FORENSIC MEDICINE

College of LawCollege of Law

Aquinas University of Aquinas University of LegazpiLegazpi

What is Forensic Medicine?

That branch of medicine dealing with the application of medical knowledge to the purposes of law.

Deals with medical questions in legal context, such as determination of the time and cause of death.

Branches of Law where legal medicine

may be applied:CIVIL LAW

It is a mass of precepts that It is a mass of precepts that determines and regulates the relation determines and regulates the relation

of assistance, authority and of assistance, authority and obedience between members of a obedience between members of a family and those that exist among family and those that exist among

members of a society for the members of a society for the protection of private interest.protection of private interest.

Branches of Law where legal medicine may be applied:

CRIMINAL LAWIt is that branch or division of

law which defines crimes, threats of their nature and

provides for their punishment.

Branches of Law where legal medicine may be applied:

REMEDIAL LAWIt is that branch or division of

law, which deals with the rules concerning pleadings, practices and procedures in all courts of the Philippines.

Branches of Law where legal medicine may be applied:

SPECIAL LAWS Dangerous Drug Act Youth and Child Welfare Code Insurance Law Code of Sanitation Labor Code Employees Compensation Law

Forensic Medicine

EVIDENCES- are the means, sanctioned by the Rules of Court, of ascertaining in judicial proceedings the truth respecting a matter of fact. If the means employed to prove a fact is medical in nature, then it becomes a medical evidence.

TYPES OF MEDICAL EVIDENCE:

Autoptic or Real EvidenceThis is evidence made known or addressed to the senses of the court. Limitations to the Presentation of Autoptic Evidence:

- Indecency and Impropriety- Repulsive Objects

TYPES OF MEDICAL EVIDENCE:

Experimental Evidence A medical witness may be

allowed by court to confirm anallegation or as a corroborated

proof to an opinion previously stated.

TYPES OF MEDICAL EVIDENCE:

Documentary Evidence1. Medical and Physical Examination2. Necropsy (Autopsy)3. Laboratory Examination4. Exhumation5. Birth or Death Certification6. Deposition7. Medical Expert Opinion

TYPES OF MEDICAL EVIDENCE:

Physical Evidence- Corpus Delicti- Associative - Tracing

TYPES OF MEDICAL EVIDENCE:

Testimonial EvidencePhysician may be commanded to appear before a court to give his

testimony. He is obliged to answer questions propounded by counsel

except when these information are considered privileged

communication.

TYPES OF MEDICAL EVIDENCE:

Testimonial EvidenceAs a rule, hearsay information is not admissible in court as these are data that are handed from one person to

another, therefore, veracity is difficult to ascertain. An exception

will be a dying declaration.

TYPES OF MEDICAL EVIDENCE:

DYING DECLARATION is considered by the court when the following requisites:The declarant was conscious of his impending death The declarant was in full possession of his mental faculties when he made the declaration.The declaration must be with regards to his impending deathThat such evidence is presented in court in a case of homicide, parricide or murder.

DECEPTION DETECTION

1. Recording of Psycho-physiological Responses

2. Use of Word Association Test 3. Use of the Psychological Stress

Evaluator4. Use of Drugs to inhibit the inhibitor

(sodium thiopental)5. Narcoananlysis and Narcosynthesis

DECEPTION DETECTION

6. Intoxication with alcohol7. Hypnosis8. Observation9. Scientific Interrogation10. Confession

MEDICO-LEGAL ASPECTS OF IDENTIFICATION

Importance of Identification of Persons1. For prosecution in criminal offense2. For settlement of estate, Retirement, insurance and other social benefits3. Relief of anxiety of relatives4. Other legal transactions that may

need identification

Rules in Personal Identification

1. Law of Multiplicity of Evidence states that the greater the number of points of similarities and dissimilarities of two persons compared, the greater is the probability for the conclusion to be correct.

2. The value of the different points of identification varies in formulation of conclusion.

Rules in Personal Identification

3. The longer the interval between the death and the examination of the remains for purpose of identification, the greater is a need for experts to establish identity.

4.There is no rigid rule observed in the procedure of identification of persons.

5. Methods employed include comparison and exclusion.

ORDINARY METHOD OF IDENTIFICATION

1. Characteristics which may be easily changeda. Growth of hair, beard or mustacheb. Clothingc. Frequent place of visitd. Grade of professione. Body ornamentations

ORDINARY METHOD OF IDENTIFICATION

2. Characteristics that may not be easily changeda. Mental memoryb. Speech and Gaitc. Mannerismd. Hands and feete. Complexionf. Change in the eyes and faciesg. Occupational marks

Identification of the Skeleton

Determine the sex, age, race and even occupation if it is the right kind of bone studied.

To determine if male or female, the bones of the pelvis, skull and sternum (breastbone) in this order are the most helpful.

CLAVICALE (COLLAR BONE)

SUPRA STERNAL NOTCH

STERNUM

COCCYX

PUBIC SYMPHYSIS

OLECRANON PROCESS OF THE ULNA

VERTEX OF THE SKULL

PELVISDIFFERENCE BETWEEN A MALE AND FEMALE PELVIS.doc

SKULLdifference between male and female skull.docx

STERNUM

Methods of Approximating the Methods of Approximating the Height of a PersonHeight of a Person

1. Measure the distance between the tips of the middle fingers of both hands with the arms extended laterally and it will approximate the height.

2. Eight times the length of the head is approximately equal to the height of the person.

3. Two times the length from the vertex of the skull to the pubic symphysis is the height.

Methods of Approximating the Methods of Approximating the Height of a PersonHeight of a Person

4. The distance between the supra-sternal notch and the pubic symphysis is about one third of the height.

5. The distance between the skull and the coccyx is about 44% of the height.

6. The length of the forearm measured from the tip of the olecranon process to the tip of the middle finger is 5/19 of the height.

7. Two times the length of one arm plus 12 inches from the clavicle and 1.5 inches from the sternum is the approximate height.

Scientific Methods of Identification

I. Fingerprinting -is considered to be to most valuable method of identification for the following reasons:

a. There are no two identical fingerprints (1:64B)

b. Fingerprints are not changeable

Scientific Methods of Identification

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 fingerprints

Poroscopy- is the study of the pores found on the papillary or friction ridges of the skin for purpose of identification.

Advantages of Using Advantages of Using FingerprintsFingerprints

1. Not much training is necessary for a person 1. Not much training is necessary for a person to take, classify and compare to take, classify and compare fingerprints.fingerprints.

2. No expensive instrument is required in the 2. No expensive instrument is required in the operations.operations.

3. The fingerprint itself is easy to classify.3. The fingerprint itself is easy to classify.4. Actual print for comparative purposes are 4. Actual print for comparative purposes are

always available and suspected errors always available and suspected errors can can easily be checked. easily be checked. (fingerprints can be produced by plain (fingerprints can be produced by plain method or by rolled method)method or by rolled method)

Kinds of Fingerprint Impression

1. Real- impression of the finger bulbs with the use of printing ink on the surface of the paper.

2. Chance- fingerprints which are impressed by mere chance without any intention to produce it.

3. Visible- impression made by chance and is visible without previous treatment.

Kinds of Fingerprint Impression

4. Plastic- impression made by 4. Plastic- impression made by chance by pressing the fingertips chance by pressing the fingertips on melted paraffin, plaster tape etc.on melted paraffin, plaster tape etc.

5. Latent- prints which are not visible 5. Latent- prints which are not visible after impression but made visible after impression but made visible by the addition of some by the addition of some substances.substances.

Dental IdentificationThe possibility of two persons to have the same dentition is quite remoteThe enamel of the teeth is the hardest substance of the human body An adult has 32 teeth and each tooth has five surfacesThe more recent the ante- mortem records of the person to be identified, the moreReliable is the comparative or exclusionary mode of identification that can be done.

Handwriting

Bibliotics- is the science of handwriting analysis. It is the study of documents and writing materials to determine its genuineness or authorship.Graphology- is the study of handwriting for the purpose of determining the writer’s personality, character and aptitude.

Determination of Sex

1. Social Test1. Social Test

2. Genital Test2. Genital Test

3. Gonadal Test3. Gonadal Test

4. Chromosomal Test 4. Chromosomal Test

Identification of Blood and Identification of Blood and Blood StainsBlood Stains

For disputed parentageFor disputed parentage

Circumstantial or corroborative Circumstantial or corroborative evidence against or in favor of the evidence against or in favor of the perpetrators of a crime.perpetrators of a crime.

Determination of the cause of deathDetermination of the cause of death

Determination of the direction of Determination of the direction of escape of the victim or the assailantescape of the victim or the assailant

Identification of Blood and Identification of Blood and Blood StainsBlood Stains

Determination of the approximate time of the crime was committed. Determination of the place of commission of the crime.Determination of the presence of certain diseases.

BLOOD TYPINGBLOOD TYPING

A + A A + A = A and O= A and O

A + O A + O = A and O= A and O

A + B A + B = A, B, AB, O= A, B, AB, O

A + ABA + AB = A, AB, B= A, AB, B

B + B B + B = B and O= B and O

B + OB + O = B and O= B and O

B + ABB + AB = B, AB, A= B, AB, A

O + ABO + AB = A and B= A and B

How to do it?How to do it?AA + AAAA + AA A A ++ AA AA

AA AA A AA AAA

How to do it?How to do it?

Aa + AbAa + Ab A a ++ AA bb

AA Aa a aA abb

AA AA AA OO

How to do it?How to do it?

Aa + BbAa + Bb A a ++ BB bb

AB Ab b aB abb

AA AA AA OO

EXCERCISE COMBINATIONEXCERCISE COMBINATION

type B and ABtype B and AB

type B and Btype B and B

type AB and Otype AB and O

type A and Btype A and B

DNA Determination DNA testing refers to the process of examining an DNA testing refers to the process of examining an

individual's DNA markers for the purpose of genetic individual's DNA markers for the purpose of genetic human identification and for determining the human identification and for determining the relationship between two people.relationship between two people.

The Genetic Profiles DNA Profiling method is an The Genetic Profiles DNA Profiling method is an extremely accurate genetic testing method. It can extremely accurate genetic testing method. It can absolutely determine if the man is not the biological absolutely determine if the man is not the biological father and reliably exclude him. DNA Profiling can father and reliably exclude him. DNA Profiling can establish that the alleged father is the child's biological establish that the alleged father is the child's biological father with a probability of paternity of 99% or higher. father with a probability of paternity of 99% or higher.

DNA Determination Genetic Profiles follows a strict chain-of-custody Genetic Profiles follows a strict chain-of-custody

procedure which allows for court/legal admissibility.procedure which allows for court/legal admissibility. It typically takes about 3 -10 working days to complete It typically takes about 3 -10 working days to complete

the testing. In cases where the mother's sample is not the testing. In cases where the mother's sample is not included or when an abnormal/difficult sample is used, included or when an abnormal/difficult sample is used, testing may require more time.testing may require more time.

A buccal swab sample is just as accurate as a blood A buccal swab sample is just as accurate as a blood sample. The advantages of using buccal swab collections sample. The advantages of using buccal swab collections are that they are non-invasive, painless, quick and easy.are that they are non-invasive, painless, quick and easy.

MEDICO-LEGAL ASPECTS OF DEATHMEDICO-LEGAL ASPECTS OF DEATH

Importance:Importance:1. The civil personality of a natural 1. The civil personality of a natural

person is extinguished by death.person is extinguished by death.2. The property of a person is 2. The property of a person is

transmitted to his heirs at the time transmitted to his heirs at the time of death.of death.

3. The death of a partner is one of the 3. The death of a partner is one of the causes of dissolution of partnership causes of dissolution of partnership agreement.agreement.

MEDICO-LEGAL ASPECTS OF MEDICO-LEGAL ASPECTS OF DEATHDEATH

4. The death of either the principal or agent is mod of extinguishments of agency.

5. The criminal liability of a person is extinguished by death.

6. The civil case for claims, which does not survive, is dismisses upon death of the defendant.

KINDS OF DEATH:

1. Somatic or Clinical Death 2. Molecular Death3. Apparent Death or State

of Suspended

SIGNS OF DEATHSIGNS OF DEATH1. Cessation of Heart action and

circulationa. Palpation of pulse, auscultation of

heart sound, electrocardiogramb. Examination of peripheral circulation

2. Cessation of Respiration3. Changes in the Skin4. Changes in and about the Eye

NORMAL LIVING EYESNORMAL LIVING EYES

CLOUDED EYESCLOUDED EYES

SIGNS OF DEATH5. Cooling of the Body (Algor Mortis)5. Cooling of the Body (Algor Mortis)

Factors Delaying CoolingFactors Delaying Cooling Acute Pyrexial diseasesAcute Pyrexial diseases Obesity of personObesity of person ClothingClothing Warm surroundingWarm surrounding

Factors Accelerating CoolingFactors Accelerating Cooling Extreme ageExtreme age Long standing or lingering illnessLong standing or lingering illness Unclothed bodyUnclothed body Conditions allowing the access of airConditions allowing the access of air

SIGNS OF DEATHSIGNS OF DEATH

6. Changes in the MuscleStage of primary flaccidity (post mortem muscular irritability)Stage of post-mortem rigidity (Cadaveric rigidity or Rigor Mortis)Stage of secondary flaccidity (decay of muscles)

Conditions Simulating Rigor Mortis

a. Heat stiffening- if the body is exposed to temperature above 75 deg C, it will coagulate the muscle proteins and cause the muscle to be rigid. The body assumes the pugilistic attitude.

b. Cold Stiffening- is due to the solidification of fat when the body is exposed to freezing temperature.

c. Cadaveric Spasm or Instantaneous Rigor- is due to extreme nervous tension, exhaustion, and injury to the nervous system or injury to the chest.

7. Changes in the blood7. Changes in the blood

Blood may remain fluid inside the blood vessels after death for 6 to 8 hours.

Post- mortem Lividity- the stoppage of the heart action and loss of tome of blood vessels cause the blood to be under the influence of gravity.

Duration of DeathDuration of Death1. Rigor Mortis

- sets in 2-3 hours after death- fully develops after 12 hours - last until 18-36 hours.

2. Post- Mortem Lividity- develops 3-6 hours after death.

3. Onset of Decompositions - early as 24-48 hours manifested by presence of watery, foul smelling froth coming out of the nostrils and mouth.

Rigor MortisRigor Mortis

Post Mortem LividityPost Mortem Lividity

Duration of Death

4. Stage of Decomposition 5. Entomology of the Cadaver6. Stage of Digestion of Food- it

normally takes 3-4 hours for the stomach to evacuate its contents after a meal; this is determined by the size of the meal, kind of meal and personal variation.

Presumption of Death1. A person on board a vessel lost during a sea 1. A person on board a vessel lost during a sea

voyage or an airplane, which is missing, who voyage or an airplane, which is missing, who has not been heard of for four years since has not been heard of for four years since the loss of the vessel or airplane.the loss of the vessel or airplane.

2. A person in the armed forces who has taken 2. A person in the armed forces who has taken part in war, and has been missing for four part in war, and has been missing for four years.years.

3. A person who has been in danger of death 3. A person who has been in danger of death under other circumstances and his existence under other circumstances and his existence has not been known for four yearshas not been known for four years

Presumption of Survivorship

1. If both were under the age of fifteen years, the older is presumed to have survived.

2. If both were above age 60, the younger is presumed to have survived.

3. If one is under 15 and the other is above 60, the former is presumed to have survived.

Presumption of Death

4. If both be over 15 and under 60, 4. If both be over 15 and under 60, and sexes be different, the male is and sexes be different, the male is presumed to have survived,; if the presumed to have survived,; if the sexes are the same, then the older sexes are the same, then the older has preference.has preference.

5. If one be under 15 or over 60, and 5. If one be under 15 or over 60, and the other between those ages, the the other between those ages, the latter is presumed to have survivedlatter is presumed to have survived

MEDICO-LEGAL CLASSIFICATION OF DEATH

1. Natural Death1. Natural Death

2. Violent Death2. Violent Death

a. Accidental deatha. Accidental death

b. Negligent deathb. Negligent death

c. Infanticide deathc. Infanticide death

d. Parricidal deathd. Parricidal death

e. Homicidal and Murdere. Homicidal and Murder

MEDICO-LEGAL CLASSIFICATION OF DEATH

3. SPECIAL DEATHa. Judicial deathb. Euthanasiac. Suicided. Starvation

METHODS OF DISPOSING METHODS OF DISPOSING DEAD BODYDEAD BODY

1. Embalming

2. Burial or inhumationDeath certificate may be issued by attending physician, local health officer, municipal mayor, municipal secretary, any councilor

3. CremationUse of the body for scientific purpose