Académique Documents
Professionnel Documents
Culture Documents
deals with investigation , preparation, preservation and Power to impart to others verbally or in writing all those he has
presentation of evidence and medical opinion in courts observed
and other legal, correctional and other law-enforcement
Facts & Fallacies
settings
Misconceptions among the public
Legal Medicine
Medico-legal practitioners must also be lawyers
refers to substantive law defining the relationship
between and among hospitals, doctors, patients One has to be a pathologist to be involved in this line of work
In government
When the patients case goes to court, the medico-legal What are these so-called MEDICO-LEGAL CASES?
practitioner is called to testify on the facts of the injury, the 1. Injuries or deaths involving persons who have no means of being identified
treatments patient received in the Hospital, his expert
opinion as to the cause of the patients injury and other 2. Persons pronounced as Dead on Arrival (DOA)
related matters
3. Death under the following circumstances: Either to the PNP or the NBI
3.1 Death occurring within 24 hours of admission when the clinical cause Tap a City or Municipal or Provincial Heath Officer
of death is unknown or undetermined
If the Hospital has the authority to conduct autopsy but the relatives
3.2 Unexpected sudden death especially when the deceased is in apparent
refuse to cooperate, the death certificate is merely filled up by putting as
good health
the cause of death undetermined
3.3 Death due to natural disease but associated with physical evidence of
suspicious nature or foul play In effect, it is also as if no death certificate has been issued
3.4 Death as a result of violence, accident, suicide or poisoning because legally the body cannot be buried without a cause of
3.5 Death due to improper or negligent act of another person death
4.1 Physical violence such as gunshot wound, stab wound, mauling etc Conducts
4.2 Vehicular accident
autopsy
4.3 Asphyxia
examination of victims of sexual crimes
4.4 Electrocution
examination of victims of physical injuries
4.5 Chemical or thermal insult
examination of skeletal remains
4.6 Accident
examination of body fluids - blood and/or blood stains, seminal
4.7 Attempted homicide or suicide
fluid/stain, vaginal fluids or contents
4.8 Poisoning
Exhumation of bodies
5. Cases of child abuse, domestic violence, rape, alcoholism and drug addiction Histopathological examination
7. Iatrogenic causes brought about by negligent acts or omissions of the hospital Branches of Law where Legal Medicine maybe applied:
staff resulting in violation of rights of patients or leading to his physical and
mental incapacitation, physical injury and death Civil Law
No consent is required for the autopsy although the next of kin is informed Circumstances affecting criminal liability
of this requirement and his signed consent is obtained as a matter of Crimes against persons
courtesy Crimes against chastity
Remedial Law
Death certificate cannot be completed without the autopsy
Rules on evidence
If the hospital has no authority to conduct autopsy, it refers the case to a
Proceedings of hospitalization
government body
Physical/mental examination of a person
Autopsies shall be Performed in the following cases:
Whenever required by special laws Graduate anthropology students studied insect succession (i.e. the study of
Upon order of a competent court, mayor and a provincial or city fiscal which species of insect fed on the decaying corpse, and in which order etc)
Upon written request by police authorities and the effects of weather and climate on decomposition. The aim of the
Whenever the Solicitor General, provincial or city fiscal deem it necessary to facility was to attempt to answer the original question of time since death
disenter or exhume and take possession of the remains for examination to to a greater degree of scientific certainty.
determine cause of death
Forensic Medicine
Whenever the nearest kin shall request in writing the authorities concerned
to ascertain the cause of death Patricia Cornwell brought worldwide attention on the ARF, when she
Forensic Science Disciplines: commissioned Bass to carry out some research on the effect of bodies
laying on objects with distinctive outlines (for example a coin), and then
DNA Analysis
being found in a separate location - could the imprint be distinctive enough
Forensic Anthropology
to form the basis of an identification of that object at a later date?
Forensic Archeology
Forensic Pathology Forensic Science Disciplines:
Forensic Odontology
Questioned Document Analysis
Forensic Psychiatry & Psychology
Forensic Taphonomy Blood Splatter Analysis
Hair Analysis
Updates in Forensic Medicine Fiber Analysis
Glass fragments and paint chips analysis
Forensic Taphonomy
Ballistics and Tool marks
Complete study of the postmortem fate of human remains, utilising Fingerprints
the following Footwear
Patterned Abrasions/Tire Impresions
Archeological
Paleopathological
Case Discussion:
Biological
Chemical An 18 year-old female, single, came to a medical clinic complaining that she
Geographic, and has been raped
Anthropological techniques
Deaths Acre (Inside the Body Farm) by Dr. Bill Bass and Jon Jefferson History of the Present Complaint:
In 1964, Bill Bass, forensic anthropologist was asked the following question; Can One (1) month PTC, a certain Mr. Invierna, by use of force and
you examine a skeleton and estimate the time since death?' intimidation, had carnal knowledge with her in Burnham Park at 10:00
p.m. For fear of her parents wrath, she kept what happened to herself
He said that this was not possible, but it was a question to which he would later and came for medical examination only today
spend a considerable amount of time and effort attempting to answer
Examination Findings:
The ARF (named Bass' Anthropological Research Facility or BARF by some
opponents) started life as a donated patch of land at the University of Recently healed hymeneal lacerations at 4 and 6 oclock
Tennessee, Knoxville USA upon which donated bodies were placed on a No signs of recent application of force at the perineal area
concrete slab, protected by a wire and timber cage frame.
Internal Examination: admits 2 examining fingers with ease, shallow 2. Testimonial Evidence
vaginal rugosities;
Physician may be commanded to appear before the court to give his
Lab Exams: (+) for spermatozoa testimony
Physical Evidence that may help the investigator to locate the suspect 3. Description: Putting into words the person or thing to be preserved
e.g. Drops of blood going towards the direction where the suspect fled Minimum Standard Requirements
Opinions/conclusions are reached independently of interests of litigants Success or failure may rest solely on the ability to evaluate the
statement given by the suspect or witness
Informs the counsel of the party engaging his services of all favorable and
unfavorable information Task for its determination lies solely on the hand of the investigator
Must acquaint himself/herself of courtroom procedures, decorum, layout, Methods of Deception Detection
availability of presentation aids
Devices that record psycho-physiological responses
Must disclose to the lawyer who engages him anything that he thinks
might affect the effectiveness of his testimony Use of Drugs that try to inhibit the inhibitor
Hypnotism
Willing to disagree with so-called authorities if convinced that they are
wrong By observation
Recognizes that contrary opinions will not necessarily discredit him Scientific interrogation
Most effective if firmly convinced that the theory of liability espoused by Confession
counsel is viable and he/she corroborates this
Nervous System
EXPERT WITNESS:
Nervous System has three major components
Entitled to funds covering travel and attendance in court, and an expert
witness fee 1. Central Nervous System
2. Autonomic Nervous System
Must not be compensated on a contingent fee basis 3. Peripheral Nervous System
Central Nervous System
Preferably makes an oral report rather than in writing
Primarily controls the motor and sensory functions that occur at
Is served with a subpoena to indicate he is not a voluntary witness
or above the threshold
Is put on call during the trial May be voluntary or involuntary
Autonomic Nervous System
Truth
A self-regulating autonomic response of the body
A good lawyer wants you to find out the TRUTH, and he/she wants to
know ahead of time so he/she is not caught by surprise later on. Autonomic Nervous System
If an experts opinion is contrary to what the lawyer expects to prove his 2 Complimentary branches
case, all is not lost. He might want to settle rather than go to trial.
Sympathetic: Physical strain, emotional (fear, anger,
Deception Detection excitement, lie detection)
Pursuit of Truth Parasympathetic: Works to restore things to normal (calm,
contented, relaxed)
Knowledge of Truth
Psycho-physiological Responses from the Autonomic Nervous System (Slide 7)
Physical Responses to Emotion (Slide 8-11) Inadmissibility of Polygraph
*(Slide 15-16) Thus, a person can not be compelled to be subjected to a lie detector test
Polygraph Examination Inadmissibility If there is a stipulation of the parties and counsels that they will accept the
results
Reasons for the inadmissibility to the court of the result of polygraph
examination: If the defendant agrees to the admission of the polygraph result, then he
should not object if the subsequent result turns to be unfavorable to him
Experimental Stage: lacks degree of standardization
Judge has the discretion as to admissibility of the test result
Useful in investigation of a crime but has no place in
courtroom Other Devices that Record Psycho-physiological responses
Trier of fact is apt to give almost conclusive weight to the 1.2 Word Association Test
polygraph experts opinion Lists of stimulus and non-stimulus words are read to the subject who is
instructed to answer as quickly as possible
Methods:
When the subject is asked questions with reference to his name, Use of drugs that inhibit the inhibitor
address, civil status, nationality, etc. that has no relation with the
2.1 Use of Truth Serum - a misnomer!
subject-matter of the investigation, the tendency is to answer quickly
Does not make someone tell the truth and what is administered is not a
When the question bear some words which have to do with the
serum but is actually a drug
criminal act the subject allegedly committed, like knife, gun or
hammer which is used in the killing, the tendency is to delay the Hyoscine hydrobromide-by hypodermic injection
answer
Depressant of CNS- (cortex, diencephalons)
Test is not concerned with the answer, be it a yes or a no. the
important factor is the time of response in relation to stimulus or non- Repeated doses induces to a state of delirium
stimulus words
Patient feels the compulsion to tell the truth, forgets his
Subject cannot be compelled to be subject to the test without his alibi, gives details of his acts or may even implicate others
consent
Has potential risk, seldom used by law enforcement
1.3 Psychological Stress Evaluator (PSE) agencies
When a person speaks, there are audible voice frequencies, and Statements taken from the subject while under the influence of the truth
superimposed on these are the inaudible frequency modulations, serum are involuntarily obtained hence they are not admissible as
which are products of minute oscillation of the muscles of the evidence
voice mechanism
2.2 Narcoanalysis or Narcosynthesis
Such oscillation of the muscles or microtremor occurs at
Use of Sodium amytal/ Sodium pentothal
the rate of 8 to 14 cycles per second and controlled by
the nervous system. Drug causes the depression of the inhibitory mechanism of the
brain and the subject talks freely
Psychological Stress Evaluator (PSE)
Administration of this drug and subsequent interrogation must be
When a person is lying, the microtremor in the voice utterance is
done by a psychiatrist with a long experience on the line
moderately or completely suppressed
Not admissible in court also
Degree of suppression varies inversely to the degree of
psychological stress in the speaker. 2.3 Intoxication with Alcohol: In Vino Veritas
PSE detects, measures and graphically displays the voice Ability of alcohol to reveal the real person behind the mask which
modulation that we cannot bear all of us are said to wear (mask of sanity) is reflected in the age-
old maxim, in vino veritas (in wine there is truth)
2. USE OF DRUGS THAT TRY TO INHIBIT THE INHIBITOR
Method Employed in Intoxication with Alcohol
2.1 Administration of truth serum
Person whose statement is to be taken is allowed to take alcoholic
2.2 Narcoanalysis or narcosynthesis
beverages to almost intoxication
At this point the power to control diminishes and the investigator State of the mind, skill and professionalism of the examiner are too
starts pounding questions and recording answers subjective to permit admissibility of the expert testimony
Questioning must start during the excitatory state when the Confession while under hypnotic spell is not admissible as evidence because
subject has the sensation of his well-being and when his action, such psychiatric treatment is involuntary and mentally coercive (Leyra v
speech and emotion are less strained due to the lowering of the Demro, 347 U.S. 556, 74 S Ct 716, 98 (1954)
inhibition normally exercised by the higher brain centers.
Although hypnosis may not yield admissibility evidence it may be of some
But when the subject is already in depressive state, he will no use during investigation as a discovery procedure
longer be able to answer any question
Confessions made by the subject while under the influence of alcohol may
4. BY OBSERVATION
be admissible if he is physically capable to recollect the facts that he
uttered after the effects of alcohol have disappeared A good criminal investigator must be a keen observer and a good
psychologist
But in most instances, subject can not recall everything that he had
mentioned or he may refuse to admit the truth of the statement given A subject under stress on account of the stimulation of the sympathetic
nervous system may exhibit changes that may be used as a potential clue
Other Methods of Deception Detection
of deception
3. HYPNOSIS:
And since just one or a combination of the following signs and symptoms
The alteration of consciousness and concentration in which the subject are not conclusive or a reliable proof of guilt of the subject, their presence
manifests a heightened of suggestibility while awareness is maintained infers further investigation to ascertain the truth of the impression
Not all persons are susceptible to hypnotic induction Physiological and Psychological Signs and Symptoms of Guilt
Reasons why Hypnotism is Sweating with a pallid face may indicate shock or fear
Not Admissible in Court
Sweating hands indicate tension
It lacks the general scientific acceptance of reliability of hypnosis per se in
ascertaining the truth from falsity Color Change
The fear that the trier of facts will give uncritical and absolute reliability to a Flushed face: anger, embarrassment and shame
scientific device without consideration of its flaws in ascertaining veracity Pale face: sign of guilt
Possibility that the hypnotized subject will deliberately fabricate Dryness of the Mouth, Swallowing and Licking of the lips
Prospect that the state of heightened suggestibility in which the hypnotized Excessive Activity of the Adams Apple
subject is suspended will produce distortion of the fact rather than the truth Peculiar feeling inside
Tension of lightness of the head and the subject is confused
Fidgeting 5. SCIENTIFIC INVESTIGATION
Subject is restless, nervous and observed to
Questioning of a person suspected of having committed an offense or of
moving about in the chair
persons reluctant to make a full disclosure of information in his possession
pulling his ears
which is pertinent to the investigation
rubbing his face
picking and tweaking the nose May be done on a suspect or a witness
crossing and uncrossing his legs
Types of Criminal Offenders
rubbing the hair, eyes, eyebrows
For purposes of investigation, the different types of Criminal Offenders:
biting or snapping fingernails, etc
A. Based on behavioral attitude
Swearing to the truthfulness of his assertion
1. Active aggressive offenders - impulsive manner
Usually a guilty subject frequently utters such expressions
Aggressive behavior e.g. crimes of passion, revenge and resentments
Matayak man tatta (Mamatay man ako ngayon)
Tamaan dak man ti kidlat(Tamaan man ako ng kidlat) 2. Passive inadequate offenders
I swear to God I am telling the whole truth
B. Based on the state of the mind:
I hope my mother drops dead!
I swear to God etc 1. Rational offenders
Such expressions are made to make forceful and his assertion of
innocence Those who commit crime with motive or intention and with full
possession of their mental faculties
Spotless past records E.g.: Killing with evident premeditation
Subject may assert that it is not nor possible for him to do Those who commit crime without knowing the nature and quality of his
anything like that inasmuch as he is a religious man and that he act.
has a spotless record Example: Mad killer
Subject does not look into the investigators eyes for the fear that 1. Ordinary offenders
his guilt may be seen in his eyes
2. Professional offenders
He will rather look at the floor or at the ceiling
Example: Pick-pocketing and shoplifting
Not that I remember expression
D. Based on Psychological classification
Subject will resort to the use of not that I remember expression
1. Emotional offenders
when answering to be evasive or to avoid committing something
prejudicial to him
Sympathetic approach Conclusive upon the court & may be considered a mitigating
circumstance to criminal liability
2. Non-emotional offenders A plea of guilty when formally entered on arraignment is sufficient
Persons who commit crimes for financial gain to sustain of any offense, even a capital one, without further
Usually recidivist or repeaters proof
Appeal to his common-sense and reasoning rather than to his emotion Sec 2, Rule 129, Rule of Court
Maltreatment of Prisoners
Some Techniques of Interrogation
Maltreatment of prisoners for the purpose of exhorting confession or to
Emotional appeal obtain some information is a crime!
Mutt and Jeff technique
Bluff on split-pair technique Art 235, Revised Penal Code
Stern approach Penalty of arresto mayor in its medium period to prision
Subject is given the opportunity to make a lengthy, time-consuming correccional in its minimum period
narration
6. Confession
An expressed acknowledgment by the accused in a criminal case of the Torture or cruel inhuman treatment
truth of his guilt as to the crime charged, or of some essentials thereof
As defined under Tokyo Declaration
Is different from admission
Deliberate, systematic or wanton infliction of physical or mental
Admission is a statement of fact by the accused which does not directly suffering by one or more persons acting alone or on the orders of any
involve an acknowledgment of guilt authority, to nforce another person
Made in an open court Otherwise it will be a ground for the dismissal of the case or the
acquittal of the accused
Importance of Identification Inasmuch as the object to be identified is highly perishable, it is necessary
for the team to act in the shortest possible time especially in case of mass
Identification of a person missing or presumed dead will facilitate
disaster
Settlement of the ff
No rigid rule observed in the procedure of identification of persons
Estate
Retirement Methods of Identification
Insurance and
By comparison
Other social benefits
It vests on the heirs the right over the properties of the identified Identification criteria recovered during investigation is compared to
person records available in the file or
If the identity cannot be established, then the law on presumption of Postmortem findings are compared with antemortem records, eg
death (Art. 390, Civil Code) must be applied which requires the lapse of
seven years before a person can be presumed dead Latent fingerprints recovered from the crime scene are
compared with the fingerprints on file of an investigating
In special instances, the seven years period may be reduced to four agency
years (Art. 391, Civil Code)
Dental findings on the skeletal remains are compared with the
Identification resolves the anxiety of the next-of-kin, other relatives and dental records of the person in possession of the dentist
friends as to the whereabouts of a missing person or victim of calamity or
criminal act By exclusion
Identification may be needed in some transactions, like If two or more persons have to be identified and all but one is not yet
identified, then the one whose identity has not been established may
Encashment of check be known by the process of elimination
Entering a premise
Delivery of parcels of registered mail in post office IDENTIFICATION OF PERSONS
Sale of property (Outline)
Release of dead bodies to relatives
I. Ordinary Methods of Identification
Parties to contract, etc.
Rules in Personal Identification A. Points of Identification Applicable to Living Person Only
Value of the different points of identification varies in the formulation of a 2) Characteristics that may not easily be changed
conclusion
B. Points of Identification Applicable to Both Living & Dead Before Onset
Fingerprints of Decomposition
Visual recognition
The longer interval between death and examination of the remains for II. Scientific Methods of Identification
purposes of identification, the greater need for experts in establishing Ordinary Methods of Identification
identity
Characteristics which may easily be changed:
Growth of hair, beard and mustache Miner tattoo on the hand
Clothing
Dyer, photographic developer, printer chemical stain of the hands
Frequent place of visit
Grade of profession 2. Race Differences
Body ornamentations
Characteristics which may NOT be easily changed Race Color Feature of Shape of the
Mental memory of Skin face skull
Speech Caucasian Fair Prominent Elongated
Gait patterns sharp nose skull
Malayan Brown Flat nose, Round head
Mannerism stereotype movements or habits peculiar to an
round face Round head
individual
Mongolian Fair Almond Flat head
Hands and feet eyes
Complexion Negro Black Thick lips,
Changes in the eyes prominent
Facies eyes
Left or right handedness
Degree of Nutrition
Points of Identification Applicable to both Living and Dead before decomposition 3. Stature
sets in:
Growth most active from 5 7 and from 13 16 yrs
1. Occupational Mark
2. Race Growth of person rarely exceeds 5.0 cm after age 18 yrs
color of skin
Person ceases to grow in height after age 25 yrs
features of face
features of skull When rate of growth is increased, horizontal growth is reduced
wearing apparel
Shrinkage of height
3. Stature: a person ceases to increase in height after the age of 25
4. Tattoo marks Old age
Mason callosities on the palms of the hands 2X length of one arm plus 12.5 inches from the clavicle and 1.5 inches from
the sternum
Blacksmith scars from burns at the back of hands
2X the length from the vertex of the skull to the pubic symphysis Burns ands scald- scars are large, irregular in shape, and may lead
to keloids. Scar of scald may show stippled surface
Distance between the suprasternal notch and the pubis symphysis is about
one-third of the height Gunshot wounds- depressed are center and may be adherent to
the underlying tissue
Distance from the base of the base of the skull to the coccyx is about 44%
of the height Characteristics of the scar
Length of forearm from tip of olecranon process to the tip middle finger is Tuberculosis sinus- Irregular in shape furrowed, with edges
5/19 of the height (or 19/5 times forearm length) Flogging- Fine white lines diagonally across back, depressed small spots are
interval
8X the length of the head is approximately equal to the height of the
Gumma- depressed scar following loss of tissue
person
Lupus bluish-white scar
4. Tattoo Marks- introduction of coloring pigments in the layers of the skin by Venesection-
multiple puncture Wet cupping- Short parallel scars on lower part of the back and loin
11. Tribal marks- marks on the skin by tattooing or branding
Importance
Helps in identifying a person 12. Sexual organ- circumcision
Indicates memorable events in his life 13. Blood examination- blood type, disease, parasitic infection or toxic substances
Indicate the social stratum to which the person belong. present may be utilized to distinguish one person from another
Implies previous commitment in previous or membership in a criminal
gang
5. Weight - easily changes from time to time. Anthropometrical measurement of the human body as the basis of
identification
6. Deformities - congenital or acquired
Basis:
7. Birth marks - spot nevi, port wine, or a mongolian blue spot
Human skeleton is unchangeable after the twentieth year
described as to shape. Location, dimension, color, or degree of
pigmentation Impossible to find two human beings having bones exactly
alike
8. Injuries leaving permanent results - amputation, improper union of fractured
bones. Necessary can easily be taken with the aid of a simple
instrument
9. Moles
Information included in the Bertillon System
10. Scar- Remaining mark after healing of wounds
Descriptive data color of hair, eyes, skin . . .
Characteristics of the scar may show the cause of the previous lesion:
Body marks moles, scar, tattoo
Surgical operation: regular form and situation of stitch marks
Anthropometric measurements
Body measurements height, width, sitting height A person can hardly recognize another person at a distance
farther than 100 yards if the person has never been seen before,
Measurement of head
Persons who are almost strangers may be recognized at a distance
Measurement of the limbs
of twenty-five yards
ANTHROPOMETRY
3. Flash of firearms
PORTRAIT PARLE- (Spoken Picture)
By experiment, letters 2 inches high can be read with the aid of
a verbal, accurate and picturesque description of the person the flash of caliber .22 firearms at a distance of two feet
identified BUT it is hardly possible for a witness to see the assailant in case
of a hold-up or a murder because:
ROGUES GALLERY or PHOTOGRAPHIC FILES- Usually the assailant is hidden
Assault is unexpected and attention of witness is at its
marked files wherein the picture of a suspect is compared with the
minimum
cartographic sketch
4. Flash of lightning
EXTRINSIC FACTORS IN IDENTIFICATION: Produces sufficient light for the identification of an individual
provided that the persons eye is focused towards the individual
Ornamentations he wishes to identify during the flash
Personal belongings 5. Artificial light
Identity is relative to the kind and intensity of the light
Wearing apparel Experiments maybe made for every particular artificial light
concerned
Foreign bodies
II. Scientific Methods of Identification
Identification by close relatives A. Fingerprinting
B. Dental Identification
Identification records on file at the police department, C. Handwriting
immigration bureau, hospitals, etc. D. Identification of skeleton
Identification photograph E. Determination of sex
F. Determination of age
LIGHT AS A FACTOR IN IDENTIFICATION G. Identification of blood and blood stains
H. Identification of hair and fibers
Particularly important when there is an eye witness to a crime:
I. DNA Fingerprinting
1. Clearest Moonlight or starlight
A. FINGERPRINTING
Experiments have shown that the best-known person cannot be Most valuable method of identification; universally used because:
recognized by the clearest moonlight at a distance greater than 16
to 17 yards and by starlight any farther than 10-13 yards There are NO two (2) identical fingerprints
Particularly important when there is an eye witness to a crime: Fingerprints are not changeable
2. Broad daylight Fingerprints are an indelible signature which a person carries from cradle
to grave
Uses of Fingerprints: Plastic print
1. Help establish identification in cases of dead bodies and unknown or Printed on paraffin, putty, resin, cellophane, plastic, tape,
missing persons butter, soap, and etch
2. Fingerprints recovered for scne of crimes are associative evidence,
Latent print
associative persons are weapons
3. Fingerprints on file are useful for comparative purposes and for the Prints that are not visible after impression but made visible
knowledge of previous criminal records by the addition of some substances
4. Among illiterate, right thumb printing is
substitute for signature on legal documents (Philippines), left thumb (India) B. Dental Identification
and right pointing finger (Spain)
Important in the following reasons
Dactylography
1. The possibility of two (2) persons to have the same dentition is quite remote.
Art and study of recording fingerprint as a means of identification Why?
Art of identification by comparison of fingerprints Some of the teeth may be missing, carious, with filling materials, and
with abnormality in shape and other peculiarities
Study and utilization of fingerprints
2. Enamel of the teeth is the hardest substance of the human body, to outlast all
Poroscopy other tissues during putrefaction or physical destruction
Type study of identification of the pores found on the papillary or 3. After the death, the greater the degree of the tissue destruction, the greater is
friction ridges of the skin for purposes of identification the importance of dental characteristics as means of identification
aka Locards Method of Identification 4. The more recent the ante-mortem records of the person to be identified, the
more reliable is the comparative or exclusionary mode of identification that can
Methods of Producing Impressions (Fingerprints)
be done
Plain method
Accurate Dental Recording
Rolled method
P.D. 1575 requires that practitioners of dentistry to keep records for 10
Kinds: years of their patients to make accurate dental records available for
purposes of comparison or exclusionary mode of identification. Upon the
Real Impressions
lapse of ten years, they shall turn over the dental records to the NBI
Chance Impressions
Forensic Odontologist- dentist specializing in dental identification
Chance Impressions may be
Sex- examination for the presence of Barr bodies (sex identification) from
Visible print palatal scrapping
By the opinion of persons who are familiar with the handwriting Giving a Sample of Ones Signature
of the alleged writer
As a respondent, can you be compelled to give a sample of your
By the opinion of an expert who compares the questioned writing signature/handwriting for the purpose of comparing the same to a
with that of other writings which are admitted or treated to be questioned signature? Why?
genuine by the party against whom the evidence is offered
No, because handwriting is not a mere physical movement of
See Sec. 44 (b), Rule 130- Opinion of Ordinary witness ones arms, movement of hands, but involves ones intelligence
Some practical uses of handwriting examination: Therefore, it is a testimonial knowledge violative of the right
against self-incrimination
Financial crimes- bogus checks, credit cards fraud and embezzlement
Points to be Considered In Questioned Document Examination
Death investigation- suicide notes, hotel registration cards, letter of
explanation. Size
Slant
Robberies- pawnshop receipts, cashing of stolen checks Spacing
Proportion of the letters
Kidnapping with ransom- demand notes, threatening letter.
Speed & Rhythm in writing
Anonymous threatening letters Shading & change in position in pen hold
Pressure
Falsification of documents- deeds of conveyance, receipts Penlift
Initial & Terminal strokes
Alignment
Handwriting Handwriting Exam Done by Comparison with known Standards
Bibliotics Two (2) types of handwriting examination
Science of writing analysis Collected (procured) standard
Consist of handwriting by a person suspected to have The paper wherein his signature is to be copied is placed o top of the
written the questioned document document containing the signature
It may be found in public or private records of the person By means of a strong light underneath, the forged signature is
or from other sources traced from the genuine, either directly or lightly by a pencil
outline
Provided it is clear and sufficient, it is the most
appropriate standard By placing the paper to receive the signature tracing underneath the
document bearing the genuine signature and by indented outline on the
15 handwriting specimens (used as standards)
underneath page, or by interweaving the documents with carbon paper
Requested standard to produce a carbon outline on the forged paper
How to determine whether the remains comes from a single individual or A daughter above 21 but below 23 can not leave the parental home
not: without the consent of the father or mother in whose company she lives,
except to become a wife, or when she exercises a profession or calling, or
A complete lay-out of the bones on a table in their exact locations when the father or mother has contracted a subsequent marriage (Art 403,
in the human body is necessary Civil Code)
Any plurality or excess of the bones after a complete lay-out Certain Crimes wherein a Specific Sex Can only be the Offender or Victim
denotes that the remains belong to more than one person
In Case of Prostitution
However, congenital deformities must not be forgotten
Women who for money or profit, habitually indulge in sexual
The inequality in sizes, specially in the limbs may be antemortem intercourse or lascivious conduct are deemed prostitutes (Art 202.
No. 5, Revised Penal Code)
Basis of the estimate for duration of interment:
In Adultery, the offender is a married woman
Presence or absence of soft tissue still adherent to the bones In Concubinage, the offender is a husband
Sex Determination
Firmness and weight, brittleness, dryness of the bones How to determine sex:
Degree of erosion of the surface of the bones Social tests
Genital tests
Changes in the clothing, coffin and painting Gonadal tests
Chromosomal test
Problems in Sex Determination
Gonadal agenesis- testes or ovaries have never developed
True hermaphrodism- A state of bisexuality. The gonads of both
E. DETERMINATION OF SEX sexes are present which may be separated or combined as
Legal importance of determination of Sex Determination ovotestis
Evidences of Sex
As an aid in identification Presumptive Evidences
To determine whether an individual can exercise certain obligations Highly Probable Evidences of Sex
vested by law on one sex only Conclusive Evidences of Sex
Presumptive Evidences Examination of the product conception
General features & Contour of face G. IDENTIFICATION OF BLOOD AND
+/- of hair in some parts of body BLOOD STAINS
Length of the scalp hair
Clothes & apparel, but not in transvestite Legal importance of the study:
Figure coke, plum 1. For disputed parentage (maternity and paternity)
Habit or inclination
Voice & manner of speech a. Disputed maternity may arise
Highly Probable Evidences of Sex Alleged switching of babies the nursery of the hospital
Possession of vagina, uterus or penis Cases of stray children claimed by two (2) or more women
Developed, large breasts in female For ownership of dead fetus or newly born child found in the trash
Muscular development & distribution of fats b. Disputed paternity may arise
Conclusive Evidences of Sex Wife committed adultery & husband denied to be the father of the
Presence of ovary in female or testis in male child
Biologic Examinations
Biologic Examinations
Precipitin Test
Determine whether the blood is of human origin or not
Part II: Identification & DNA Fingerprinting Blood Groupings
ABO Blood groups
G. Identification of Blood & Blood Stains Rh group
Legal Importance of the Study of Blood:
Blood Grouping:
1. For Disputed Parentage ( Paternity or Maternity)
Inheritance Patterns of ABO Blood Groups:
A. Disputed Paternity may Arise:
Group of Group of Exclusion Case
Parents Children
OxO O A, B, AB H. IDENTIFICATION OF HAIR AND FIBERS
OxA O, A B, AB Parts of the hair:
OxB O, B A, AB Cuticle - outer layer of hair
AxA O, A B, AB Cortex or middle layer - longitudinal fibers bearing the pigment
AxB O, A, B, AB - Medulla or core- contains air bubbles and some pigments
BxB O, B A, AB Distinction of human hair from animal hair
O x AB A, B O, AB
A x AB A, B, AB O Legal Importance of the Study of Fibers
B x AB A, B, AB O 1. Cotton fibers
AB x AB A, B, AB O 2. Flax fibers
3. Hemp fibers
4. Abaca Fibers
5. Jute fibers
Significance of the Test 6. Wool fibers
May solve disputed parentage (paternity and maternity) 7. Silk fibers
A positive result is not conclusive that the one in question is the 8. Linen fibers
offspring, but a negative is conclusive that he is not the child of the Differentiate Vegetable from Animal Fibers
alleged parents 1. Ignition test
Differential Characteristics of Blood from Different Sources 2. Chemical tests using Nitric Acid
1. Artificial Blood 3. Picric acid test
Bright scarlet in color 4. Millons Reagents test
Leaves the blood vessel with pressure 5. Soaked in Tannic acid
High oxygen content 6. Heated with 10% NaOH
2. Venous Blood
Dark red in color Identification of Hair & Fibers
Does not spill far from the wound Differences between Hair Forcibly Extracted and Naturally Shed Hair:
Low oxygen content If hair root is forcibly extracted, bulb is irregular with undulating
3. Menstrual Blood surface together with excrescences of different shapes and sizes
Does not clot Naturally shed hair has rounded extremity, a smooth surface & shows
Acidic in reaction owing to mixture with vaginal mucous signs of atrophic or fatty degeneration especially in elderly
On microscopic examination, there are vaginal epithelial cells
Contains large number of Deoderleins bacillus Legal Importance of the Study of Hair
4. Mans or Womans Blood Estimation of Age based on the Hair:
No method available yet to differentiate a mans blood from a womans Hair of children
blood Fine, short, and deficient of pigments and, as a rule, devoid of
5. Childs Blood medulla
At birth, it is thin and soft compared with that of an adult Adolescent age
Red blood cells are nucleated and exhibit greater fragility Hair may appear at the pubis
Red blood cells count more than an adult Hair on scalp becomes long, wiry and thick.
Older people
Color usually white or gray with marked absorption of Theoretically, wherever a person is, he is continually shedding off his DNA
pigments and degenerative changes in some form of biological specimen such as saliva, blood, urine, sweat,
I. DNA FINGERPRINTING and even semen and vaginal fluid
A more recent method of identification is through a persons DNA, referred No matter how minute the amount, this can be collected and because of
often as DNA fingerprinting because of its irrefutable way of identifying a its uniqueness will identify the source from whence it came
person, much like a fingerprint
DNA Fingerprinting
DNA (Deoxyribonucleic Acid) Analysis Briefly, the procedure involves taking a DNA pattern sequence from a
Pronounced: ( dee-oxy-rye-bo-new-klee-ic acid ) human cell, cutting it with an enzyme that recognizes a distinctive site
Forensic science is not just DNA analysis Through electrophoresis, there is separation of these fragments by size
Not all forensic issues can be resolved by DNA analysis Then this is probed with a piece of radioactive DNA as a result of which
bands will appear, corresponding to the length of these fragments,
What is DNA? appearing like a bar code like the commercial products sold in
DNA supermarkets
Chemical substance which makes up our chromosomes and controls all DNA typing is a well-established tool for the identification of human
inheritable traits (i.e. eye, hair, skin color) remains
Different for every individual except identical twins It is such a powerful tool that it is resorted to regularly and especially when
Found in all cells with a nucleus (white blood cells, soft tissue cells, bone the traditional methods of identification have not yielded positive results
cells, hair root cells, and spermatozoa) Since DNA is relatively resistant to decomposition, especially in bones, this
Half of the individuals DNA/chromosomes come from the father, the other method can be useful in conditions of incineration, fragmentation or
half from the mother decomposition where ideal specimens can no longer be obtained
DNA strands are made of four (4) different building blocks, ATCG Of the many techniques of DNA analysis, the mitochondrial DNA (mt DNA)
A connects with T, G connects with C analysis is the most effective identification although technically the most
Four building blocks and their sequence in DNA makes up challenging
the letters of the genetic code In difficult cases, the possibility of extracting useful DNA is far better that
An individuals DNA remains the same throughout his life nuclear DNA
In specific regions on a DNA strand each person has a unique sequence of Involves the study of a relatively small amount of DNA found in the
building blocks or genetic code cytoplasm of human cell
It is a persons unique genetic code that allows scientists to identify an It consists of a single strand present in each mitochondrion, which is
individual to the exclusion of all others responsible for aerobic metabolism of the cell
In contrast to a single copy of nuclear DNA per cell, there are hundreds to
Characteristics of DNA
thousands of copies of mitochondrial DNA per cell
Each person has a unique DNA profile
Each persons DNA is the same in all his or her cells
How does DNA solves crime?
An individuals DNA profile remains the same throughout life
DNA Profiling
Most DNA is the same from person to person
Determines the exact genotype of a DNA multiple
Some DNA varies from person to person
Distinguishes one human being from another by identifying a DNA
barcode unique to every individual
WHAT IS DNA AND HOW DOES IT WORK?
DNA Identification Applications
Sexual assault
Homicidal and violent crimes Evidentiary Issues in
Exculpate wrongly accused suspects Forensic DNA Analysis & Testing
Identify serial crimes Admissibility
Identify human remains Evidentiary weight
Sex offender tracking Reading and understanding DNA analysis report
Parentage testing Presenting and making the report admissible
DNA Parentage Testing Applications
Child support enforcement Random Match Probability
Criminal paternity Statistical expression of the significance of the profile match
Identify human remains Probability that an innocent individual, unrelated to the suspect and
Kinship and sibling analysis chosen randomly from the population, will match the DNA profile taken
Twin zygosity from the crime sample
Likelihood Ratio
Statistical expression of the significance of the profile match;
Non-forensic Uses of DNA Methods The ratio of the probability that the DNA profile in the evidence sample
Genetic and other disease diagnosis comes from the suspect, and the probability that the DNA came from a
Rare, endangered and extinct animals research random, unrelated person
Identify war casualties
Historical identification issues Presenting DNA & Making it Admissible
Use of expert witness testimony
DNA Parentage evidence sources: Integrity of the sample(s)
Patenity Maternity Chain of custody
Fresh cord blood Abandoned Interpretation of results and probabilities
Blood abortus Switched Relevance
Prenatal samples Kidnapped infants Competence
Saliva (buccal swabs)
Preservation of DNA evidence:
Possible Results of DNA Analysis Air dry (no heat) all stains or swabs
Exclusion Store frozen in paper bags
DNA profile from the evidence sample does not match the profile Tissue stored frozen are preferably without preservatives (formalin or
of the suspects reference sample embalming fluid)
Suspect is excluded as a source of the evidence Refrigerate liquid blood up to few weeks; freeze for long term storage
Inclusion
DNA profile of the reference sample matches that of the evidence FORENSIC EXPERT
sample as Consultant or Witness:
Suspect is included as a potential source of the evidentiary DNA Complex scientific, medical or technical assistance
Not possible to determine if the samples are the same Evaluation of the case
May arise from sample degradation; contamination, or failure to Literature research
observe some part of the protocol Advise counsel about the discovery of evidence
CONSULTANT vs. WITNESS Complete cessation of all the vital functions without possibility of
Consultant provides advice in resuscitation
preparing a case and may become an advocate
Expert witness discusses facts and provides objective opinions based on Distinguishing Death vs Dying
facts and should not be an advocate Ascertainment of death is clinical and nor legal
If the law made you a witness remain a man of science. You have no Previously, complete and persistent cessation of cardio-respiratory
victim to avenge, no guilty or innocent person to ruin or save. You must function is the standard criterion in the determination of death
bear within the limits of science. (Paul H. Broussard, Chair of Forensic Scientific development and advancement lead to development of
Medicine , Sorbonne, 1897) uncertainty of death
Importance
Medico-Legal Investigation of Death Blood, semen, and other stains, latent finger and foot prints, and
Government officials who are authorized to make death investigation: articles of value may lead to identification of the offender or the
victim
Provincial and City Fiscals
Condition of the crime scene may include struggle, handgun firmly
Judges of Regional Trial Court (RTC)
grasped in the palm of hand of the deceased may indicate suicide
Judge of Municipal Trial Court (MTC)
Proximity of the narration to the actual occurrence
Director of National Bureau of Investigation (NBI) makes it reliable than those given after a lapse of time
Chief of Police of the City of Manila Persons to Compose the Search Team
Investigation of the place of commission of crime Takes pictures of the scene and pieces of evidence recovered
SOCO - Scene of the Crime Operation Acts as note taker, evidence collector and helper
CSST- Crime Scene Search Team Methods of Search at the Crime Scene
Place where essential ingredients of the criminal act took place Area is blocked out in the form of rectangle
and includes the
Double strip or Grid Method
Setting of the crime
Traverse first parallel to the base, then parallel to the side
Adjoining places of entry and exit of both offender and
Spiral Method
victim
Beginning from center towards outside or vice versa External exam of a dead body without incision being
made although blood and other body fluids may be
Wheel Method
collected for examination
From center, searchers go outwards along radii or spokes
Autopsies
Zone Method
Includes internal and external examinations
Area is divided and searched by the subdivisions or quadrants
Kinds of Autopsies:
Disposal of Collected Evidence
Hospital or Non-official Autopsy
All evidences collected must be protected, identified and preserved.
Medico-legal or Official Autopsy
Care must be exercised to preserve shape; minimize alterations, chemical
changes, addition of extraneous substances Hospital or Non-Official Autopsy
Handling must be kept to minimum, & each transfer should be receipted Purposes:
Examination of the Dead Body in the CSI Provide correlation of clinical diagnosis and clinical symptoms
Death by violence
Accidental Death
Sudden death of persons who are apparently in good health Natural Death
Death in hospitals or clinics (D.O.A) wherein a physician was not In natural deaths with concomitant physical injuries, it is
able to arrive at a clinical diagnosis as the cause of death necessary for the physician to determine whether the physical
injuries would accelerate death, or the injuries itself developed
Death occurring in an unnatural manner
independently and produced/death or that the person died
absolutely of a natural cause
Immediate (primary) cause of death Due to injuries inflicted in the body in some forms of outside force
Trauma or disease killed quickly without opportunity for Physical injury must be the proximate cause of death
sequelae or complication to develop
Violent Death
Proximate (secondary) cause of death
Death due to Physical injury inflicted if:
No immediate death with subsequent development of
Victim normal health before inflicting P. I.
serious sequelae that caused the demise
Death expected from P. I. inflicted
Mechanism of Death
Death ensued within a reasonable time
Hemorrhagic shock
Classification of Trauma or Injuries
Metabolic disturbance
Physical injury Pathological Classification of the
Causes of Death
sustained thru physical force
Death from Syncope
Thermal injury
Death due to sudden fatal cessation of the heart and blood
caused by heat or cold
circulation
Electrical injury
Death from Asphyxia
Injury due to electrical energy
Condition which the supply of Oxygen to the blood or to the
Atmospheric injury tissues or both has been reduced below normal working level
Homicidal Death
Methods of Disposal of the Dead Body
1. Embalming Cadavers containing only traces (very small dose) of radioactive
isotope do not require any special handling precautions
2. Burial of human remains or Inhumation
Cadavers containing large amounts of radioactive isotopes should
Must be buried with in 48 hrs after death if no embalming except: be labeled properly identifying the type and amount of radioactive
isotopes present and the date of its administration
when it is the subject matter of legal investigation Before autopsy is performed, Radiation Health Officer or his duly
authorized representative should be notified for proper advice
when authorized by local health authorities
Normal burial procedure
Impliedly when the body is embalmed Cremation
R.A. 349 as amended by R.A. 1056
Death Certificate Necessary before Burial issued by: DONATION OF PARTS OF HUMAN BODY
attending physician Donation of Human Organs for Medical, Surgical and Scientific
Purposes According to the Sanitation Code (P.D. 856)
local health officer Gen. Rules:
When TREATMENT is beneficial, GIVE
municipal mayor
When TREATMENT is useless, in general, DO NOT GIVE
municipal secretary, in the absence of the mayor When TREATMENT is of doubtful benefit, GIVE because that defends
life better
any councilor Sometimes social death comes ahead of biological death
When the person who is dying is abandoned he or she has died
already, although physically there is life
Permission from the Provincial Fiscal or from the Municipal Mayor is
Necessary if Death is Due to Violence Crime: Exhumation
Sec. 1090: Burial and Transfer Permit Deceased buried may be raised or disinterred upon the lawful order of the
Sec. 1091: Burial permit (death certificate) must be presented proper authorities
before burial Order may come from provincial or city fiscals, from the court, & from any
Sec. 1094: Disposition of body and belonging of person dying of entity vested with authority to investigate
dangerous communicable disease Before any exhumation, cemetery permits have been secured with the
Burial approval of the Director of Health
Limitations to the Funeral Rites:
Will of Deceased Disinterment Requirements
Burial of the person sentenced to death must not be held with Permission to disinter who died of non-dangerous communicable disease
pomp: may be granted after a burial period of three (3) yrs
Restrictions as to funeral ceremonies in cases of deaths due to Permission to disinter who died of dangerous communicable disease may
communicable disease be granted after a burial period of five (5) yrs
3. Disposing of the dead Body in the Sea Disinterment of the above 2 conditions may be permitted within a shorter
4. Cremation period subject to approval of the Regional Director concerned or his duly
5. Use of the Body for Scientific Purposes authorized representative
Special Precautions for Safe Handling of Cadavers Containing In all cases of disinterments, remains shall be disinfected and placed in a
Radioactive Isotopes durable and sealed container prior to their final disposal
persons is conscious, beyond cure or reversal of the disease, but
able to function to some degree
nutrition and hydration sustain life, so they are not useless, and
Exhumation usually they are not unreasonably burdensome
If the dead body is a subject matter of criminal investigation it may be nutrition and hydration should be provided unless or until there is
exhumed anytime clear evidence that provision of nutritious and hydration
Requirements to be Satisfied in Exhumation constitutes an unreasonable burden for the patient
Duration of interment as required Unconscious, non-dying patient
Exhumation permit nutrition and hydration should be supplied
Compliance of the sanitary requirements feeding is not useless because it sustains life
there is no indication that the persons is suffering, nor is there
Procedures Followed in any clear evidence that the provision of nutrition and hydration is
Medico-legal Exhumation an unreasonable danger or burden
There must be a formal request from any of the law enforcement agency, In such a case, the withdrawal of nutrition/hydration brings about
entity or person authorized by law to perform the medico-legal death by starvation/dehydration
investigation Absent any other indication of a definite burden for the patient
Reasons for the request may be withdrawal of nutrition/hydration is not morally justifiable
To determine cause of death Pulling the plug
To determine identity of the deceased Hippocratic Oath provides that a doctor has to protect life to the extent
To recover organ or tissues that he can
For toxicological analysis Once licensed to practice, a doctor swears to heal, to alleviate
For histopathological exam suffering and to preserve life
Smear from vaginal canal Advances in medical technology has wrought important and
Blood for alcohol determination previously unheard of tools in his endeavor, enabling the
To recover foreign bodies physician to save the past had to accept death as inevitable and
Metallic fragment imminent
Operative sponge, medical instrument to prove In many situations where the patient is unable to speak for
negligence himself it is the relatives who ask the doctor to withdraw all forms
of life support from the patient because they could not hear his
Guidelines for Physicians to aid this in cases where a decision to withhold suffering or to artificially prolong his life because they could not
or withdraw nutrition and hydration is to be made bear to lose him
Unconscious, imminently dying patient (progressive and rapid DNR order - * Do Not Resuscitate
deterioration)
Dying process has begun and cannot be reversed.
Nutrition and hydration useless and all things
considered, no longer a reasonable burden
Conscious, imminently dying patient
Nutrition and hydration are useless possibly
burdensome, and need not be artificially provided but
may be of desired by patient
Conscious, irreversibly ill, not imminently dying patient