LEGAL/FORENSIC MEDICINE

1. LEGAL/FORENSIC MEDICINE Atty. Tony D. Rebosa,MD,BSCrim

2. LEGAL MEDICINE … application of medical knowledge to the purposes of law and in the administration of justice • MEDICAL JURISPRUDENCE … knowledge of law in relation to the practice of medicine

3. PRINCIPLE OF STARE DECICIS • When the court has once laid down a principle of law or interpretation as applied to certain state of facts, it will adhere to and apply to all future cases where the facts are substantially the same

4. BASIC PRINCIPLES GOVERNING APPLICATIONS AND EFFECTS OF LAWS • 1. Ignorance of the law excuses no one from compliance therewith • 2. Laws shall have no retroactive effect unless the contrary is provided • 3. Rights may be waived unless the waiver is contrary to law , public order, morals or good customs or prejudicial to a third person with a right recognized by law • 4. Customs which are contrary to law, public order and public policy shall not be countenanced. A custom must be proved as a fact according to the rules of evidence.

5. 5. Laws are repealed only by subsequent ones and their violation and non-observance shall not be excused by disuse, custom or practice to the contrary

6. EVIDENCE • - means sanctioned by the Rules of Court of ascertaining in a judicial proceeding the truth respecting a matter of fact

7. TYPES OF MEDICAL EVIDENCE • 1. AUTOPTIC or REAL EVIDENCE … addresses to the senses of the court • 2. TESTIMONIAL EVIDENCE … ex. MD in the witness stand • a) Ordinary Witness • b) Expert Witness • 3. EXPERIMENTAL EVIDENCE … if allowed by the court to confirm or corroborate • 4. DOCUMENTARY EVIDENCE … writings/photographs • a) medical certificates • b) medical expert opinion • c) deposition • 5. PHYSICAL EVIDENCE … articles and materials found in connection with the investigation and which aids in establishing the identity of the perpetrator

8. CRIMINALISTICS … ID, collection, preservation, and mode of presentation of physical evidence; application of sciences in in crime detection and investigation • CORPUS DELICTI EVIDENCE … objects/substances which maybe a part of • the body of the crime • ASSOCIATIVE EVIDENCE … evidence that may link suspect to the crime • TRACING EVIDENCE … evidence that may assist investigator in locating the suspect

9. SKETCHING … rough drawing of the scene or object • Rough … made at the crime scene • Finished … sketch prepared from the rough sketch for court presentation

10. KINDS OF EVIDENCE NECESSARY FOR CONVICTION • DIRECT … that which proves the fact in dispute without the aid of any inference or presumption • CIRCUMSTANTIAL … the proof of facts from which taken either singly or collectively, the existence of a particular fact in dispute may be inferred as a necessary or probable consequence

11. WEIGHT, SUFFICIENCY AND APPRECIATION OF EVIDENCE • CIVIL CASE … preponderance of evidence • CRIMINAL CASE … proof/guilt beyond reasonable doubt • ADMINISTRATIVE CASE … substantial evidence

12. DECEPTION DETECTION • 1. Devices that record the psycho- physiological responses • Polygraph/lie detector machine (25% error) • Word Association test • Psychological Stress Evaluator • 2. Drugs that try to “inhibit the inhibitor” • Truth Serum –hyoscine hydrobromide • Narcoanalysis / narcosynthesis • Intoxication • 3. Hypnotism …alteration of consciousness and concentration in which the subject manifests heightened suggestibility • 4. Observation • 5. Scientific Interrogation • 6. confession … expressed acknowledgement by the accused in a criminal case of the truth of his guilt as to the crime charged

13. TYPES OF CRIMINAL OFFENDERS • 1. Based on Behavioral Attitude • Active Aggressive Offender … impulsive, aggressive behavior • Passive Inadequate Offender … • inducement, promise, reward • 2. Based on the State of Mind • Rational Offender … with motive, intention, pre-evident meditation • Irrational Offender … does not know nature and quality of act

14. Based on Proficiency • Ordinary … lowest form of criminal career, limited skill • Professional … highly skilled, rarely detected ex. Pickpockets,shoplifter • Based on Psychological Classification • Emotional … heat of passion, anger, revenge • Non-Emotional … commit crimes for financial gain and are usually recidivist

15. TECHNIQUES OFINTERROGATION • 1. EMOTIONAL APPEAL • 2. MUTT AND JEFF • 3. BLUFF ON SPLIT PAIR TECHNIQUE • 4. STERN APPROACH • 5.LENGHTY, TIME CONSUMING NARRATION

16. IDENTIFICATION • LAW OF MULTIPLICITY OF EVIDENCE IN IDENTIFICATION • the greater the number of points of similarities and dissimilarities of 2 persons compared, the greater is the probability for the conclusion to be correct

17. CHARACTERISTICS THAT MAY NOT EASILY BE CHANGED • Mental memory • Speech • Gait • Mannerism • Hands and feet • Complexion • Eye changes • Facies • Left/right handedness • Degree of nutrition

18. GAIT … manner of walking • ATAXIC … tabes dorsalis • CEREBELLAR … staggering movement • COW’S … swaying movement, knock- knee • PARETIC … short steps, foot drag, • SPASTIC … stiff • FESTINATING … involuntary movement • FROG … hopping gait, infantile • WADDLING … duck

19. FACIES/FACIAL EXPRESSIONS • HIPPOCRATIC … pinched nose • MONGOLIAN … almond eyes • FACIES LEONINE … lion-like • MYXEDEMIC … pale, edematous face

20. FINGERPRINTING • Considered to be the most valuable method of identification and is universally used because: • 1. There are no two identical fingerprints • 2. Fingerprints are not changeable

21. DACTYLOGRAPHY … is the art and study • of recording fingerprints as a means of identification • DACTYLOSCOPY … is the art of identification by comparison of fingerprints. It is the study and utilization of fingerprint • POROSCOPY … study of the pores found on the papillary or friction ridges of the skin for purposes of identification

22. KINDS OF IMPRESSION • REAL IMPRESSION … impression of the finger bulbs with the printing ink on the surface of the paper • CHANCE IMPRESSION … fingerprints impressed by mere chance without any intention to produce it. It may be: • - Visible • - Plastic • - Latent

23. CAN FINGERPRINTS BE EFFACED? • CAN NGERPRINTS BE FORGED?

24. BIBLIOTICS … science of handwriting analysis • GRAPHOLOGY … study of handwriting for the purpose of determining the writer’s personality, character and aptitude • DISGUISED WRITING … deliberate attempt on the part of the writer to alter his writing habit by endeavoring to invent a new writing style or imitating the writing of another person

25. SIGNATURE FORGERY EXAMINATION … the most common activity of a Question Document Examiner. Such documents may be found in checks, deeds of conveyances, anonymous letters, suicide notes, receipts, etc. • CLASSIFICATION OF SIGNATURE FORGERY • - traced • - simulated • - spurious

26. IDENTIFICATION OF SKELETAL REMAINS • SEX … pelvis, skull, femur, sternum, humerus • MALE PELVIS

27. LEGAL IMPORTANCE IN THE STUDY OF BLOOD • 1. For disputed parentage (paternity/maternity) • 2. Circumstantial or corroborative evidence against or in favor of the perpetrator of the crime • 3. Determination of the cause of death • 4. Determination of the direction of escape of the victim or the assailant • 5. Determination of the approximate time the crime was committed • 6. Determination of the exact place of the commission of the crime • 7.Determination of the presence of certain diseases

28. CHEMICAL EXAMINATION • 1. Saline extract of the blood stain plus will give a brownish tinge due to the formation of alkaline hematin • 2.Benzidene test • 3. Guiacum test • 4. Phenolphthalein test • 5. Leukomalachite Green test

29. MICROCHEMICAL TESTS • 1.Hemochromogen Crystal or Takayama test • 2. Teichman Blood Crystal Test or Hemin Crystal test • 3. Acetone –Haemin of Wagenhaar test

30. BIOLOGIC TEST • PRECIPITIN TEST … determines whether blood/semen is of human origin or not • BLOOD GROUPING