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FROGLETS NOTESBook by SolisCHAPTER IGENERAL CONSIDERATIONLegal 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....

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Summary of Legal Medicine Book by Solis

FROGLETS NOTES CHAPTER I GENERAL CONSIDERATION 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. 

Concept and practice of Legal Medicine in the Philippines is of Spanish origin.

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.

treatment Purpose in examining a patient is to arrive at a definite diagnosis so that appropriate treatment can be instituted Minor or trivial injuries are usually ignored inasmuch as they do not require usual treatment.

Example: Presence of PHYSICAL INJURIES of a victim of sexual abuse = presumes that force was applied; hence, crime committed must be RAPE. Presence of PHYSICAL INJURIES on the offender of the crime of physical injuries= proof that the victim acted in SELF-DEFENSE.

NATURE OF THE STUDY OF LEGAL MEDICINE 

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Knowledge of legal medicine means the ability to acquire facts, the power to arrange those facts in their logical order, and to draw a conclusion from the facts which may be useful in the administration of justice. Medical Jurist (medical examiner, medico-legal officer, medico-legal expert) – a physician who specializes or is involved primarily with medicolegal duties. They are mostly in the service of the government. It is the duty of every physician, when called upon by the judicial authorities, to assist in the administration of justice on matters which are medico-legal in character.‖ To be involved in medico-legal duties, a physician must possess sufficient knowledge of: o Pathology o Surgery o Gynecology o Toxicology o Other branches of Medicine germane to the issues involved.

Ordinary Physician Sees an injury or disease on the point of view of

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Medical Jurist Sees injury or disease on the point of view of cause

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Purpose in examining a patient is to include those bodily lesions in his report and testify before the court or before an investigative body Records all bodily injuries even if they are small or minor because these injuries may be proofs to qualify the crime or to justify the act.

OTHER DEFINITIONS 1.

LAW- rule of conduct, just, obligatory, laid by legitimate power for common observance and benefit.

Characteristics of Law: -

It is a rule of conduct; It is dictated by legitimate power; and Compulsory and obligatory to all.

Forms of Law: A.

B.

2.

Written or Statutory Law (Lex Scripta) – composed of laws which are produced by the country’s legislations and which are defined, codified and incorporated by the law-making body. Ex. Philippine Laws. Unwritten or Common Law (Lex non Scripta) – composed of unwritten laws based on immemorial customs and usages. Sometimes referred to as case law, common law, jurisprudence or customary law. Ex. Laws of England.

FORENSIC- denotes anything belonging to the court of law or used in court or legal proceedings

Summary of Legal Medicine Book by Solis

FROGLETS NOTES or something fitted for legal or argumentations.

public

2. 3.

3.

4.

5.

MEDICINE- a science and art dealing with preventation, cure and alleviation of disease. It is that part of science and art of restoring and preserving health. It is the science and art of diagnosing, treating, curing and preventing disease, relieving pain, and improving the health of a person. 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. PRINCIPLE OF STARE DECISES

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

Proceedings for hospitalization of an insane person (Rule 101); and Rules on evidences (Part IV).

In SPECIAL LAWS: 1. 2. 3. 4. 5. 6.

Dangerous Drug Act (RA 6425, as amended) Youth and Child Welfare Code (PD 603) Insurance Law (Act No. 2427 as amended) Code of Sanitation (PD 856) Labor Code (PD 442) Employee’s Compensation Law 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

BRANCHES OF LAW WHERE LEGAL MEDICINE MAY BE APPLIED

Autoptic or Real Evidence – evidence made known or addressed to the senses of the court. It is not limited to that which is known through the sense of vision but is extended to what the sense of hearing, taste, smell and touch is perceived. (Sec.1, Rule 130)

In CIVIL LAW, knowledge of legal medicine may be useful on the following:

Limitations to the Presentation of Autoptic Evidence:

1. 2. 3. 4. 5.

Determination and termination of civil personality (Art.40-41); Limitation or restriction of a natural person’s capacity to act (Art. 23 and 29); Marriage and legal separation Paternity and filiation Testamentary capacity of a person making a will.

1.

a)

Ex: Court may not allow exposure of the genitalia of an alleged victim of sexual offense to show the presence and degree of the genitalia and extra-genitalia injuries suffered.

In CRIMINAL LAW, legal medicine is applicable in the following provisions of the Penal Code: 1. 2. 3.

Circumstances affecting criminal liability; Crimes against person; Crimes against chastity.

In 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);

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Indecency and Impropriety – presentation of evidence may be necessary to serve the best interest of justice but the notion of decency and delicacy may cause inhibition of its presentation.

b)

Repulsive Objects and those Offensive to Sensibilities – foul smelling objects, persons suffering from highly infectious and communicable disease, or objects which when touch may mean potential danger to the life and health of the judge may not be presented.

Summary of Legal Medicine Book by Solis

FROGLETS NOTES However, if such evidence is necessary in the adjudication of the case, the question of indecency and impropriety or the fact that such evidence is repulsive or offensive to sensibilities, it may be presented. This will depend on the sound discretion of the court. 2.

4.

Documentary Evidence- Medical Documentary Evidence may be: a. Medical Certification or Report on: i. Medical examination ii. Physical examination iii. Necropsy/ autopsy iv. Laboratory v. Exhumation vi. Birth vii. Death b. Medical Expert Opinion c. Deposition

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Physical Evidence – these are articles and materials which are found in connection with the investigation and which aid in establishing the identity of the perpetrator or the circumstances under which the crime was committed, or in general assist in the prosecution of a criminal.

Testimonial Evidence – a physician may be commanded to appear before a court to give his testimony. His testimony must be given orally and under oath or affirmation. A physician may be presented in court as an ordinary witness and/or as an expert witness: ORDINARY WITNESS A physician who testifies in court on matters perceived from his patient in the course of physician-patient relationship. (Sec. 20, Rule 130, Rules of Court) Exception: Privilege of Communication between physician and patient.

EXPERT WITNESS A physician on account of his training and experience can give his opinion on a set of medical facts. He can deduce or infer something, determine the cause of death, or render opinion pertinent to the issue and medical nature.

Criminalistics - is the identification, collection, preservation and mode of presentation of physical evidence. It is the application of sciences such as physics, chemistry, medicine and other biological sciences in crime detection and investigation. Type of Physical Evidences:

Rule

a.

The probative value of the expert medical testimony depends upon the degree of learning and experience on the line of what the medical expert is testifying, the basis and logic of his conclusion, and other evidences tending to show the veracity or falsity of his testimony.

b.

(Sec. 130)

48-49,

(Sec. 24 c, Rule 130)

c.

PRESERVATION OF EVIDENCE The physical evidence recovered during medico-legal investigation must be preserved to maintain their value when presented as exhibits in court. Methods of Preserving Evidence 1.

3.

Experimental Evidence – A medical witness may be allowed by the court to confirm his allegation or as a corroborated proof to an opinion he previously stated.

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Corpus Delicti Evidence – objects or substances which may be a part of the body of the crime. Associative Evidence- these are physical evidence which link a suspect to the crime. Tracing Evidence- these are physical evidence which may assist the investigator in locating the suspect.

2.

Photographs, audio and/or video tape, microfilm, Photostat, Xerox, voice tracing, etc. Sketching- rough drawing of the scene or object to be preserve is done. It must be simple, identifying significant items and with exact measurement.

Summary of Legal Medicine Book by Solis

FROGLETS NOTES

 The preservation is co-terminus with the life of the witness.  Human mind can easily be subjected to too many extraneous factors that may cause distortion of the truth.

Kinds of Sketch: Rough Sketch- made at the crime scene or during examination of living or dead body. Finished Sketch- sketch prepared from the rough sketch for court presentation. Essential Elements to be Included in a Sketch: a. b. c. d. e.

3.

Measurement must be accurate; Compass direction must always be indicated to facilitate proper orientation in the case of crime scene; Essential item which has a bearing in the investigation must be included; Scale and proportion must be stated by mere estimation; There must be a title and legend to tell what it is and the meaning of certain marks indicated therein.

Description- putting into words the person or thing to be preserved. It must cause a vivid impression on the mind of the reader, a true picture of the thing described. Minimum Standard Requirements which must be satisfied in the description of the person or thing to make it complete: a. b. c. d.

4. 5.

Skin Lesion Penetrating wound Hymenal Laceration Person

Manikin Method- miniature model of a scene or of a human body indicating marks of a various aspects of the things to be preserved. Preservation in the Mind of the Witness Drawbacks of preserving evidence in the mind of the witness:  The capacity of a person to remember time, place and event may be destroyed or modified by the length of time, age of the witness, confusion with other evidence, trauma or disease, thereby making the recollection not reliable;

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6.

Special Methods- Special way of treating certain type of evidence may be necessary. Preservation may be essential from the time it is recovered to make the condition unchanged up to the period it reaches the criminal laboratory for appropriate examination. Special Ways of Preservation: a. b. c.

d. e.

Whole human body- embalming. Soft tissues (skin, muscles, visceral organs) – 10% formalin solution. Blood- refrigeration, sealed bottle container, addition of chemical preservatives. Stains (blood, semen) – drying, placing in sealed container. Poison- sealed container.

CHAPTER II DECEPTION DETECTION Methods of deception detection used by law enforcement agencies: 1. Devices which record the psycho-physiological response a. Polygraph or lie detector machine – records physiological changes that occur in association with lying in a polygraph. Phases of Examination i. Pre-test interview ii. Actual interrogation and recording through the instrument Standard test questions: 1. Irrelevant questions – no bearing to the case under investigation (ex: age, citizenship, occupation, etc). 2. Relevant questions – pertaining to the issue under investigation (ex: Did you shoot to death Mr. X?). 3. Control questions – unrelated to the matter under investigation but are of similar nature although less serious as compared to those relevant questions (ex: Have you ever used a gun?).

FROGLETS NOTES iii. Post-test interrogation Supplementary tests: i. Peak-of-tension test – may be given if subject is not yet informed of the details of the offense for which he is being interrogated by the investigator. ii. Guilt complex test – applied when the response to relevant and control questions are similar in degree and consistency in a way that the examiner cannot determine whether the subject is telling the truth or not. iii. Silent answer test – conducted in the same manner as when relevant, irrelevant and control questions are asked, but the subject is instructed to answer the questions silently, to himself, without making any verbal response. Factors responsible for the 25% errors of the lie detector: 1. Nervousness or extreme emotional tension experienced by a subject who is telling the truth regarding the offense in question 2. Physiological abnormalities 3. Mental abnormalities 4. Unresponsiveness in a living or guilty subject 5. Attempt to ―beat the machine‖ by controlled breathing or by muscular flexing 6. Unobserved application of muscular pressure which produces ambiguities and misleading indications in the blood pressure tracing b. Word association test – A list of stimulus and nonstimulus words are read to the subject who is instructed to answer as quickly as possible. The time interval between the words uttered by the examiner and the answer of the subject is recorded. The test is not concerned with the answer, be it a ―yes‖ or ―no‖. The important factor is the time of response in relation to the stimulus or non-stimulus words. c. Psychological stress evaluator (PSE) – detects, measures, and graphically displays the voice modulations that we cannot hear. When a person speaks, there are audible voice frequencies, and superimposed on these are the inaudible frequency modulations which are products of minute oscillation of the muscles of the voice mechanism. Such oscillations of the muscles or microtremor occur at the rate of 8 to 14 cycles per second and controlled by the central nervous system. 2. Use of drugs that try to ―inhibit the inhibitor‖

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Summary of Legal Medicine Book by Solis

a. Truth serum – In the test, hyoscine hydrobromide is given hypodermically in repeated doses until a state of delirium is induced. When the proper point is reached, the questioning begins and the subject feels a compulsion to answer the questions truthfully. b. Narcoanalysis or narcosynthesis – practically the same as that of administration of truth serum. The only difference is the drug used. Psychiatric sodium amytal or sodium penthotal is administered to the subject. c. Intoxication – the apparent stimulation effect of alcohol is really the result of the control mechanism of the brain, so alcohol, like truth serum, and narcoanalytic drugs ―inhibit the inhibitor‖. (In vino veritas – in wine there is truth) 3. Hypnotism – the alteration of consciousness and concentration in which the subject manifests a heightened of suggestibility while awareness is maintained. 4. By observation Physiological and psychological signs and symptoms of guilt: a. Sweating – if accompanied with a flushed face indicate anger, embarrassment or extreme nervousness. If with a pallid face, may indicate shock or fear. Sweating hands indicate tension. b. Color change – flushed face may indicate anger, embarrassment or shame. Pale face is sign of guilt. c. Dryness of the mouth – nervous tension causes dryness of the mouth which causes continuous swallowing and licking of the lips. d. Excessive activity of the Adam’s apple – on account of dryness of the throat, subject will swallow saliva which causes frequent upward and downward movement of the Adam’s apple. e. Fidgeting – constantly moving about in the chair, pulling his ears, rubbing his face, picking and tweaking the nose, etc. Indicative of nervous tension. f. ―Peculiar feeling inside‖ – there is a sensation of lightness of the head and the subject is confused. Result of troubled conscience. g. Swearing to the truthfulness of his assertion – ―I swear to God I am telling the truth‖ h. ―Spotless past record‖ – subject may assert that it is not possible for him to do ―anything like that‖ inasmuch as he is a religious man and that he has a spotless record. i. Inability to look at the investigator “straight in the eye” – because of fear that his guilt may be seen in his eyes.

Summary of Legal Medicine Book by Solis

FROGLETS NOTES j. “Not that I remember” expression – resort to this expression to avoid committing something prejudicial to him. 5. Scientific interrogation – the questioning of a person suspected of having committed an offense or of persons who are reluctant to make a full disclosure of information in his possession which is pertinent to the investigation. Suspect – person whose guilt is considered on reasonable ground Witness – person other than the suspect who is requested to give information Different types of criminal offenders a. Based on behavioral attitude: i. Active aggressive offenders – commit crimes in an impulsive manner ii. Passive inadequate offenders – commit crimes because of inducement, promise or reward. b. Based on the state of mind i. Rational offenders – commit crime with motive or intention ii. Irrational offenders – commit crime without knowing the nature and quality of his act. c. Based on proficiency i. Ordinary offenders – engaged in crimes which require limited skill ii. Professional offenders – commit crimes which require special skills rather than violence. d. Psychological classification i. Emotional offenders – commit crimes in the heat of passion, anger, or revenge. ii. Non-emotional offenders – commit crimes for financial gain and are usually recidivist or repeaters.

e. The subject is given the opportunity to make a lengthy, time-consuming narration. 6. Confession – an expressed acknowledgment by the accused in a criminal case of the truth of his guilt as to the crime charged, or of some essentials thereof. Requirement for the Admissibility of Evidence Obtained Through Interrogation  

Some Techniques of Interrogation  

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Techniques of Interrogation a. Emotional appeal – interrogator must create a mood that is conducive to confessio...