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Assignment for 2023 FPI forensic

Week 1 (14.7-18.7)

1. Do you like forensic medicine? Give reasons and


explain.
Forensic medicine appeals to me for a number of strong reasons.
First off, forensic medicine is crucial in solving the puzzles behind the intricate and
frequently perplexing circumstances underlying fatalities and injuries. It entails using scientific
ideas to address complex legal and medical problems. It is difficult yet intellectually gratifying to
piece together the facts, examine the data, and draw conclusions using scientific principles.
Second, forensic medicine plays a significant part in the administration of justice.
Forensic experts help to ensure that the wicked are punished and the innocent are cleared by
precisely identifying the cause and manner of death. My conviction in justice and moral
principles are reflected in my quest of the truth.
Overall, the combination of scientific rigor, dedication to justice, interdisciplinary
character, and the exciting problems it brings are what make me appreciate forensic medicine. It
represents a commitment to finding the truth that is consistent with my skills and ideals, making
it a field that I actually like.
2. Describe Trial of a criminal case with flow chart.
Explain it.

An Incident Occurs:
1. In case of a cognizable offense (serious crimes like murder, theft, etc.),
the victim or any witness can file an FIR ( First Information Report) with
the police. The police start their investigation. The case is transferred to a Sessions
Court for trial.

2. Noncognizable Offense Trial Process:

Incident Report: The process begins with the direct complaint of a


noncognizable offense to the court.

Death Case Inquest

Death Occurs: A person dies under suspicious circumstances.


1. Police Inqusest
A police inquest involves law enforcement agencies investigating the
circumstances of the death.
2. Inquest by magistrate
This is the initial step when a death occurs under suspicious circumstances
or as a result of a crime.
It is led by a coroner or medical examiner to determine the cause and
circumstances of death.

At the Court

I. Sommon
It is a serious request that witnesses appear in a court of law. Going at the
trial court at the scheduled time and day is required. The court magistrate has
signed the summons, which is issued by him or her. The summons may be
delivered to the witness by a member of the court staff or by the police and to
government employees through the department head.

II. Witness
Any individual is eligible to testify as a witness in a court of law if the judge
determines that he is not hindered from comprehending the questions or from
providing logical responses.
1. Ordinary witness
A Ordinary witness gives testimony regarding what he has observed, heard,
or sensed in connection with a case.

2. Competent witness
A competent witness, in legal terms, refers to an individual who is
considered capable and legally qualified to testify in court or provide evidence
in a legal proceeding.

3. Expert Witness
The viewpoint of a person who is very knowledgeable in the field is
important when establishing an opinion about a scientific or artistic concept,
as well as when determining the identity of handwriting or fingerprints. An
expert witness is one who makes such a claim.

4. Hostile witness
A hostile witness is one who intentionally or unintentionally tells a lie or
suppresses facts partially or completely. When a witness is declared hostile, he
might be cross-examined by the same side counsellor. If a person under oath
presents false evidence in a court of law, he may be imprisoned (perjury).
III. Evidence

Any information, facts, documents, objects, or testimony submitted in a court of


law to support or prove a claim, dispute, or issue in a case is referred to as
evidence. The court system relies on evidence to make fair and informed decisions
based on facts rather than guesswork or bias.

Evidence is classified into two types:

1. Direct evidence proves a fact without requiring any inference or assumption. An


eyewitness who testifies that they witnessed the defendant conduct the crime, for
example, is termed direct evidence.
2. Circumstantial Evidence: This sort of evidence does not explicitly prove a fact,
but rather is based on circumstances or indirect links from which conclusions
might be drawn. Finding the defendant's fingerprints at the crime scene, for
example, could be deemed circumstantial evidence indicating their presence.
3. Hear - say Evidence
Evidence of a fact that a witness did not perceive with his own senses but was
proven to have been expressed by another. What a nurse told the doctor the patient
said in his absence is hearsay, and the doctor cannot attest for its veracity.
4. Medical evidence may be:
(a) oral evidence
(b) documentary evidence
5. The Chemical Examiner's report is not usually followed by oral evidence unless
either party requests it.
6. Exhibitive evidence, also known as demonstrative evidence, refers to visual aids,
objects, diagrams, models, or other tangible representations submitted in a judicial
action to assist the judge, jury, or other parties engaged in explaining or clarifying
complex facts. Exhibitive evidence, as opposed to testimonial evidence, which is
based on oral or written claims, is designed to provide a visual and tactile depiction
of facts or concepts in a case.

IV. Examination

1. Examination in chief
It is the first examination of a witness by the lawyer who calls him,
examining the prosecution witness by the prosecution counsel (or the defense
witness by the defense attorney). The goal of this examination is to unearth facts
that are helpful to one's own position. Questions on pertinent facts are authorized.
An expert witness will be asked for his or her interpretation of the facts.
2. Cross-examination
It is the opposing counsel's examination of the witness. In other words, the
prosecution witness is cross-examined by the defense counsel, or vice versa.
Questions on the pertinent facts are allowed. Other questions outside those raised
in the main examination may be asked. This is recognized as the most trustworthy
method of determining the worth of evidence.

3. Re-examination
The attorney who conducts the examination in chief has the right to re-
examine the witness following the cross examination.
The goal is to explain any differences discovered during cross examination.
Questions about fresh facts are not permitted without the approval of the court or
opposing counsel. If the new facts are allowed, the opposing counsel may cross-
examine the witness anew on this point.
Without the approval of the opposing counsel, leading questions are not permitted.
4. Examination by the court
The judge may examine the witness at any time to clarify any
doubts. The questions could be about medical or technical words that the
judge is unfamiliar with.

V. Legal Proof
Legal proof is the most reliable evidence. When evidence is processed
through the court system, the finished or crystallized form is referred to as legal
proof. It will then be admissible as evidence in a trial court.

VI. Arguments for Conclusion:

Both the prosecution and defense make closing arguments in which they
summarize their claims and interpret the evidence.

VII. Deliberation of the Jury:


The jury deliberates to make a decision in a jury trial.
The jury must agree on whether the defendant is guilty or not guilty.

VIII. Judgement
If the defendant is found guilty, the penalty will be determined by the judge.
The defendant is acquitted and discharged if found not guilty.

IX. Appeals (Optional):


Either side has the right to appeal the verdict or specific rulings made during the
trial. Higher courts assess the trial proceedings and findings during the appeals
process.

3. List the objectives and types of death in which


forensic autopsy should be done. Describe
investigational procedure in all medicolegal deaths.

A forensic autopsy, also known as a medicolegal autopsy, is performed to


ascertain the cause and manner of death in situations involving suspicious, abrupt,
violent, or unexplained circumstances. A forensic autopsy's key goals are as
follows:
1. Positive identification of the body and assessment of size, physique, and
sustenance
2. Determination of the cause of death
3. Determination of the mode of death and time of death, where necessary and
possible
4. Displaying all external and interior deformities, malformations, and diseases
5. Detect, describe, and measure any exterior and internal injuries.
6. Collect samples for analytical, microbiological and histological testing, and
any other investigations that may be required.
7. Keeping relevant organs and tissues as evidence
8. Obtaining images and video clips for evidentiary and educational purposes
9. Providing a detailed written report of the autopsy results
10. Providing an expert assessment of those findings
11. To return the body to the finest cosmetic condition possible before releasing
it to the family

Forensic autopsies are typically performed in the following types of deaths:


1. When a person dies as a result of an accident, suicide, or homicide.
2. Infanticides
3. When a person dies as a result of an illegal abortion
4. When any woman of childbearing age fainted and died unexpectedly
5. Poisoning deaths of all kinds
6. Unexpected and sudden deaths
7. All deaths that occur within 24 hours of hospital admission
8. Cases discovered deceased or brought in dead
9. All deaths in which no doctor comes forward to declare the cause of death.
10. Natural disaster-related deaths
11. Deaths as a result of iatrogenic causes or therapeutic errors
12. Deaths that occur on the operating table
13. Deaths occurring before to complete recovery from full anesthesia
14. When the deceased was covered by life insurance
15. Whenever death occurs in suspicious places and circumstances
(a) death in custody
(b) death in home for the aged
(c) death in adopted children's home
(d) death of servants or maids
(e) death of a mental hospital inmate
16. When death was caused by neglect
17. When death was caused by narcotic drugs
18. When mortality happens as a result of illegal operations, such as vasectomy or
sterilization without board approval

In all medicolegal deaths, there is an investigational process.


1. History obtained from the police, relatives, neighbors, and the local government,
as well as any eyewitnesses, a history of anguish, a history of medical problems,
operations, and hospitalizations , a social and family history of substance abuse
(alcohol and drugs)
2. Self-photographs from police at the scene of the crime
3. Personal Identification fundamental qualities absolute traits
4. Postmortem examinations External and internal examinations
5. Additional research histology toxicology
6. Consultation with the police
5. Further police information on subsequent police investigations
7. Reviewing the case and rendering a final decision

Throughout the inquiry, forensic pathologists, police enforcement, legal


professionals, and other experts work together to ensure a full and accurate
knowledge of the facts surrounding the death. The ultimate goal is to provide fair
and scientifically sound information that can help with judicial proceedings and
justice.

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