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SPECIALIZED CRIME

INVESTIGATION with
LEGAL MEDICINE

MR. RYAN ZUBIRI


– is a special study of modern techniques in the.
investigation of serious and specific crimes
including murder, homicide, rape, abortion,
robbery, arson kidnapping, carnapping and criminal
negligence. The emphasis is on physical evidence
rather than an extra judicial confession.
General Considerations in Forensic/Legal
Medicine
 Evidence – is the means, sanctioned by law, of ascertaining
in a judicial preceding the truth respecting a matter of fact.

 Forensic Medicine – is a branch of medical science which


deals with application of medical knowledge to elucidate legal
problems.

 Legal Medicine – is a branch of medicine which deals with


application of medical knowledge to the purposes of law and
justice.

 Medical Jurisprudence – is a branch of law which deals


with the organization and regulation of the medical
profession.
Difference Between Legal Medicine and
Medical Jurisprudence
1. Legal medicine (L.M.) is a branch of medical
science
while Medical jurisprudence (M.J.) is a branch
of law
2.L.M. It is a medicine applied to law and
administration of justice
While M.J. It is a law applied to the practice of
medicine
3. L.M. originates from the development of
medical science
While M.J. emanates from the act of congress,
executive orders, administrative circulars
customs and usages and decisions of tribunals
which have relation to the practice of medicine
 4.L.M. is based on the principle of

coordination; that legal medicine coordinate


medicine to law and justice
 M.J. is based on the principle of subordination;

that is the duty of the physician to obey the


laws in as much as our government is
established on the principle of government of
laws and not of men and that no one is
considered above the law.
Difference between a medical jurist and an
ordinary physician
1. An ordinary physician ignores trivial injuries
not needing treatment which a medical jurist
records all injuries to qualify the crime or
justify the act.
2. An ordinary physician sees injury or disease to
be able to treat while a medical jurist sees
injury or disease in order to find out the cause.
3. The purpose of an ordinary physician is to
arrive at a definite diagnosis and institute
proper treatment while a medical jurist testifies
on bodily lesion seen for justice.
Forms of Medical Evidence

a. Real
b. Testimonial
c. Experimental
d. Documentary
Methods of Processing Evidence:

Photography and sound recording


Sketching
Description
Testimony of witnesses
Evidence Necessary for Conviction

a. Direct Evidence


b. Circumstantial evidence

Kind of Witnesses

 a. Expert witnesses - opinion of a witness regarding a question


of science, art or trade, when he is skilled therein, may be
received in evidence.
 b. Ordinary Witnesses - all persons who, having organs of
sense, can perceives, and perceiving, can make their perception
to others, may be witnesses.
Medico-legal Aspect of Identification

A. When an unknown body is found, the following should


be noted by the investigator to facilitate identification
 1. Place where body is found
2. Time when found
3. Cause of Death
4. Time when death occurred
5. Approximate age
6. Supposed profession
7. Description of the body
Medico-legal Aspect of Identification
 B. Points of Identification applicable to both living and dead before onset of
decomposition

 1. Occupational marks
 2. Race – Color of skin, shape of skull
 3. Stature
 4. Teeth
 5. Tattoo Marks
 6. Weight
 7. Deformities
 8. Birth Marks
 9. Injuries leaving permanent result
 10. Moles
 11. Scars
 12. Tribal marks
 13. Sexual organ
 14. Blood Group
 15. Fingerprint
Medico-legal Aspects of Death

DEATH – is the termination of life. It is the


complete cessation of all the vital functions without
possibility of resuscitation.
Types of Death

Brain death – death occurs when there is


irreversible coma absence of electrical brain activity
and complete cessation of all the vital functions
without possibility of resuscitation.

Cardio-Respiratory Death – death occurs when


there is continues and persistent cessation of hearth
action and respiration.
Kinds of Death
 Somatic or Clinical Death – state of the body in which
there is complete, persistent and continues cessation of the
vital functions of there brain, hearth and lungs which
maintain life and health.

 Molecular or Cellular Death – 3-5 hours later death of


individual cells.

 Apparent Death or State of Suspended Animation –


not really death but merely a transient loss of consciousness
or temporary cessation of the vital functions of the body on
account of disease, external stimulus, it may arise especially in
hysteria, uremia, catalepsy and electric shock.
Signs of Death

1. Cessation of heart action and circulation.


2. Cessation of respiration.
3. Cooling of the body (Algor Mortis)
4. Post-mortem caloricity – is the rise of temperature
of the body due to rapid and early putrefactive
changes or some internal changes. (Observed in the
first two or some internal changes. (Observed in the
first two (2) hours after death)
5. Insensibility of the body and loss of power to
move.
Changes in the skin

1. Livid discoloration due to the gravitation of blood


2. Loss of elasticity of the skin:
3. Post –mortem Contact Flattening – body becomes
flattened on areas which are in contact with the
surface it rests.
4. Opacity of the skin
5. Effect of application of heat
Changes in and about the eye

1. Loss of corneal reflex.


2. Clouding of the cornea.
3. Flaccidity of the eyeball.
4. Pupil is in the position of rest, (non-reactive)
5. Ophthalmoscopic Findings
Note: “Tache Noir de la Sclerotique - a spot
which maybe oval or round triangular with the base
towards the cornea and may appear in the selera a
few hours after death. (yellowish-black ) due to thin.
Changes in the Body following death

1. Stage of Primary flaccidity


2. Stage of Rigor Mortis (post-mortem rigidity
cadaveric or death struggle of muscles
3. Stage of secondary flaccidity
4. Putrefaction or decay
5. Cadaveric
Changes in the Blood

1. Coagulation of blood
2. Post mortem lividity

Hypostatic lividity- inside blood vessels


Diffusion lividity - outside the blood vessels in the
tissue of the body
Causes of Death

1. Natural Death


2. Violent Death - Accident, Negligent, Infanticidal,
Parricidal , Murder, Homicidal
3. Judicial Death
Medico-Legal Aspect of Physical Injuries
 Physical Injuries - effects of the application of stimulus to the body

 Causes of Physical Injuries

 1. Physical Violence
 2. Heat or cold
 3. Electrical energy
 4. Chemical energy
 5. Radiation
 6. Change in the atmospheric pressure

 Note: Injuries brought about by physical violence - lead to production of wound

 Wound - the solution of the natural continuity of tissue of the living body
 Vital reaction - sum total of all reactions of tissue and organs for which activities of
living cells are necessary.
 Defense wounds - result of instinctive reaction of self-protection
Classification of Wounds
Classification of Wounds

3. As to manners of Inflection


Hit by means of bolo, blunt instrument, etc.
 thrust stab

 Tearing or stretching

 Gunpowder explosion

 Sliding or rubbing

4. As regards the Depth


 Superficial
 Deep – penetrating or perforating
Classification of Wounds

 5. As regards the relation of the site of the application of force


and location of injury

 Coup injury - injury found at site of the application of force


 Contre Coup - injury found opposite the site of the application of force.
 Coup Contre Coup - injury found at the site and also opposite the
application of force
 Locus minoris resistancia - injury found both at the site or opposite the
site of the application of the force but in some areas offering least
resistance to the force applied.
 Extensive Injury - injury involving a greater area beyond the site of the
application of force.
Classification of Wounds

 6. As to Regions of Organs (Legal Classification)


 Mutilation - intentional act of lapping or cutting of any
part of the living body
 Serious Physical Injury - injury that will incapacitate the
subject for more than 90 days
 Less Serious Physical Injury - Injury that will require
medical attendance for 10 days or more but not more
than 30 days
 Slight Physical Injury & Maltreatment - Injury that will
incapacitate subject and require medical attendance from
1 to 9 days
Classification of Wounds

 7. As to the Types of Wounds


 Closed Wounds - when there is no breach of continuity of
skin or mucous membrane.
 Superficial Closed Wounds
 Epithelia - extraversion of blood in the subcutaneous
tissue or mucous membrane
 Contusion or bruise - wound not on the surface of the
skin but in the substance of the true skin and the
substance of cellular tissue-color is red and sometimes
purple soon after the injury.
Classification of Wounds

Change in the Color of Contusion



 4-5 days color changed to green
 7-10 days it becomes yellow & gradually disappear on the

 14th or 15th day - Note: The ultimate disappearance of


color varies from 1 to 4 weeks depending upon the
severity and constitution of the body.
 Hecatomb (blood tumor) - extravasations of blood in a
newly formed cavity
 Ecchymosis - a form of hematoma only that the extent of
extravasations of blood is wider but thinner.
Classification of Wounds

 Deep Closed Wounds


 Simple fracture
 Sprain - subcutaneous separation or tearing of the
articular tendons, ligaments or muscles.
 Strained – tearing or rupture of muscle fibers
 Dislocation – displacement from each other of the articular
surfaces of bones entering into the formation of a joint.
 Cerebral or brain concussion – the jarring or of the brain
leading to some commotion of the cerebral substance.
 Internal Hemorrhage – Intracranial, Rupture of organs,
Laceration of organs
Classification of Wounds
Classification of Wounds
Medico-Legal Aspect of Wounds:
 The following rules must be always observed:

 1. All injuries must always be described however small for it may be important
later.
 The description of wounds must be comprehensive.

 2. General Investigation of Surroundings

 Place where crime was committed


 Examination of clothing, stains, cuts, hairs and other foreign bodies that may
be found in the scene of the crime.
 Investigation of those persons who may be witnesses to the incident or which
could give light to the case.
 Examination of the wounding instrument.
 Photography, sketching, or accurate description of the scene of the crime for
purposes of preservation.
Medico-Legal Aspect of Wounds:

3. Examination of the Wounded Body - examination


applicable to the living and dead victim:

Age of the wound from the degree of healing
Determination of the weapon used in the
commission of the offense.
Determination whether the injury is accidental,
suicidal or homicidal.
Reason for the multiplicity of wounds in cases where
there are more than one wound.
Medico-Legal Aspect of Wounds:

 4. Examination of the Wound



 Characteristic of the wound
 Location of the wound
 Direction of the wound
 Number of the Wound
 Extent of the Wound
 Condition of the surrounding of the wounds
 Condition of the locality
 Degree of hemorrhage
 Evidence of struggle
 Information as to the position of the body
 Presence of letter or suicide note
 Condition of the weapon
Medico-Legal Aspect of Wounds:

 5. Determination whether the wounds were inflicted during life or after


death

 Hemorrhage - more profuse when wound was inflicted during lifetime
of the victim
 Signs of inflammation - there may be swelling of the area surrounding
the wound. Other vital reaction maybe present whenever the wound
was inflicted during life.
 Signs of repair - fibrin formation, scab or scar formation conclusively
show that wound was inflicted during life.
 Retraction of the edge of the wound - Owing to the vital reaction of the
skin and contractility of the muscular fibers, the edges of the wound
inflicted during life retract and cause gaping.
Medico-Legal Aspect of Wounds:

 6. Points to consider in the determination whether the wound is


homicidal, suicidal or accidental

 External signs and circumstances related to the position and attitude of
the body when found.
 Location of the weapon or the manner in which it is held.
 The motive underlying the commission of the crime or the like.
 The personal character of the deceased.
 The possibility of the offender to have purposely changed the truth of
the condition and other information such as a) Signs of struggle b)
Number and directions of wounds c) Nature and extent of the wound d)
State of the clothing
Medico-Legal Aspect of Wounds:

7. Length of time of survival of the victim after


infliction of wound

Degree of healing
Changes in the body in relation to the time of death
Age of the blood stain
Testimony of witnesses when the wound was
inflicted.
Medico-Legal Aspect of Wounds:
 8. Possible instrument used by the assailant in inflicting the injuries

 Contusion - by blunt instrument


 Incised wound - by sharp-edged instrument
 Lacerated wound - produced by blunt instrument
 Punctuated wound - by sharp pointed instrument
 Stab - by sharp-edged and pointed instrument
 Gunshot wound - the diameter of the wound entrance may approximate the
caliber of the wounding firearm.

 9. Which of the injuries sustained by the victim caused death?



 This can be ascertained by examining by examining individually the
wounds and noting which of them involved injury to some vital organs or large
vessels or led to secondary result causing death.
Medico-Legal Aspect of Wounds:

 10. Which of the wounds was inflicted first?



 Relative position of the assailant and the victim when the
first injury was inflicted on the latter
 Trajectory or course of the wound inside the body of the
victim.
 Organs involved degree of injury sustained by victim.
 Testimony of witness.
 Presence of defense wounds on the body of the victim if the
victim tried to make defense act during the initial attack,
then the defense wounds must have been inflicted first.
Medico-Legal Aspect of Wounds:

11. Relative Position of Victim and Assailant when


Injury was inflicted

Location of the wound in the body of the victim
Direction of the wound
Nature of the instrument used in inflicting the injury
Testimony of witnesses
Death or Physical Injuries Brought About by Powder
Propelled Substances:

 1. Production of Combustions

 Bullet - Gunshot wound


 Flame - Singeing

 Smoke -smudging

 Gun powder residue - tattooing

 Grime - tattooing

 2. Firearm Wounds
 Gunshot Wound
Difference between Entrance and Exit of
gunshot wound
ENTRANCE EXIT
1. Appears to be smaller than missile 1. Always bigger than missile
owing to elasticity of tissue except
contact fire.
2. Edges inverted 2. Edges averted

3. Usually overlaid or rounded 3. Variable shape

4. Contusion collar present 4. Contusion collar absent

5. Other product of combustions 5. Always absent


when firing is near
6. Paraffin test may be positive 6. Always negative
Death or Physical Injuries Brought About by Powder
Propelled Substances:

 3. Determination of Relative Position of Victim &


Assailant

 Contusion Collar - the wider side points to the source of the


missile.
 Smudging & Tattooing - the side with more or intense
deposit points to the source of the missile.

 4. Determination of the probable caliber of the firearm


used in the infliction - measure in centimeter of the cross
diameter of the gunshot wound fro collar to collar - the
shortest is the probable caliber.
Death or Physical Injuries Brought About by Powder
Propelled Substances:

 5. Determination of the distance of fire



Contact fire - intense laceration & undermining of
the point entrance. Normal bigger than exit.
Distance of six (6) inches presence of smudging
and tattooing.
Beyond six (6inches but within thirty six (36)
inches - presence of the tattooing.
Beyond thirty six(36) inches only the gunshot
wound will be present
Death by Asphyxia
All forms of violent death which results
primarily from the interference with the
process of respiration or to condition in
which the supply of oxygen to the blood or
tissue or both has been reduced below
normal level.
Death by Asphyxia

 All forms of violent death which results primarily from the interference
with the process of respiration or to condition in which the supply of
oxygen to the blood or tissue or both has been reduced below normal
level.

 1. Hanging
 2. Strangulation
 a. by ligature
 b. manual or throttling
 c. special forms of strangulation
 c.1. palmer
 c.2. garroting
 c.3. mugging or yoking
 c.4. compression of neck with stick
Death by Asphyxia

 3. Suffocation
 a. smothering – closing mouth and nostrils by
solid objects
 b. choking

 4. Asphyxia by submersion in water (drowning)


 5. Asphyxia by pressure on the chest
 6. Asphyxia by irrespirable gases
Death by Asphyxia

 1. Hanging - is the suspension of a person by a ligature


around the neck.
Death by Asphyxia

2. Strangulation – is a violent form of death, which


result from constricting the neck by means of a
ligature or any other means without suspending the
body.
a. by ligature - the pressure upon the neck may be
effected by compressing whole or part of the circumference
of the neck by a ligature

b. manual or throttling - when the constriction is produced


by the pressure of the fingers and the palm.
Death by Asphyxia

c. special forms of strangulation

c.1. garroting - loop of thin string thrown from


back and tightened.
c.2. mugging or yoking- holding the victim’s
neck in the bend of the elbow.
c.3. compression of neck with stick
Medico-Legal Aspects of Sexual
Crimes
 What is Virginity? It is a condition of a female who not experienced sexual intercourse.

 Kinds
 Moral virginity
 Demi-virginity
 Virgo-Inacta
 Physical virginity - True physical virginity, False physical virginity

 Determination of the condition of virginity
 Breast
 Vaginal canal
 Labia majora minora
 Fourshette & perineum
 Hymen
 Rougosites
Medico-Legal Aspects of Sexual
Crimes
 What is Defloration? It is the laceration or rupture of the hymen as a result
of sexual intercourse.

 Classification

 Incomplete Laceration – Superficial or Deep
 Complete
 Complicated

 Healing Time of Hymenal Laceration

 superficial – 2 to 3 days
 extensive tear – 7 to 10 days
 complicated – if with intervening infection will require longer to heal
Medico-Legal Aspects of Sexual
Crimes
Duration of Laceration of the Hymen

 fresh bleeding laceration – rupture quite recent
 healing – after 24 to 7 days

 recently healed – 7 days to 3 months

 old healed – 3 mos to years


Medico-Legal Aspects of Sexual
Crimes
 Medical Evidence to Consider in Sexual Crimes

 1. Evidence from the victim
 2. Alleged time and place of the commission of the crime.
 3. Date, time and place of the examination.
 4. Condition of clothing.
 5. Physical and mental development of victim.
 6. Gait, facial expression etc.
 7. Examination of body for sign of violence
 8. Examination of genetalia
 a. hymen
 b. hymental orifice
 c. vaginal canal
 d. rougosites
 e. fourshette
 f. pubic hair
 g. labias
 h. presence of spermatozoa
Medico—Legal Aspects of Pregnancy

 Pregnancy – is a state of a woman who has within her body the going product
of conception.

 Legal importance of the study of pregnancy

 1. Pregnancy ground for the suspension of the execution of the death sentence
in women
 2. A conceived child is capable of receiving donation.
 3. Duration of pregnancy – 270-280 days from onset of last menstruation.
 4. Abnormally prolonged gestation – beyond 300 days.
 5. Minimum period of gestation – compatible with viability of the child born at
180 days may live.
 6. Super fecundation – fertilization made by separate intercourse of two ova
which have escaped at the same act of ovulation.
 7. Pseudocysis or spurious pregnancy – imaginary pregnancy
Medico—Legal Aspects of Pregnancy

 Medico-Legal Aspects of Delivery



 1. Delivery is the process by which in a woman gives birth to her offspring.
 2. Puerperium – is the interval between the termination of labor
(delivery) to the complete return of the reproductive organ its normal
pregnant state-last from 6 to 8 weeks.
 3. The study of delivery is important because proof delivery is necessary
in judicial action on the following:
 a. Legitimacy
 b. Abortion
 c. Infanticide
 d. Concealment of birth
 e. In slander or libel
Medico—Legal Aspects of Pregnancy

4. Methods of delivery



 a. Natural Route – the normal passages-
Spontaneous, Surgical intervention, Instrumentation
 b. Surgical Route – Abdominal caesarian
section, vaginal caesarian section, Post-mortem
caesarian section
Medico-Legal Aspect of Abortion

 Willful killing of the fetus in the uterus, or violent expulsion


of the fetus from the natural womb and which results to the
death of the fetus

 Principal elements of crime

 1. That the expulsion of the product of conception is
induced.
 2. That the fetus dies either as an effect of the violence used,
drug administered or fetus was excelled before the term of
its viability.
Provision of the Revised Penal Code
on Abortion
 1. Intentional Abortion
 a. That the woman is pregnant
 b. Violence was applied on such pregnant woman without
the intention of abortioning her.
 c. The woman aborted as result of the violence.

 2. Unintentional Abortion
 a. The woman must be pregnant
 b. Violence was applied on such pregnant woman without
the intention of abortioning:
 c. The woman aborted as aborted as result of the violence.
Provision of the Revised Penal Code
on Abortion
3. Abortion Practiced by the woman herself or by her
parents

 a. The woman is pregnant
 b. Abortion is intended to be committed
 c. Abortion is induced by
 d. The pregnant woman
 e. Other person with consent of the pregnant woman
 f. The presents of the woman, or either of them for the
purpose of concealing her dishonor and with the consent of
the woman herself
Provision of the Revised Penal Code
on Abortion
4. Abortion practiced by a physician or midwife
and dispensing of abortions
 The woman is pregnant
 The physician induced or assisted in causing the abortion

 The acts done by the physician or midwife intended to


cause an abortion
 There must be intention of the physician to produce
abortion and the absence of intention will not make the
physician criminally liable.
Kinds of Abortion

a. Spontaneous or natural


b. Induced – therapeutic or criminal
Medico-Legal Aspects of Birth

Legal importance of the study of birth:



a. Birth determines personality
b. Appearance of a child is ground for the revocation
of donation.
c. Proof of live birth must first be shown before of
the child by the prosecution in the case of infanticide
Medico-Legal Aspects of Infanticide

INFANTICIDE – is the killing of a child less than
three (3) days old.
How the crime committed?

 1. By omission or neglect
 Failure to litigate the umbilical cord
 Failure to protect the child from heat and cold
 Omission to take the necessary help of a midwife or skilled physician.
 Omission to supply the child with proper proof food.
 Omission to remove the child from the mother’s discharge with resulted to suffocation

 2. By Commission
 By inflicting physical injuries
 By suffocation
 By strangulation
 By drawing
 By poisoning
 By burning
 By deliberate exposure to heat and cold

3. Other allied causes
 Abandoning a minor
 Abandoning a minor by person entrusted with custody indifference of parents.
Medico-Legal Aspects of Paternity and
Filiation

PATERNITY – is the civil of the father with respect
to the child begotten him.

FILIATION – is the civil status of the child in
relation to its mother or father.
 Legal importance of determining Paternity & Filiations
 For succession
 For enforcement of the naturalization and immigration laws.

Death by Asphyxia

 3. Suffocation or Smothering – closing mouth and nostrils


by solid objects

 4. Asphyxia by submersion in water (drowning)

 5. Asphyxia by pressure on the chest

 6. Asphyxia by irrespirable gases


SEXUAL DEVIATIONS

 HOMOSEXUALITY = sexual desire towards the same sex. hetero sexuality

 INFANTOSEXUALITY = sexual desire towards an immature person. Also


known as PEDOPHILIA
 BESTOSEXUAL = sexual desire towards animals, also known as bestiality.

 AUTOSEXUALITY = self-gratification, also known as masturbation

 GERONTOPHILIA= sexual desire towards an old person

 NECROPHILIA = a sexual perversion characterized by erotic desire or actual


sexual intercourse with a corpse
SEXUAL DEVIATIONS

 INCEST = sexual relations between person who, by reason


of blood relationship cannot legally marry
 SATYRIASIS = excessive sexual urge of men
 NYMPHOMANIA = excessive sexual urge of women
 FELATTIO = the female agent receives the penis of a man
into her mouth and by friction with the lips and tongue
coupled with the act of sucking initiates orgasm.
 CUNNILINGUS sexual gratification is attained by licking or
sucking the external female genitalia
SEXUAL DEVIATIONS

 ANILINGUS = a form of sexual perversion wherein a person


derives sexual excitement by licking the anus of another person
of either sex
 SADISM =(Active Algolagnia) = A form of sexual perversion in
which the infliction of pain on another is necessary for sexual
enjoyment.
 MASOCHISM (passive algolagnia) = A form of sexual
perversion in which the infliction of pain by another is necessary
for sexual enjoyment.
 FETISHISM = a form of sexual perversion wherein the real or
fantasied presence of an object or bodily part is necessary for
sexual stimulation and gratification.
SEXUAL DEVIATIONS

PYGMALIONISM = a sexual deviation whereby a


person has sexual desire for statutes.
FROTTAGE = a form of sexual gratification
characterized by the compulsive desire of a person
to rub his sex organ against some part of the body of
another
VOYEURISM = a form of sexual perversion
characterized by a compulsion to peep to see
persons undress or perform other personal activities.
END

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