Download LEGAL/FORENSIC MEDICINE

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 Laws are repealed only by subsequent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 nonobservance 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
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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 …
maybe a part
of
objects/substances which
– 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
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1. Devices that record the psychophysiological 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
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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
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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, knockknee
• PARETIC … short steps, foot drag,
• SPASTIC … stiff
• FESTINATING … involuntary movement
• FROG … hopping gait, infantile
• WADDLING … duck
FACIES/FACIAL EXPRESSIONS
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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:
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- Visible
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- Plastic
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- 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
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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