LEGAL/FORENSIC MEDICINE

Atty. Tony D. Rebosa,MD,BSCrim

• LEGAL MEDICINE … application of medical knowledge to the purposes of law and in the administration of justice

• MEDICAL JURISPRUDENCE … knowledge of law in relation to the practice of medicine

PRINCIPLE OF STARE DECICIS

• When the court has once laid down a principle of law or interpretation as applied to certain state of facts, it will adhere to and apply to all future cases where the facts are substantially the same

BASIC PRINCIPLES GOVERNING APPLICATIONS AND EFFECTS

OF LAWS• 1. Ignorance of the law excuses no one from compliance

therewith• 2. Laws shall have no retroactive effect unless the

contrary is provided• 3. Rights may be waived unless the waiver is contrary to

law , public order, morals or good customs or prejudicial to a third person with a right recognized by law

• 4. Customs which are contrary to law, public order and public policy shall not be countenanced. A custom must be proved as a fact according to the rules of evidence.

• 5. Laws are repealed only by subsequent ones and their violation and non-observance shall not be excused by disuse, custom or practice to the contrary

EVIDENCE

• - means sanctioned by the Rules of Court of ascertaining in a judicial proceeding the truth respecting a matter of fact

TYPES OF MEDICAL EVIDENCE

• 1. AUTOPTIC or REAL EVIDENCE … addresses to the senses of the court

• 2. TESTIMONIAL EVIDENCE … ex. MD in the witness stand• a) Ordinary Witness• b) Expert Witness• 3. EXPERIMENTAL EVIDENCE … if allowed by the court to

confirm or corroborate• 4. DOCUMENTARY EVIDENCE … writings/photographs• a) medical certificates• b) medical expert opinion• c) deposition• 5. PHYSICAL EVIDENCE … articles and materials found in

connection with the investigation and which aids in establishing the identity of the perpetrator

• CRIMINALISTICS … ID, collection, preservation, and mode of presentation of physical evidence; application of sciences in in crime detection and investigation

• CORPUS DELICTI EVIDENCE … objects/substances which maybe a part of – the body of the crime

• ASSOCIATIVE EVIDENCE … evidence that may link suspect to the crime

• TRACING EVIDENCE … evidence that may assist investigator in locating the suspect

• SKETCHING … rough drawing of the scene or object

• Rough … made at the crime scene

• Finished … sketch prepared from the rough sketch for court presentation

KINDS OF EVIDENCE NECESSARY FOR CONVICTION

• DIRECT … that which proves the fact in dispute without the aid of any inference or presumption

• CIRCUMSTANTIAL … the proof of facts from which taken either singly or collectively, the existence of a particular fact in dispute may be inferred as a necessary or probable consequence

WEIGHT, SUFFICIENCY AND APPRECIATION OF EVIDENCE

• CIVIL CASE … preponderance of evidence

• CRIMINAL CASE … proof/guilt beyond reasonable doubt

• ADMINISTRATIVE CASE … substantial evidence

DECEPTION DETECTION• 1. Devices that record the psycho- physiological responses• Polygraph/lie detector machine

(25% error)• Word Association test• Psychological Stress Evaluator• 2. Drugs that try to “inhibit the inhibitor” • Truth Serum –hyoscine

hydrobromide• Narcoanalysis / narcosynthesis• Intoxication• 3. Hypnotism …alteration of consciousness and concentration in which the

subject manifests heightened suggestibility • 4. Observation• 5. Scientific Interrogation• 6. confession … expressed acknowledgement by the accused in a criminal

case of the truth of his guilt as to the crime charged

TYPES OF CRIMINAL OFFENDERS

• 1. Based on Behavioral Attitude• Active Aggressive Offender …

impulsive, aggressive behavior• Passive Inadequate Offender …• inducement, promise, reward• 2. Based on the State of Mind• Rational Offender … with motive,

intention, pre-evident meditation• Irrational Offender … does not know nature

and quality of act

• Based on Proficiency• Ordinary … lowest form of criminal

career, limited skill• Professional … highly skilled, rarely

detected ex. Pickpockets,shoplifter

• Based on Psychological Classification• Emotional … heat of passion, anger,

revenge• Non-Emotional … commit crimes for financial

gain and are usually recidivist

TECHNIQUES OFINTERROGATION

• 1. EMOTIONAL APPEAL

• 2. MUTT AND JEFF

• 3. BLUFF ON SPLIT PAIR TECHNIQUE

• 4. STERN APPROACH

• 5.LENGHTY, TIME CONSUMING NARRATION

IDENTIFICATION

• LAW OF MULTIPLICITY OF EVIDENCE IN IDENTIFICATION

• the greater the number of points of similarities and dissimilarities of 2 persons compared, the greater is the probability for the conclusion to be correct

CHARACTERISTICS THAT MAY NOT EASILY BE CHANGED

• Mental memory• Speech• Gait• Mannerism• Hands and feet• Complexion• Eye changes• Facies• Left/right handedness• Degree of nutrition

GAIT … manner of walking

• ATAXIC … tabes dorsalis• CEREBELLAR … staggering movement• COW’S … swaying movement, knock-

knee• PARETIC … short steps, foot drag,• SPASTIC … stiff• FESTINATING … involuntary movement• FROG … hopping gait, infantile • WADDLING … duck

FACIES/FACIAL EXPRESSIONS

• HIPPOCRATIC … pinched nose

• MONGOLIAN … almond eyes

• FACIES LEONINE … lion-like

• MYXEDEMIC … pale, edematous face

FINGERPRINTING

• Considered to be the most valuable method of identification and is universally used because:

• 1. There are no two identical fingerprints

• 2. Fingerprints are not changeable

• DACTYLOGRAPHY … is the art and study • of recording fingerprints as a means of

identification

• DACTYLOSCOPY … is the art of identification by comparison of fingerprints. It is the study

and utilization of fingerprint

• POROSCOPY … study of the pores found on the papillary or friction ridges of the skin for purposes of identification

KINDS OF IMPRESSION

• REAL IMPRESSION … impression of the finger bulbs with the printing ink on the surface of the paper

• CHANCE IMPRESSION … fingerprints impressed by mere chance without any intention to produce it. It may be:

• - Visible• - Plastic• - Latent

• CAN FINGERPRINTS BE EFFACED?

• CAN NGERPRINTS BE FORGED?

• BIBLIOTICS … science of handwriting analysis

• GRAPHOLOGY … study of handwriting for the purpose of determining the writer’s personality, character and aptitude

• DISGUISED WRITING … deliberate attempt on the part of the writer to alter his writing

habit by endeavoring to invent a new writing style or imitating the writing of another person

• SIGNATURE FORGERY EXAMINATION … the most common activity of a Question Document Examiner. Such documents may be found in checks, deeds of conveyances, anonymous letters, suicide notes, receipts, etc.

• CLASSIFICATION OF SIGNATURE FORGERY• - traced• - simulated• - spurious

IDENTIFICATION OF SKELETAL REMAINS

• SEX … pelvis, skull, femur, sternum, humerus

• MALE PELVIS

•

LEGAL IMPORTANCE IN THE STUDY OF BLOOD

• 1. For disputed parentage (paternity/maternity)• 2. Circumstantial or corroborative evidence against or in

favor of the perpetrator of the crime• 3. Determination of the cause of death• 4. Determination of the direction of escape of the victim

or the assailant• 5. Determination of the approximate time the crime was

committed• 6. Determination of the exact place of the commission of

the crime • 7.Determination of the presence of certain diseases

CHEMICAL EXAMINATION

• 1. Saline extract of the blood stain plus will give a brownish tinge due to the formation of alkaline hematin

• 2.Benzidene test

• 3. Guiacum test

• 4. Phenolphthalein test

• 5. Leukomalachite Green test

MICROCHEMICAL TESTS

• 1.Hemochromogen Crystal or Takayama test

• 2. Teichman Blood Crystal Test or Hemin Crystal test

• 3. Acetone –Haemin of Wagenhaar test

BIOLOGIC TEST

• PRECIPITIN TEST … determines whether blood/semen is of human origin or not

• BLOOD GROUPING