Criminalistics 6 PDF

Preview

Summary

LEGAL MEDICINE(CRIMINALISTICS 6)This Learning Module is compiled, owned and released by the Cordillera Career Development College, Buyagan, Poblacion, La Trinidad, Benguet, Philippines. This is for the exclusive use of its enrolled students for classroom/remote teaching and learning purposes only. A...

Description

LEGAL MEDICINE (CRIMINALISTICS 6)

This Learning Module is compiled, owned and released by the Cordillera Career Development College, Buyagan, Poblacion, La Trinidad, Benguet, Philippines. This is for the exclusive use of its enrolled students for classroom/remote teaching and learning purposes only. Any unauthorized use shall be subject to copyright infringement. July 2020

Page 2 of 84

CORDILLERA CAREER DEVELOPMENT COLLEGE COLLEGE OF CRIMINAL JUSTICE EDUCATION Buyagan, Poblacion, La Trinidad, Benguet

LEARNING MODULE IN LEGAL MEDICINE for remote teaching and learning use only

PREPARED BY: MARCIAL MERIS ETONG RENATO BUADA M.D.

Page 3 of 84

INTRODUCTION

Legal Medicine is a discipline that adopts the principles of law and medicine. Medicine and Law have been related from the earliest times. The Bible, as an historical reference book, presents Medicine and Law as having the same origin as per Genesis. As Tiraqueau said “Knowledge of law and medicine are best when known together, so that it is the same in law as it is in medicine”. Just like other branch of science it has been progressive, evolving on the advances of medical science. This have been activated due to the demand of justice. For the past recent year, legal medicine has played a vital role on our Criminal Justice System, most especially on the adjudication of justice. It will remain little to desire in this respect beside legislation, the opinions of experts in medicine became a source of light for judges. It has been used as instrumentality on the aspect of criminal investigation. Legal Medicine as well attracts attention from the world of media. Some movies even series of movies are inspired by legal medicine and other entertainments features this discipline due to its interesting character towards the viewers. Despite of this popularity in the field of investigation legal medicine in far from over as it is being develop to cope up with this fast upgrading world.

Page 4 of 84

ACKNOWLEDGEMENTS

The subject facilitator would like to extend his warmest gratitude to the following who contributed to the accomplishment of the learning module; With utmost and sincerest gratitude, I acknowledge the Almighty God who guided and provided me the strength to face every difficulty during the completion of the learning module and for blessing them with wisdom and everything that they utilized for the success of the study; To my family who are always there to support them spiritually, morally, emotionally and financially; To Ma’am Sherry Junnette M. Tagle, with her leadership and the whole CCDC community this concept of study was on the way to success despite this season of pandemic. To Mr. Darwin P. Batawang, dean of the College of Criminal Justice Education for entrusting this course to me and for his invaluable effort on reminding, approval, and their humble support in the conduction of the learning module; To my colleagues for their invaluable assistance, advices, support, guidance, encouragement during the process of completion of the module, especially sharing of materials, references and other physical and intellectual need for the module; To the CCDC librarians, most especially Mrs. Mondero, our Chief Librarian who are always patient to let the researchers borrow books and other reading materials for the module; Lastly to all students of Cordillera College who are always have the passion to reach their dreams amidst the pandemic that give us the inspiration and strength to finish this learning module. Most specially to all the students of the subject Criminalistics 6 , S.Y. 2020-2021, 1st semester. To all mentioned and unmentioned names who shared their efforts in any kind for the success of the learning module, I express my warmest gratitude. You are part of this success and will always be part of their heart and memories.

Page 5 of 84

CONTENTS

TITLE PAGE CHAPTER 1: INTRODUCTION ……………………………………………………….…10 LEGAL MEDICINE ………………………………………………………………………….10 MEDICAL JURISPRUDENCE ………………………………………………………….10 FORENSIC PATHOLOGY ……………………………………………………………….11 FORENSIC …………………………………………………………………………………….11 LEGAL ……………………………………………………………………………………………11 JURISPRUDENCE ………………………………………………………………………….11 MEDICINE …………………………………………………………………………………….12 MEDICAL EVIDENCE …………………………………………………………………….12 BRIEF HISTORY OF LEGAL MEDICINE …………………………………………13 CHAPTER 2: MEDICO-LEGAL ASPECTS OF PHYSICAL INJURIES …………………………………………………… 15 PHYSICAL INJURY ……………………………………………………………………….15 WOUND ……………………………………………………………………………………….16 TYPES OF WOUND ……………………………………………………………………….17 CLOSED WOUNDS ……………………………………………………………………….17 MUSCULO – SKELETAL INJURIES ……………………………………………….18 OPEN WOUNDS …………………………………………………………………………… 19 LEGAL CLASSIFICATION OF PHYSICAL INJURIES ……………………………………………………………………23 CHAPTER 3: MEDICO LEGAL ASPECTS OF DEATH ………………………………………………………………………… 25 DEATH …………………………………………………………………………………………25 TYPES OF DEATH ………………………………………………………………………… 25 KINDS OF DEATH ………………………………………………………………………..26

Page 6 of 84

SIGNS OF DEATH ………………………………………………………………………… 26 CHANGES IN THE BODY FOLLOWING DEATH …………………………….27 CHANGES IN THE MUSCLE ………………………………………………………….27 CHANGES IN THE BLOOD …………………………………………………………… 28 SPECIAL MODIFICATION OF PUTREFACTION …………………………….30 DURATION OF DEATH …………………………………………………………………31 PRESUMPTION OF DEATH …………………………………………………………… 32 PRESUMPTION OF SURVIVORSHIP …………………………………………….32 IMPORTANCE OF DEATH DETERMINATION ………………………………..33 MEDICO-LEGAL INVESTIGATION DEATH …………………………………… 33 STAGES OF MEDICO-LEGAL INVESTIGATION …………………………… 33 PENAL CLASSIFICATION OF VIOLENT DEATHECIAL DEATH ……………………………………………………34 CHAPTER 4: DEATH FROM STARVATION ………………………………………… 38 STARVATION OR INANITION ……………………………………………………… 38 TYPES OF STARVATION ………………………………………………………………38 CAUSES OF STARVATION ………………………………………………...........38 FACTORS THAT INFLUENCES THE LENGTH OF SURVIVAL ………………………………………………………… 39 MEDICO-LEGAL QUESTIONS IN DEATH DUE TO STARVATION …………………………………………………….39 CHAPTER 5: DEATH BY ASPHYXIA ………………………………………………….41 TYPES OF ASPHYXIAL DEATH …………………………………………………….41 PHASES OF ASPHYXIAL DEATH ………………………………………………….41

Page 7 of 84

CLASSIFICATION OF ASPHYXIA …………………………………………………42 CHAPTER 6: THERMAL INJURIES OR TERMAL DEATHS ………………………………………………………………………..44 THERMAL INJURIES …………………………………………………………………….44 DEATH OR INJURY FROM COLD ………………………………………………….44 EFFECTS OF COLD ………………………………………………………………………44 CLASSIFICATION OF HEAT INJURY …………………………………………….45 SCARS OF BURNS ……………………………………………………………………….46 HEAT RUPTURE ……………………………………………………………………………46 HEAT STIFFENING ………………………………………………………………………46 CHAPTER 7: PHYSICAL INJURIES OR DEATH BY LIGHTNING AND ELECTRICITY …………………………………………………..48 DEATH BY LIGHTNING ………………………………………………………………… 48 PHYSICAL INJURY ……………………………………………………………………….48 LIGHTNING ………………………………………………………………………………….48 ELEMENTS OF LIGHTNING THAT PRODUCE INJURY ……………………………………………………………… 49 CLASSES OF BURNS DUE TO LIGHTNING ………………………………….49 DEATH OR PHYSICAL INJURIES FROM ELECTRICITY ….. …………….49 FACTORS WHICH INFLUENCE THE EFFECT OF ELECTRICAL SHOCK ………………………………………………… 50 METALLIZATION ………………………………………………………………………….50 CHAPTER 8: DEATH OR PHYSICAL INJURIES DUE TO AUTOMOTIVE CRASH OR ACCIDENT ………………………………… 52 AUTOMATIVE CRASH ………………………………………………………………….52

Page 8 of 84

FACTORS RESPONSIBLE TO AN AUTOMOTIVE CRASH ……………… 52 FRONT IMPACT CRASH ……………………………………………………………….53 SIDE IMPACT CRUSH ………………………………………………………………….53 REAR IMPACT CRUSH ………………………………………………………………….53 ROLL OVER (TURN-TURTLE IMPACT) …………………………………………………………….53 EJECTION OF THE OCCUPANT …………………………………………………….54 SUICIDAL CRUSH ……………………………………………………………………….54 HOMICIDE BY MOTOR VEHICLE ………………………………………………….54 PEDESTRIAN – VEHICLE COLLISSION ……………………………………….54 EVIDENCES IN VEHICULAR CRASH …………………………………………….55 MOTORCYCLE CRASH ………………………………………………………………….56 CHAPTER 9: DEATH OR PHYSICAL INJURIES CAUSED BY EXPLOSION …………………………………………………58 EXPLOSION ………………………………………………………………………………….58 CLASSIFICATION OF EXPLOSION AS TO THE SOURCE OF ENERGY …………………………………………………58 ATOMIC BOMB EXPLOSION ………………………………………………………….61 EFFECTS OF ATOMIC EXPLOSION TO THE HUMAN BODY ……………………………………………… 62 CHAPTER 10: MEDICO–LEGAL ASPECTS OF SEX CRIMES ……………64 VIRGINITY AND DERLORATION ………………………………………………….64 KINDS OF VIRGINITY ………………………………………………………………….65 PARTS OF THE FEMALE BODY TO BE CONSIDERED IN THE DETERMINATION OF THE CONDITION OF VIRGINITY .……………… 66

Page 9 of 84

DEFLORATION …………………………………………………………………………….68 PARTS OF THE FEMALE GENITALIA THAT MUST BE EXAMINED TO DETERMINE DEFLORATION ………………… 68 MEDICAL EXAMINATION OF LACERATED HYMEN ……………………… 69 DEATH RELATED TO SEXUAL ACT……………………………………………….71 SEX CRIMES ………………………………………………………………………………..72 CRIMINOLOGICAL CHARACTERISTIC ………………………………………… 72 RAPE …………………………………………………………………………………………… 72 INVESTIGATION OF THE CRIME SCENE……………………………………… 75 CHAPTER 11: MEDICO-LEGAL ASPECTS OF IDENTIFICATION ………………………………………………………… 76 IMPORTANCE OF IDENTIFICATION …………………………………………….76 RULES IN PERSONAL IDENTIFICATION ……………………………………… 76 METHODS OF IDENTIFICATION ………………………………………………….77 IDENTIFICATION OF PERSONS …………………………………………………..77 CLASSIFICATION OF THE BASES OF HUMAN IDENTIFICATION ………………………………………….77 ORDINARY METHODS OF IDENTIFICATION ……………………………….77 ANTHROPOMETRY (BERTILLON SYSTEM) ………………………………….79 INFORMATION INCLUDED ………………………………………………………….79 PORTRAIT PARLE………………………………………………………………………….80 EXTRINSIC FACTORS IN IDENTIFICATION…………………………………80 REFERENCES ……………………………………………………………………………………82

Page 10 of 84

CHAPTER I.

INTRODUCTION

CHAPTER OBJECTIVES. To be able to define the meaning of some important terms on legal medicine. To be knowledgeable on some of the laws attached to legal medicine. To have some background about the early history of Legal Medicine.

In the field of law enforcement which one of the fundamental work is investigation, Forensic medicine plays a vital role on the work of police investigator. “What cause the death/injury of the victim?” is one of the many question that can be answered by this so called Legal medicine. Forensic medicine mainly deals with examination and assessment of individuals who have been—or are suspected to have

Page 11 of 84

been—injured or killed by external influence such as trauma or intoxication, but also of individuals who are suspected of having injured another person. This means that not only victims and suspects of crime, but also suicides and accidental fatalities are examined by a specialist in forensic medicine. Individuals with nonfatal injuries after intentionally self-inflicted or accidental injuries or intoxication are, on the other hand, usually handled exclusively within the health-care system. In many countries, forensic medicine represents a medical specialty within the legal system, not within the health-care system.

LEGAL MEDICINE Branch of which deals with application of medical knowledge to the purposes of law and in the administration of justice. It is the application of basic and clinical, medical and paramedical sciences to elucidate legal matters. LEGAL MEDICINE Application of medicine to legal cases

FORENSIC MEDICINE Application of medical science to elucidate legal problems.

MEDICAL JURISPRUDENCE Knowledge of law in relation to the practice of medicine. It concerns with the study of the rights, duties and obligations of medical practitioner with particular reference to those arising from doctor-patient relationship. FORENSIC PATHOLOGY It is the part of forensic medicine dealing with examination of deceased persons, and this is the focus of the present chapter. FORENSIC It denotes anything belonging to the court of law or used in court or legal proceedings or something fitted for legal or public argumentations. LEGAL That pertains to law, arising out of, by virtue of or included in law. Refers to anything conformable to the letters or rules of law as it is administered by the court. JURISPRUDENCE Science of giving a wise interpretation of the law and making just application of them to all cases as they arise.

Page 12 of 84

BRANCHES OF LAW WHERE LEGAL MEDICINE MAY BE APPLIED CIVIL LAW, knowledge of legal medicine may be useful on the ffg.: 1. Determination and termination of civil personality (Art.40-41); 2. Limitation or restriction of a natural person’s capacity to act (Art. 23 and 29); 3. Marriage and legal separation 4. Paternity and filiation 5. Testamentary capacity of a person making a will. CRIMINAL LAW, legal medicine is applicable in the following provisions of the Penal Code: 1. Circumstances affecting criminal liability; 2. Crimes against person; 3. Crimes against chastity. REMEDIAL LAW, legal medicine is applied in the following provisions of the Rules of Court: 1. Physical and mental examination of a person (Rule 28); 2. Proceedings for hospitalization of an insane person (Rule 101); 3. Rules on evidences (Part IV). SPECIAL LAWS: 1. Dangerous Drug Act (RA 6425, as amended) 2. Youth and Child Welfare Code (PD 603) 3. Insurance Law (Act No. 2427 as amended) 4. Code of Sanitation (PD 856) 5. Labor Code (PD 442) 6. Employee’s Compensation Law MEDICINE Is a science and art dealing with prevention, cure and alleviation of disease. It is that part of science and art of restoring and preserving health. It is also applied to science and art of diagnosing, treating, curing and preventing disease, relieving pain, and improving the health of a person. BRANCHES 1. Pediatrics – Diseases of children. 2. Geriatrics - Health and care of old people. 3. Obstetrics – Study of conditions of pregnant women from conception to delivery. 4. Gynecology – Diseases of women and their treatment. 5. EENT – (Eyes, ears, nose, & throat) diseases and their treatment. 6. Surgery – Deals with operations and procedures.

Page 13 of 84

7. General Medicine – Deals with all kinds of diseases and their treatment. 8. Legal Medicine – Also known as forensic Medicine. 9. Pathology – Study of diseases and other abnormal functions of the body. 10. Physiology – Science of the functions of living organisms and their parts, etc. MEDICAL EVIDENCE Evidence The means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding 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 1. Real or Autoptic Made known or addressed to the senses of the court. 2. Testimonial Either oral or written taken from the witnesses about the question in issue. 3. Experimental Extracted from experiments and performed in court to perform certain matter of fact. 4. Documentary Written evidence presented to the court by the expert witness about the subject matter in dispute and not excluded by the Rules of Court. BRIEF HISTORY OF LEGAL MEDICINE IMHOTEP (2980 BC) The earliest recorded medico-legal expert. He was the chief physician of King Zoser of the third dynasty in Egypt and the builder of the first pyramid. That time was the first recorded report of a murder trial written on a clay tablet. HIPPOCRATES (460-355 BC) In Greece, He discussed the lethality of wounds. ANTISTIUS The first “police Surgeon” or forensic pathologist. Julius Caesar (100-44 BC) was murdered and his body was exposed in the forum and Antistius performed the autopsy. He found out that Julius Caesar suffered from 23 wounds and only one penetrated the chest cavity through the space between the first and second ribs.

Page 14 of 84

The first textbook in legal medicine was included in the Constituto Criminalis Carolina, which was promulgated in 1532 during the reign of Emperor Charles V in Germany. PAULUS ZACCHIAS (1584-1659) A papal physician, regarded as the “father of forensic medicine”. He published Questiones Medico-Legales which dealt with legal aspects of wounds and the first two chapter dealt with the detection of secret homicide. PHILIPPINES In 1858, the first medical textbook printed including pertinent instructions related to medico-legal practice by Spanish physician, Dr. Rafael Genard Y Mas, Chief Army Physician, entitled “Manual de Medicina Domestica”.

Diangson, R. B. (2015). Legal Medicine. ChapterHouse Publishing Inc. Philippines. N.A. (2018). Froglets Notes Summary of Legal Medicine. King College. USA. Solis, P (1987). Legal Medicine. R.P. Garcia Publishing Company. Philippines. Pallasigue, B (2019). Legal Medicine. Retrieved October 17, 2020 from https://www.scribd.com/document/430143429 /Legal-Medicine

SELF ASSESMENT NO. 1 (CROSSWORD PUZZLE) INSTRUCTION: Answer the crossword puzzle by filling the box (1 box:1 letter). Use CAPITAL LETTERS only. Photograph your work and send it to my account on Messenger ( Marcial Meris Etong). Deadline is indicated on your Course Guide.

1

8

3

Page 15 of 84

4

6

7 2

5

ACROSS 1. It is the science of the parts of the living organism and is use. 2. The Greek Philosopher who discussed on the lethality of wounds. 3. “Manual de Medicina ” is a book written by Dr. Rafael Genard. 5. The science of diseases and abnormality of a body. 6. The study of diseases on eyes, ears, nose, & throat and their treatment. DOWN 1. The father of forensic medicine. 4. The earliest recorded medico-legal expert. 7. It refers to law. 8. Application of Pathology to legal cases. (2pts)

CHAPTER 2: MEDICO-LEGAL ASPECTS OF PHYSICAL INJURIES CHAPTER OBJECTIVES. At the end of this chapter, the student will be able to: Identify the common types of injuries considered as medical cases. Distinguish and define the injuries from blunt force and sharp force. Describe the kinds of firearm injuries. Lastly is to identify the kind of burn injuries. For sure, all of us have suffered injuries simple or grave, but how can we know that such injuries are considered as medico-legal case? In the context of legal/forensic medicine, physical injuries refer to the damage inflicted on any part of the body due to the deliberate or accidental application of mechanical or other traumatic agent (Diangson, 2015).

Page 16 of 84

When an attending doctor conducts a clinic examination of a patient with injuries and wounds and thinks that some kind of law enforcement investigation is essential so as to ascertain responsibility regarding the case, the doctor should immediately register it as a medico-legal case. Doctors should not rely on the patient nor other person to decide if the injury will be registered as medico-legal. PHYSICAL INJURY Abnormal condition of the body produced by the effects of application of stimuli. STIMULI Anything in the environment that if applied in the body produces reaction which may come in varying degrees. Stimuli that can produce physical injuries: Heat burn (dry heat) / Scald (moist heat) Cold frostbite Strong light sore eyes / blind Radiation burns Electrical energy shock / burn Chemical energy burn Hypobarism (decrease of AP) Caisson’s Change in atmospheric pressure Physical violence wounds WOUND Any break in the natural continuity of any tissue produced by physical violence. CLASSIFICATION OF INJURIES/WOUNDS: 1. As to severity a. Mortal – wound that can cause death immediately after its infliction or soon thereafter. b. Non – mortal – wound that cannot cause death immediately after its infliction or soon thereafter. 2. As to the kind of instrument used a. Blunt instrument--- contusion, hematoma, lacerated wound b. Sharp instrument b1. Sharp – edged instrument incised wound

Page 17 of 84

b2. Sharp – pointed instrument b3. Sharp – edged and sharp – pointed instrument

punctured wound stab wound

c. Tearing force -------------------------------- lacerated wound d. Barotrauma e. Heat or cold ------------------------- frostbite, burns or scald f. Chemical explosion -------------- gunshot or shrapnel wound 3. As to the manner of infliction a. Hit ----------------------...