, perpiration, spinal fluid
The longer the time interval between extraction and examination, the more it
increases the alcohol contents of the sample.
89