Legal and Forensic Medicine Notes PDF

LEGAL AND FORENSIC MEDICINE NOTES
I would like to give thanks to everyone who helped me in making this notes possible. Thanks to Jorap and Rika for lending me their time transcribing and sharing their notes. Thank you Trish, Vincent A., Leslee, yVee, and Shar for unselfishly sharing your audio recordings. Mhyko This is my first trans hahaha! Hello hello to: My Med, Surg, Neuro, and ano pa nga yung isa? Pedia! I you groupmates. L Group (aka CPC Group 1) and PPG. The good looking UERM Red Cross officers: Rey, Eloise, Leigh, Carlo, Jean, Miko and Kat, Fid, Therese and Thea. 2012 APO Mens basketball team, UERM Palarong Med Volleyball, Football and T-Tennis teams. Pati narin basketball, badminton, swimming, and sepaktakraw teams. Hi to my grandmother who is from 2013. Mag-ballroom naman tayo minsan. I you grandma! - jorap Hello 2012! Goodluck satin lahat sa exams.. Konting tiis nalang.. Days to go nalang before sembreak. Yey!! Aral tayo lahat mabuti.. Miko thanks dahil ang tyaga nyo gumawa. Notes ko lang naman nadagdag ko eh. Pero I'm glad I helped a little. Anyway, Godbless 2012! :) -rika (Sent from my iPod) LEGEND: Normal text : lecture and recordings from section a & b Italics : book and 2011 trans PRINCIPLE OF STARE DECICIS Whom the court has once laid down a principle of law or interpretations as applied to certain state of facts, it will adhere to and apply to all future cases where the facts are substantially the same What the Supreme Court lays down is the principle of law, all its subjects are duty-bound to follow Para wala nang tanungan ang mas madaling intindihing meaning nito ay: "Maintain what has been decided and do not alter that which has been established" THREE BRANCHES OF THE GOVERNMENT EXECUTIVE - Tasked to IMPLEMENT THE LAW The office of the president and The different department bureaus LEGISLATIVE - They are tasked to MAKE THE LAW The upper house: The Senate The lower house: The House of Representatives JUDICIARY - Tasked to APPLY or INTERPRET THE LAW Supreme Court: Chief Justices Court of Appeals Sandiganbayan The Regional Trial Court Which Branch is The Most Powerful? None. They are all equal branches of the government. No one is above the other. If congress passes a bill, it can be vetoed by the government. Congress can overturn the veto by a vote of two-thirds. If the president accepts the bill, the Supreme Court can strike it down as unconstitutional. Who appoints justices to the Supreme Court? The president. Who submits the budget for the Supreme Court? The congress.
INTRODUCTION
SCOPE OF LEGAL MEDICINE It is the application of medical and paramedical sciences as demanded by law and administration of justice. The knowledge of the nature and extent of wounds has been acquired in surgery, abortion in gynecology, sudden death, and effects of trauma in pathology, etc. aside from having knowledge of the basic medical sciences, like anatomy, physiology, biochemistry, physics, and other allied sciences. Strictly speaking, LEGAL MEDICINE is primarily the application of medicine to legal cases while FORENSIC MEDICINE concerns with the application of medical science to elucidate legal problems. MEDICAL JURISPRUDENCE denotes knowledge of law in relation to the practice of medicine. It concerns with the study of the rights, duties, and obligations of a medical practitioner with particular reference to those arising from doctor-patient relationship. NATURE OF THE STUDY OF LEGAL MEDICINE A physician who specializes or is involved primarily with medicolegal duties is known as MEDICAL JURIST (medical examiner, medico-legal officer, medico legal expert) DISTINCTION BETWEEN AN ORDINARY PHYSICIAN AND A MEDICAL JURIST An ordinary physician sees an injury or disease on the point of view of treatment, whole a medico-jurist sees injury or disease on the point of view of cause. The purpose of an ordinary physician examining a patient is to arrive at a definite diagnosis so that appropriate treatment can be instituted, while the purpose of the medical jurist in examining a patient is to include those bodily lesions in his report and testify before the court or before an investigative boy; thus giving justice to whom it is due. Minor or trivial injuries are USUALLY ignored by an ordinary clinician inasmuch as they do not require usual treatment. Superficial abrasions, small contusion, and other minor injuries will heal without medication. However, a medical jurist must record 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.
BASIC PRINCIPLES OF GOVERNING APPLICATIONS AND EFFECTS OF LAWS

IGNORANCE OF THE LAW EXCUSES NO ONE FROM COMPLIANCE THEREWITH OR IGNORANTIA LEGIS NOMINEM EXCUSAT You cannot invoke the excuse that you are doctors, that its ok for you not know the law because you are not lawyers In our current academic status, we are considered more knowledgeable and learned than an ordinary layman, it should be considered an aggravating circumstance for us not to know the law. Ignorance is not an excuse. Know your laws. Nice to know: When a congressman sponsors a health bill, it will then be introduced / passed on to the committee of health composed of 40-50 congressmen where the bill goes through public hearings. So the committee can either kill it there and/or calendar it for three separate meetings in the lower house. At the third meeting, congressmen will vote Nay or Yey. After that, the bill goes to the senate and will again undergo three separate meetings. They have only up to three years to do that because they re-elect every three years. LAWS SHALL HAVE NO RETROACTIVE EFFECT UNLESS THE CONTRARY IS PROVIDED Laws should always be prospective unless it is favorable for the accused. Laws take effect ONLY AFTER 15 DAYS after the laws publication in a journal/common medium A murderer was sentenced to life and during his stay in prison, the sentence for murder was decreased to 25 years. Since 25 years is MORE FAVORABLE than life in prison, the new law will apply to them. If a law was passed punishing students who cheat in med school, retroactive to 50 years, is this constitutional? NO. (Amen to
TRANSCRIBED BY: Jorap Rosal & Rika De Borja COPYREAD AND COMPILED BY: Mhyko
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that!) One because, laws should only be prospective and two, because it is not favorable for the accused. Nice to know: Death penalty before was done by electrocution. When it was abolished crime rates increased. Once you have served 1/3 of your sentence, you are eligible for parole. RIGHTS MAY BE WAIVED UNLESS THE WAIVER IS CONTRARY TO THE LAW, PUBLIC ORDER, MORALS OR GOOD CUSTOMS OR PREJUDICIAL TO A THIRD PERSON WITH A RIGHT RECOGNIZED BY A LAW Lets say youre a doctor and you had your patient sign a waiver waiving his/her right to sue, can she still sue you? Yeeesss (with matching condescending baritone voice ni sir). Why? Because that condition is null and void. Why is it null and void? Because it is against public policy. Why is it against public policy? Because that waiver is actually a suicide note. You cannot allow another person to kill you. Waivers only give you some security, but when the relatives demand a lawsuit, they still can. CUSTOMS WHICH ARE CONTRARY TO LAW, PUBLIC ORDER AND PUBLIC POLICY SHALL BE COUNTENANCED. A CUSTOM MUST BE PROVED AS A FACT ACCORDING TO THE RULES OF EVIDENCE In a tribe that practices cutting off of clitoris because its their custom and theyve been there even before the laws were established, do they violate the law? Yesss (condescending baritone voice ulit). What law? Mutilation. The medico-legal classification of mutilation: cutting off of a reproductive organ yields a graver punishment than cutting a non-reproductive organ. So if you cut an Ear vs. a Penis, which one is a more heinous crime? Cutting off of penis. Between the tongue and the ears? Tongue. ( ^_- ) wink wink!! Intent to cut: MUTILATION Intent to hurt: PHYSICAL INJURY Intent to kill: MURDER If there was intent to hurt or no intent at all but eventually resulted to death: HOMICIDE THREE DEGREES OF MURDER: Attempted you shoot victim, you missed. Even without medical attendance, victim will survive. Frustrated- you shoot, but doctor revived victim. Medical attendance is required. This is where the questions of Mortal or Non-Mortal Wounds come in. Mortal wound involves major blood vessels and organs. Non-Mortal wound does not involve major vessels or organs. Consummated you shoot, victim dies THREE DEGREES OF PARTICIPATION: Accessory not present at the actual crime and may be subject to lesser penalties than an accomplice. Accomplice present at the actual crime and can be prosecuted even if the main criminal is not charged or convicted. Principal any actor who is primarily responsible for the criminal offense. WHEN IS IT MURDER? There is time for contemplation. Use of superior force and night time to ensure success It was committed during a conflagration, shipwreck or a calamity. (even if hold-up lang ginawa mo, eh nag-earth quake, malas mo, murder na yun) Committed in the presence of the Chief Executive. (sa harap ng president) Cussing at the courts or the deceased. As a doctor if you see something as minor as an abrasion. Report it. It indicates signs of struggle / victim trying to runaway from assailant.
IMPOSSIBLE MURDER (IMPRISONMENT OF NOT >2 YEARS) Sir Rebosas wife tried to kill him. She mistakenly put salt in his coffee instead of poison. It turns out Sir Rebosa, loves salty coffee OR killing an already dead person ANTE-MORTEM WOUNDS / POST-MORTEM WOUNDS. Get tissue from margins of wound and look for Vital Tissue Reaction (VTR), in other words, youre looking for signs of inflammation TREACHERY - Traitor or Ahas SCAFFING OF CORPSE OF THE DISEASED Adding insult to the injury Homicide becomes murder
CONSTITUTION
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 1898 1935 1935 1941 MALOLOS CONSTITUTION, 1 constitution COMMONWEALTH CONSTITUTION. All laws nd were called Commonwealth Acts (CA) 2 constitution JAPANESE INVASION, constitution was suspended. PHILIPPINE REPUBLIC was established. All laws were called Republic Acts (RA) rd 3 constitution BATASANG PAMBANSA established. It served as a transitional legislative body as mandated by the 1973 Constitution as the Philippines shifted from a presidential to a parliamentary form of government. All laws were called Batas Pambansa (BP). Most famous was BP 22: Bouncing Checks Law. MARCOS REGIME (MARSHALL LAW) up until the Edsa Revolution. All laws were called Presidential Decrees (PD) since Dictator si Marcos that time Cory took over, 1987 constitution. All laws th were called Republic Acts (RA), 4 constitution
st
1941 1945 1946 1972 1973 constitution 1978
1972 1986
1987
EVIDENCE
- The means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact (Sec.1, Rule 128, Rules of Court) - The species of proof, or probative matter, legally presented at the trial of an issue by the act of the parties and through the medium of witnesses, records, documents, concrete objects, etc., for the purpose of inducing belief in the minds of the court as to their contention(Blacks Law Dictionary) - The judge determines if evidence is admissible or inadmissible. - Admissibility depends on the person presenting it. - Hearsay/chismis mostly an inadmissible fact. - To be admissible, evidence must be relevant to the fact in issue. MEDICAL EVIDENCE- if the means employed to prove a fact is medical in nature. TYPES OF MEDICAL EVIDENCES: AUTOPTIC OR REAL 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. It is of judicial notice the judge is supposed to know Do you need to prove to the judge that the ball is round? A square has 4 sides? Limitations: Indecency and Impropriety. (Example: exposure of genitalia of an alleged sexual offense victim)
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Repulsive Objects and those Offensive to Sensibilities (Example: foul smelling objects, persons with highly infectious and communicable diseases, objects that pose potential danger to the life/health of the judge) May still be presented if necessary for adjucation of the case depending on the sound discretion of the court. TESTIMONIAL doctor as a witness ORDINARY a physician who testifies in court on matters he perceived from his patient in the course of physician-patient relationship in is considered as an ordinary witness. EXPERT 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 in nature. EXPERIMENTAL if allowed by the Court to confirm or corroborate If the judge dont believe that a pen is capable of exploding, Judge, lets have an experiment, please hold this ballpen and lets see if it will explode in your hands. : } Example: show how long a person can survive after administration of lethal dose of poison by administration of the said poison to experimental animals w/in the view of the court DOCUMENTARY writings/photographs Recorded by letters, figures or marks Applies to writings, to words printed, lithographed or photographed; to seals, plates or stones on which inscriptions are cut or engraved; to photographs and pictures; to maps or plans MEDICAL CERTIFICATES OR REPORT ON (see page __) - Medival/Physical exam - Necropsy/Autopsy - Labs - Exhumation(nahukay???) - Birth/death MEDICAL EXPERT OPINION DEPOSITION - if the ONLY witness who could testify is migrating to another country next month or has terminal CA who will die in 3 months, he/she will produce a testimony under oath, just like an affidavit. Testimony is perpetuated. PHYSICAL articles and materials found in connection with the investigation and which aids 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. CRIMINALISTICS Identification, collection, preservation and mode of presentation of the physical evidence, application of sciences in crime detection and investigation. Types of Physical Evidences: 1. CORPUS DELICTI objects/substances which may be part of the body of the crime. - Smoking gun - Body of the victim of the murdered - Prohibited drugs recovered from a person - Knife with blood stains or fingerprints of the suspect - Stolen motor vehicle identified by plate number and by body or engine serial numbers. 2. ASSOCIATIVE evidence that may link suspect to the crime. An alibi at this point may be considered to be the weakest defense. - YOUR SCHOOL ID/nameplate beside a dead body :o You become associated with the crime, you become a suspect 3. TRACING EVIDENCE evidence that may assist investigator in locating the suspect. The ELECTRONIC EVIDENCE LAW makes text messages and e-mails now admissible to court as evidence. - Traces of blood, mobile phone tracker
If youre going to threaten somebody, make sure you use prepaid. Consultation via text messages may text the wrong dose, (5g instead of 0.5mg, overdose = patay). Just reply Pls col me Do not reply and treat a patient thru a text message. METHODS OF PRESERVING EVIDENCES: PHOTOGRAPHS, ADIO AND/OR VIDEO TAPE, MICRO-FILM, PHOTOSTAT, XEROX, VOICE TRACING, ETC. SKETCHING rough drawing of the scene or subject ROUGH made at the crime scene or during examination of living or dead body. On the latter, an anatomic figure of the front, back and side part of the body must be made and the bodily lesions indicated. FINISHED sketch prepared from the rough sketch for court presentation DESCRIPTION putting into words the person or thing to be preserved SKIN LESION PENETRATING WOUND (punctured, stab, or gunshot) HYMENAL LACERATION PERSON MANIKIN METHOD Miniature model of a scene or human body indicating marks of various aspects of the things to be preserved. PRESERVATION IN THE MIND OF THE WITNESS A person who perceives something relevant for proper adjudication of a case may be a witness in court if he has the power to transmit to others what he perceived. 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. KINDS OF EVIDENCE NECESSARY FOR CONVICTION:s DIRECT provides the fact in dispute without the aid of any inference or presumption. The evidence that can stand on its own. Example: Eye witness, DNA Direct evidence: - Vizconde massacre: Eye witness Jessica Alfaro - OJ Simpson Case: DNA OJ was acquitted in the criminal case, but lost the civil case: OJ cannot be tried again violation of Double Jeopardy CIRCUMSTANTIAL 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. Evidence that cannot stand on its own. Example: Blood stained jacket Circumstantial evidence, - Vizconde massacre: blood stained mats, carpets - OJ Simpson Case: sheepskin gloves WEIGHT, SUFFICIENCY AND APPRECIATION OF EVIDENCE: CIVIL CASE preponderance of evidence The party having the burden of proof must establish his case by a preponderance of evidence. Rule 133, Rules of Court: Section 1 - Preponderance of evidence, how determined - In civil cases, the ff. factors may be considered: All the facts and circumstances of the case The witnesses manner of testifying, their intelligence, means and opportunities of knowing the facts to w/c they testify Nature of the facts to w/c the witness testify The probability and improbability of the witnesses testimony The interest or want of interest of the witnesses
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Credibility of the witness so far as the same may legitimately appear upon the trial Number of witnesses presented, although preponderance is not necessarily w/ the greatest number. CRIMINAL CASE proof/guilt beyond reasonable doubt The defendant is entitled to an acquittal, unless his guilt is shown beyond reasonable doubt. Proof beyond reasonable doubt does not mean such a degree of proof as, excluding possibility of error, produces absolute certainty. Moral certainty only is required, or that degree of proof which produces conviction in an unprejudiced mind. It is presumed that a person is innocent of a crime until the contrary is proven beyond reasonable doubt. The doubt, the benefit of which an accused is entitled in a criminal case, is a reasonable doubt, and not a whimsical or fanciful doubt, based on imagined and wholly improbable possibilities and unsupported by evidence. Rule 133, Rules of Court: Section 2- Proof beyond reasonable doubt - In criminal case, the defendant is entitled to an acquittal, unless his guilt is shown beyond reasonable doubt. It is presumed that a person is innocent of a crime until the contrary is proven beyond reasonable doubt. ADMINISTRATIVE CASE substantial evidence
The test is not concerned with the answer, be it yes or no. The important factor is the time of response in relation to stimulus or non-stimulus words. PSYCHOLOGICAL STRESS EVALUATOR (PSE) Detect stress of a person lying by modulations of his voice. When a person is under stress as when he is lying, the micro-tremor in the voice utterance is moderately or completely suppressed. The degree of suppression varies inversely to the degree of psychologic stress in the speaker. The psychologic stress evaluator (PSE) detects, measures, and graphically displays the voice modulations that we cannot hear. DRUGS THAT TRY TO INHIBIT THE INHIBITOR TRUTH SERUM Hyoscine hydrobromide (person will not have the propensity to lie. Think: True Lies) In the test, Hyoscine bromide 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. He forgets his alibi which he may have built up to cover his guilt. He may give details of his acts or even implicate others. NARCOANALYSIS/NARCOSYNTHESIS Practically the same as that of the administration of truth serum. The only difference is the drug used (sodium amytal and sodium pethotal). Because of the drug, the subject speaks freely due to lack of inhibition. INTOXICATION WITH ALCOHOL The ability of alcohol to reveal the real person behind the mask which 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). Confessions made by the subject while under the influence of alcohol may be admissible if he is physically capable to recollect the facts that he has uttered after the effects of alcohol have disappeared. But in most instances, the subject cannot recall everything that he had mentioned or he may refuse to admit the truth of the statement given. HYPNOSIS Alteration of consciousness and concentration heightened suggestibility while awareness is maintained. (Loook straight intooo my eyes...) Not all persons are susceptible to hypnotic induction. Subjects who are compulsive-depressive type, strongwilled like lawyers, accountants, physicians, and other professionals are usually non-hypnotizable. Truth serum, intoxication, hypnosis cannot be done in court since testifying in court is VOLUNTARY OBSERVATION A good criminal investigator must be a keen observer and a good psychologist. A subject under stress on account of the stimulation of the sympathetic nervous system may exhibit changes which may be used as a potential clue of deception. And since just one or a combination of the following signs and symptoms is not conclusive or a reliable proof of guilt of the subject, their presence infers further investigation to ascertain the truth of the impression. Physiological and Psychological Signs and Symptoms of Guilt: Sweating Color change Dryness of the mouth Excessive activity of the Adams apple Fidgeting Peculiar feeling inside Swearing to the truthfulness of his assertion Spotless past record Religious man Inability to look at the investigator straight in the eye Not that I remember expression
DECEPTION DETECTION
- You cannot be compelled against your will invoking right against self-incrimination or something that makes use of intellect. DEVICES THAT RECORD PSYCHO-PHYSIOLOGICAL RESPONSE: LIE DETECTOR TEST OR POLYGRAPHY Cannot be forced to undergo such test, Can invoke the Right Against Self Incrimination* Results are generally inadmissible (Exception: when the person waives the Right of Self Incrimination AND pts it into writing in the presence of a lawyer of his choice) *Right Against Self Incrimination If the procedure/activity makes use of your intellect, you can invoke this right (ask to smile, lie detector test, and semen sample). If it is mechanical in nature, you cannot invoke (finger print, photographs, mug shots) (dahil di naman daw kelangan gumamit ng utaknot unless pag-iisipan mo kung paano ka ngingiti) Phases of Examination 1. Pre-test interview - Check for medical/psychiatric condition/drug use - Explain purpose of exam - Develop the test questions - Explain efficiency of technique - To know any anti-social activity or criminal record of the subject 2. Actual interrogation and recording through the instrument - Irrelevant questions- no bearing to the case like age, citizenship, marital status - Relevant questions- pertains to issue under investigation - Control questions- unrelated to the matter under investigation but are similar of nature 3. Post-test interrogation - To clarify findings - To learn if there are any other reasons for subjects responding to a relevant question - Obtain additional info WORD ASSOCIATION TEST Time response to questions is recorded.
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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. It may be done on a suspect or a witness. The use of drugs that try to inhibit the inhibitor and hypnotism are both involuntary therefore are inadmissible in court as evidences.
NON-EMOTIONAL commit crimes for financial gain and are usually recidivist or repeaters. The interrogation should make a factual analysis of the suspects predicament and appeal to his common sense an reasoning rather than to his emotion. Example: Hired killers (Trabaho lang, walang personalan.)
Sa Team Switz, magdadala na ako ng cake sa RSI sa exam week. Kina Ma. Paola Bianca Macasieb, Kent Emmanuel Viquiera, Milagros Andrea Victoria Lazo at Leo Alejandro Miguel Lagade! 2012A, B UERM Red Cross members Kay Choon and kay Cheeks! Kay Hello Cheeky na ang weapon ay Flaming Steth at ang special move ay Kidney Punch! Kina Silver, Bronze, Titanium, Palladium, Emerald, Diamond, Aluminum, Gold, Cold, & Bold Standards!
TYPES OF CRIMINAL OFFENDERS

BASED ON BEHAVIORAL ATTITUDE ACTIVE AGGRESSIVE OFFENDER Persons who commit crimes on account of their implsive and aggressive behavior; seen in crimes of passion, revenge or resentments. PASSIVE INADEQUATE OFFENDER Commit crimes because of inducement, promise, and reward They are gullible and easily persuaded to perform acts in violation of the penal laws. BASED ON THE STATE OF MIND RATIONAL OFFENDER With motive, intention or pre-evident meditation, and with full possession of their mental faculties. Example: Murderer IRRATIONAL OFFENDER Does not know nature and quality of his act. Example: Mad killer BASED ON PROFICIENCY ORDINARY Lowest form of criminal career Only engaged in crimes that require limited skill They lack the capacity to avoid arrest and conviction. PROFESSIONAL Highly skilled and rarely detected commit crimes that require special skills rather than violence. Example: Pickpockets, shoplifters BASED ON PSYCHOLOGICAL CLASSIFICATION EMOTIONAL Heat of passion, anger, or revenge, and also who commit offenses of accidental in nature. Usually have a feeling of remorse, mental anguish, or compunction as a result of their acts. They have the sense of moral guilt. The most effective interrogation approach to use for them is based upon sympathetic consideration regarding their offense and present difficulty. Example: a man comes home seeing his wife with another man and kills them both. Penalty: Destierro Destierro Defined as: "Banishment or only a prohibition from residing within the radius of twenty (25) kilometers from the actual residence of the accused for a specified length of time." Example: A wife catches her husband with another woman (or another man) and kills them both Penalty: The wife is not justified to killing her husband and his whatever, it is an INCOMPLETE JUSTIFICATION. The wife will have to go to jail. Patience is a virtue. If youre going to kill your wife or husband with another man or woman, dont kill them when they are still in foreplay, you have to wait they are in the act of having sex. Dura lex sed lex. Dura lex sed lex [the] law [is] harsh, but [it is the] law
Rete de la noche, del da, de la luna, rete de las calles torcidas de la isla, rete de este torpe muchacho que te quiere, pero cuando yo abro los ojos y los cierro, cuando mis pasos van, cuando vuelven mis pasos, nigame el pan, el aire, la luz, la primavera, pero tu risa nunca porque me morira. -- Neruda
From: jumping jorap
INTERROGATION TECHNIQUES
EMOTIONAL APPEAL not done, theoretical only (Brad, sabihin mo na yung totoo please? Bad yun, kasalanan sa Diyos yun.) The interrogator must create a mood that is conducive to confession. He may be sympathetic and friendly to the subject. The subject may be willing to disclose more information if he is treated in a kin spirit. MUTT AND JEFF TECHNIQUE a.k.a. good cop/bad cop routine. 2 investigators with contrasting personalities. Mutt: arrogant and relentless(bad cop) Jeff: friendly, sympathetic and kind(good cop) When Mutt is not present Jeff will advice the subject to make a quick decision and plea for cooperation. BLUFF ON SPLIT-PAIR TECHNIQUE several suspects; have 2 sets of investigators in separate rooms. All who are allegedly participated in the commission of a crime are interrogated separately and the results of their individual statements are not known to one another. While one of the subjects is under interrogation, the interrogator may claim that the subject was implicated by the author and that there is no use for him to deny participation. STERN APPROACH TORTURE. Evidences or testimonies taken by torture is considered inadmissible evidence and will subject the torturer to capital punishment. Physical violence most common way of torture The best way to torture a person is not to have any external marks. (Example: Water immersion technique, suffocation, electrocution in the testicles, and by tickling ONLY IN THE PHILIPPINES!!) LENGTHY, TIME CONSUMING NARRATION kwento mo nalang sakin kung anong nangyari ha , uupo nalang ako dito. There may be a moment when the subject becomes confused and desists from making further statement for fear of contradicting his previous statement.
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CONFESSION VS ADMISSION
CONFESSION expressed acknowledgement by the accused in a criminal case of the truth of his guilt as to the crime charged, or of some essential thereof. You not only admit that you shot him but also admit the crime. Example: Eh binaril ko po sya kasi nung hinoholdap ko po he refused to give me his cell phone. ADMISSION valid ground or reason for shooting him. Example: Eh nagwarning shot na nga ako eh, tapos pinagnanakawan pa rin ako eh, tapos bigla akong binaril, so binaril ko sya.
IDENTIFICATION
SHARE KO LANG HEHE.. SABI NI SIR MEMORIZE DAW YUNG CLASSIFICATIONS AND YUNG MGA UNDER SA KANILA KASI MGA MALA GANUN DAW MGA TANONG SA EXAM. EXAMPLE: CHEMICAL TESTS TAPOS YUNG MGA UNDER NG CHEMICAL TESTS. - RIKA
- HALLMARK OF FORENSIC MEDICINE - In a legal viewpoint, it is important to identify the accused, who must be arraigned and be given the sentence must be the perpetrator - Determination of the individuality of a person or thing Importance: 1. Ground for dismissal of the charge of acquittal of the accused. 2. Facilitate settlement of the estate, retirement, insurance and social benefits. 3. Resolves anxiety of relatives as to whereabouts of a missing person or victim. 4. Needed in some transactions. Identification is very important: you cannot declare a person dead unless you identify that the person you place in the death certificate is the one actually dead. If you cannot identify the person, you cannot tell that the person is already dead Example: Burns you cant identify identify through other methods if identification DNA, clothing - MISSING SPOUSE: cannot just re-marry, must go to court and file for judicial decision of presumptive death Example 1 - Wife perished on a plane crash, charred beyong recognition: Husband must wait for 4 years before he can re-marry (Family Code took: 2 years) Example 2 - Wife just disappears and abandons the husband: Husband must wait for 7 years before he can remarry. (Family Code: 4 years) Example 3 Husband re-marries a younger and sexier woman, but after 6 months, wife suddenly appears. Valid wife: unfortunately it is the 1st wife. TIP: Kill the first wife. Because shes dead, it will be an impossible crime. New Family Code took effect on August 3, 1988 RULES IN PERSONAL 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. Example: Wife on a plane, plane crashed. No survivors. Only identification: she has 6 toes on one foot. Body recovered has 7 toes. Rules her out. ORDINARY METHODS OF IDENTIFICATION Points of Identification Applicable to the Living Person Only Characteristics which may easily be changed Growth of hair, beard or mustache Clothing Frequent place of visit Grade of profession Body ornamentations
Characteristics that may NOT easily be changed Mental memory Speech Gait a person, on account of disease or some inborn traits, may show a characteristic manner of walking a. Ataxic foot is raised high, thrown forward and brought down; persons suffering from tabes dorsalis b. Cerebellar staggering movement c. Cows swaying movement due to knock knee d. Paretic short steps, foot drag, and legs are held more or less widely apart. e. Spastic stiff and the toes are dragged f. Festinating involuntary movement in short accelerating steps g. Frog hopping gait resulting from infantile paralysis h. Waddling duck (Wow ang sexy, parang pato maglakad! ^_^) Mannerism - stereotype movement or habit peculiar to an individual. Hands and feet Complexion Eye changes Facies facial expressions brought about by disease or racial influence. a. Hippocratic pinched nose, the temple hollow, eyes sunken, ears cold, lips relaxed, and skin livid. The appearance of the face is indicative of approaching death. b. Mongolian almond eyes, pale complexion, prominence of cheek bones. c. Facies Leonine a peculiar, deeply furrowed, lion-like appearance of the face. This may be observed in leprosy, elephantiasis, and leontiasis ossia. d. Myxedemic pale face, non-pitting edematous swelling, associated with dullness of intellect, slow monotonous speech, muscular weakness, and tremor. Left/right handedness Degree of nutrition SCIENTIFIC METHODS IN IDENTIFICATION FINGERPRINTING considered to be the most valuable method of identification and is universally used because: There are no two identical fingerprints Fingerprints are not changeable Odds - 1:64 billion (World population: approximately 6 billion) DACTYLOGRAPHY art and study of recording fingerprints as a means of identification DACTYLOSCOPY art of identification by comparison of fingerprints, the study and utilization of fingerprints POROSCOPY (Locards method of identification) study of the pores found on the papillary or friction ridges of the skin for purposes of identification. DENTAL IDENTIFICATION The possibility of two persons to have the same dentition is quite remote. An adult has 32 teeth and each tooth has 5 surfaces. Some teeth may be missing, carious, with filling materials, and with abnormality in shape and other peculiarities. This will lead to several combinations with almost infinite in number of dental characteristics. Bubby Dacer case Identified by means of dentition. Law mandates all dentists to keep dental records of their patients and submit them to NBI for recording purposes. Only the DENTIST is in the proper position to identify dentition. HANDWRITING, HANDPRINTING, AND HANDNUMBERING Sec.23, Rule 132, Rules of Court Handwriting, how proved: The handwriting of a person may be proved by any witness who believes it to be the handwriting of such person, and has seen the person write, or has seen writing purporting to
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be his upon which the witness has acted or been charged, and thus acquired knowledge of the handwriting of such person. Evidence respecting the handwriting may also be given by a comparison, made by the witness or the court, with writings admitted or treated as genuine by the party against whom the evidence is offered, or proved to be genuine to the satisfaction of the judge. BIBLIOTICS science of handwriting analysis. It is the study of documents and writing materials to determine its genuineness or authorship. GRAPHOLOGY study of handwriting for the purpose of determining the writers personality, character and aptitude. Example: Madame Auring IDENTIFICATION OF SKELETON Points can be determined approximately: Whether the remains are of human origin or not. Whether the remains belong to single person or not. Height. a. Actual measurement of the skeleton. b. Pearsons Formulae for reconstruction of the living stature of long bones, whose animal matters have disappeared and which are in a dry state. c. Stature from bone (Dupertius and Haddens General Formulae for Reconstruction Of Stature From Lengths of Dry Long Bones Without Cartilage). d. Topinards and Rollets Formula used in determining the height of males and females. e. Humphreys Table different height of bones for different ages and their corresponding statures. f. Lacassagne Table uses a coefficient for the determination of height. g. Manouvriers Formula based on length of tibia, fibula, radius, and ulna for the determination of height. h. Estimations of Total Foetal Length from One or More Bones. Sex. a. Pelvis b. Skull c. Sternum d. Femur e. Humerus Race. a. Extrinsic Factors Color of the skin Facial features Nature of the hair Mode of dressing b. Indices Skull Pelvis Extremities Age. a. Appearance of Ossification Centers b. Union of Bones an Epiphyses c. Dental Identification d. Obliteration of Cranial Sutures Length of interment or length of time from date of death. Presence or absence of ante-mortem or post-mortem bone injuries. Congenital deformities and acquired injuries on the hard tissues causing permanent deformities. Determine the race, sex Estimate the height first Ave. Filipino male - 56, female 52 Determine cause of death Example: crack trauma, hole gunshot wound Difference between male and female MLSS Mastoid process is Larger, Styloid process is Shorter in MALES
DETERMINATION OF SEX Legal Importance of Sex Determination As an aid in identification. To determine whether an individual can exercise certain obligations vested by law to one sex only. Marriage or the union of a man and a woman. Rights granted by law are different to different sexes. There are certain crimes wherein a specific sex can only be the offender or victim. DETERMINATION OF AGE Legal Importance of Determination of Age As in aid in identification. Determination of criminal liability. Determination of right of suffrage. Determination whether a person can exercise civil rights. Determination of the capacity to contract marriage. As a requisite to certain crimes. IDENTIFICATION OF BLOOD AND BLOOD STAINS Legal Importance of the Study of Blood For disputed parentage (maternity and paternity). Circumstantial or corroborative evidence against or in favor of the perpetrator of a crime. Determination of the cause of death. Determination of the direction of escape of the victim or the assailant. Determination of the approximate time the crime was committed. BY STUDYING THE BLOOD CLOT IF IT IS ANTEMORTEM OF POST-MORTEM: Ante-mortem: clotted when victim was still alive, homogenous in nature, very thick, difficult to be stripped Post-mortem: clotted when the victim was already dead, heterogeneous, can be easily stripped, clotting mechanism is no longer functioning it is actually dried blood, not clotted blood Determination of the place of commission of the crime. Determination of the presence of certain diseases. Problems to be Answered in the Examination of Blood Determine whether the stain is due to blood. If due to blood, determine whether it is of human origin or not. If it is of human origin, to what group does it belong? Does it belong to the person in question? The manner, degree, and condition f the article which have been stained. Age of the stain. Physical Examinations Solubility test Heat test Luminescence Chemical Examinations Saline extract of the blood stain + ammonia = brownish tinge (due to formation of alkaline hematin) Benzidine test: White filter paper is pressed on the stain. Benzidine is dropped on the paper, followed by hydrogen peroxide. (+) result: blue color Guaiacum test: White filter paper is pressed on the stain. Guaiacum is added, then hydrogen peroxide or ozonic ether is applied by drops. If (+) with blood: blue color Phenolphthalein test: tests the presence of oxidase. KestleMeyers reagent is dropped on the white filter paper with the stain, left for 10 secs. (+) result: pink after addition of hydrogen peroxide. Leucomalachite green test: (+) result: bluish-green or peacock blue color. Microscopic Examinations
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Micro-Chemical Examinations Hemochromogen crystal or Takayama test Fragment of suspected material is placed on a glass slide hemochromogen reagent is added slide is heated examined under the microscope. (+) result: salmon pink to dark brown crystals, irregular rhoimboids or in clusters. Teichmanns blood crystals or Hemin crystals test A drop of water with trace of sodium chloride is added to the fragments which are placed on a slide Glacial acetic acid is added and evaporated. (+) result: dark brown rhombic prisms. Considered to be the best test. Acetone-haemin of Wagenhaar test Particle on a glass slide (needle is intersposed to prevent direct contact between slide and cover slip) Drop of acetone is added oxalic or acetic acid is then added. (+) result: small, dark, dichroic acicular acetone-haemin crystals Spectroscopic Examinations From fresh blood stains (Oxyhemoglobin, Hemoglobin, and Reduced hematin or hemochrogen) From older stains (Methemoglobin, Alkaline hematin, Hematoporphyrin, and Reduced hematin) Other blood preparations (Acid hematin, Alkaline hematin, Carboxyhemoglobin, and Hematin) Biologic Examinations Precipitin test - test if human or not Blood grouping FOR DISPUTED PARENTAGE DNA as a Proof of Paternity Example 1: Mom is Type A; Dad is Type B Possible offspring are A, B, AB, or O. You are blood Type AB you may or may not be the offspring of your parents. (Inconclusive to paternity) Example 2: Mom is Type A; Dad is Type O Possible offspring are A and O. Your blood type is AB you are not the biological child. (Conclusive to non-paternity) CIRCUMSTANTIAL OR CORROBORATIVE EVIDENCE Can be against or in favour of the perpetrator REVIEW: (Glenda and Rafael ) Direct evidence directly saw I saw Rafael on top of Glenda without clothes; with resistance. (I witnessed the crime) Circumstantial or Corroborative not direct to the issue Before opening the door, I saw Rafael running away, holding his underwear, then upon entering the room I saw Glenda, without underwear. (Only corroborative, because Rafael was not seen forcibly entering Glenda. For all we know, Rafael may be running away because he was being raped by Glenda. ) SIMULATION OF BIRTH A CRIME Example: Girl A and girl B are twin sisters and girl A could not bear a child so girl B agreed to be the surrogate mother. Upon giving birth, girl A wanted to put her name on the babys birth certificate as the one who gave birth. Is it legal? Right? It is ILLEGAL and WRONG! DO NOT ACCEPT! 12-20 years imprisonment SUBSTITUTION OF ONE CHILD FOR THE OTHER Example: Kunin yung bata kasi cute. Wrong imprisonment between 12-20 years BEFORE IN VITRO FERTILIZATION Both parties (partners - husband and wife) must sign a consent If without consent, the child is illegitimate
PATERNITY A problem in the Philippines (Hindi akin yung bata. ) HLA paternity test 94-97% accurate (P60,000) If they cannot afford - parental likeness (magkamukha) Blood sometimes only circumstantial Example: Drips of blood suspects blood found in the scene of the crime, Glenda is the deceased victim. Blood is only corroborative. It may be the blood of the suspect, but that blood will not testify by itself that the suspect killed the victim. It will only strengthen the case because the suspects blood is found at the scene of the crime. You cannot convict an accused merely by the strength of corroborative evidence. That accused must be acquitted if there is no direct evidence. EXCEPTION: If there are so many corroborative evidences that it is the only time the accused may be charged guilty without any direct evidence. That is why it is so hard to convict an accused in a crime of rape; generally, there are only 2 witnesses in the crime. (the victim and the offender) Example: Kobe Bryant defense: consensual sex TIP: (for the males) Always get a love letter first to prove that sex was consensual. IDENTIFICATION OF HAIR AND FIBERS
KINDS OF IMPRESSION
REAL impression of the finger bulbs with the printing ink on the paper surface CHANCE fingerprints impressed by mere chance without any intention to produce it, it may be: Visible Plastic Latent Can fingerprints be effaced? No. Can fingerprints be forged? No. IN RELATION TO THE CASE OF PHILLIP PESTAO: CADAVERIC SPASM instantaneous rigor produced during instant death. Muscle did not have the time to relax. Only a group of muscles are involved. Indicative of instantaneous death. RIGOR MORTIS the whole muscles of the body is involved. Manifests 3-6 hours after death. A natural phenomenon. Occurs much faster in warmer regions or areas. PARAFFIN TEST results are only presumptive, not conclusive
THE MEDICAL CERTIFICATE

- Medicolegal report and Medical Certificate two different reports. - Any certificate issued by a doctor can be a subject of a subpoena. - Required by the police to prove injuries, etc. - Penalty 6 mos imprisonment What is the difference between the terms DIAGNOSIS and CLINICAL IMPRESSION in law? DIAGNOSIS no room for error CLINICAL IMPRESSION there is room for error In writing a medical certificate, it is better to use clinical impression than diagnosis
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TYPICAL MEDICAL CERTIFICATE Personal circumstances Date I hereby certify that _____ was personally seen and examined by the undersigned last (from)______ because of ____________. Clinical Impression is ____________.I have prescribed ______ and advised patient to rest for _________days/weeks. This medical certicate is issued for _______ purpose only and not intended for medicolegal/court use. (sgd) - Even if it written that the medical certificate is not intended for court use, can still be use as a subject for subpoena as long as the signature is still there. MEDICOLEGAL REPORT In reporting, do not add what is not there and do not remove what is there. The patient is not your friend and the accused is not your enemy. The doctor testifies not in favor of the victim or the accused but as a third party based on what he has personally examined. Depends on the court to evaluate based on the doctors testimony. He is not there to testify to favor a party, rather to enlighten the court (what are the injury sustained by the patient when he examined the patient) Form of Documentation Personal circumstances: name, age, civil status, sex, address, occupation Inpatient, outpatient, ER, clinic ALLEGED (because history is taken form the patient; in case that the patient is not telling the truth) place, date, time of infliction Nature Date and time of examination (important in the determination whether injuries are compatible / consistent with the date and time of infliction) Vital signs Level of consciousness and coherence Degree of ambulation General appearance
NATURE OF INJURIES: Stab wound same as incised wound, but manner is penetrating. Example: Bolo ni Rambo can appear as Lacerated wound (Bolo with serrations) Lacerated / Avulsed wound caused by contact with BLUNT object and causing a breakage in the skin
Example: Fist blows, vehicle bumpers, baseball bat, lead pipes, butt of the gun, etc. NOTE: According to Sir, this looks like an incised wound Incised (Sliced/Cut) wound caused by sharp edged instrument or object Example: Blade, knife, scalpel, paper cuts etc. Hacking wound a large incised bolo,
Example: Ax, samurai, etc
PHYSICAL INJURIES and EXAMINATION OF WOUNDS

PAUNAWA SA MAY MGA MASESELANG SIKMURA. - MHYKO
DESCRIBED ACCORDING TO:
Contusion/Bruise (pasa) extravasation of blood into the surrounding tissues because of damage to blood vessels. Can be sustained when a blunt object is applied to the body and the skin did not break pasa or bruise Shape, color (blue-brown-green-yellow) Ecchymosis, petechiae Tender, warm, erythematous on the first day purplish on the 2nd green yellow Description of color id important in determining whether injuries are compatible/consistent with the date/time of infliction of injury Hematoma (Blood cyst/tumor/bukol) extravasation of blood in a newly formed cavity Example: Contusion hematoma, periorbital hematoma Contusion hematoma hematoma + discoloration Gunshot Wounds caused by a bullet or slug. If caused by a gun, it is a lacerated wound Important Points: Point of entry vs. Point of exit Products of combustion Tattooing / smudging / singeing Contusion collar
Nature Shape Measurement Anatomical location

TYPES: OPEN there is breakage of skin (Example: open fracture) Abrasion skin comes in contact with a rough surface, (gasgas) Laceration force of a blunt object. Edges are irregular (wakwak, putok, Example: Pinalo ng martilyo, boxers wound during a boxing match) Incision sharp edged object causing it to break. Edges are clean & regular, manner is tangential (hiwa, Example: nahiwa ng kutsilyo) Puncture from a sharp, pointed object (icepicks, ballpens, screwdrivers)
CLOSED no breakage of the skin (Example: sprain)

Petechiae small extravasation of blood Contusion extravasation of blood causing discoloration of skin, no breakage of skin (pasa) Hematoma encystment of blood causing a mass effect (bukol,)
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Burn Injury
Description of Instrument Type: Example: The wound sustained is a stab wound, then the complainant presents a rock. (Nakakasaksak ba ang bato?) Description of Instrument Size: Example: Instrument used is a bolo, and the injury is a 2 cm stab wound Example: 5 cm stab wound, and the instrument is a Swiss knife Description of Anatomical Area/Laterality: Example: Victim claims he was stabbed at his right side, your report says stab wound is on the left. (Tsktsk.)
Example: picture is a burn injury from a heated spoon, as a form of torture. This was commonly done during Martial Law. Self- inflicted Incised Wounds
PROBABLE QUESTIONS THAT WILL BE ASKED IN COURT

What could have caused the injuries? Example: Lacerated wound on the left supraorbital area (Can be caused by a blunt object was applied to the area: stine, butt of the gun, fist, etc.) Are the injuries consistent with the allegations of the patient / victim? Example: The victim was hit by a bat. Is your finding of an incised wound consistent with the story of the patient? (A bat cannot produce an incised wound. Dapat lacerated.) What is the probable position between the victim and the assailant? Example: Used in gunshot wounds left or right, higher or lower position of the assailant in relation to the victim Example: Assailant is from the right, stab wound I on the left anterior axillary line. But there were 2 assailants. The assailant from the right can be acquitted since the injury is on the left. How many possible assailants are there? How many weapons could have been used? Which of the injuries were inflicted first? Were the injuries accidental, homicidal or suicidal (or selfinflicted)? Example: There is no such thing as suicidal palmar strangulation, it is always homicidal or murder. Example: Note handedness - in suicide by gunshot wounds. Point of entry should match the side of the victim will use dominants hand. Example: Cadaveric spasm Findings were: Point of entry: left; Point of exit: right; Cadaveric spasm: left upper extremity. Theory of suicide is very strong. Are the wounds mortal / fatal? Mortal: can cause death at that instance Example: gunshot wound to the carotid arteries Non-mortal: person will not die even without medical attention Example: gunshot wound to the forefinger. Judgment call of the doctor
Hesitation cuts Have to note if these are self inflicted or defense wounds Defense Wounds Sutured Lacerated Wounds
-- describe it as it is Electrical Burns - Hair dryer Contact Burns
Pattern of wounds - one look and you already know what caused the injury It is important to describe the wound. If you cannot say if the wound is lacerated or a stab wound, you just better describe the wound. Direct evidence is presented in court, you can now state with certainty that the instrument used can consistent with the injury sustained. Example: The patient had a lacerated wound and went to St. Lukes, was sutured, then went to UERM. How would you describe it? The patient came in with a sutured wound. NOT LACERATED WOUND.
PHYSICAL INJURIES: CONCLUSION

- Barring any complications or injuries not clinically apparent at the time of examination, patients injuries shall require medical attendance or shall incapacitate the patient from performing his habitual work for a period of not less than ______ days but not more than _____ days. CATEGORIES OF PHYSICAL INJURIES: - SLIGHT INJURY: 0-9 days required for medical attendance and time that the patient is rendered incapacitated. - LESS SERIOUS INJURY: More than 9 days but less than 30 days - SERIOUS INJURY: more than 30 days
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Even if less than 30 days but injury results to insanity, impurity, impunity, blindness, loss of function, permanent deformity like a scar in the face, it is considered a serious physical injury. PARICIDE - Killing of ascendants, descendants and spouse INFLICTION Killing of brother and sister EXAMPLE: FRACTURED HUMERUS, LEFT HAND. - The complainant is right handed lawyer and was able to return to rd work on the 3 day. Lawyers dont need hands for them to work. Why classify it as a serious type of physical injury? - Answer: According to the law, Will require medical attendance or shall incapacitate the patient. The patient may not be incapacitated by more than 31 days, but will require medical attention for more 31 days. Because fractures heal for 2 months to 2 years.
virginity, but she is chaste. She may resort to masturbation with rupture of the hymen and dilatation of the vaginal canal, yet she is still a virgin. POINTS TO BE CONSIDERED IN THE DETERMINATION OF THE CONDITION OF VIRGINITY BREASTS not a good basis of determination of physical virginity. The breasts are firm and the nipples are small and surrounded by areola which are pinkish brown or brown in color.young adults have different shapes of breasts. A fully developed virgin breast may be: Hemispherical Conical Infantile or flat Pendulous Combination conically pendulous or hemishperically pendulous VAGINAL CANAL tight and rugosities are prominent and sharp, has a certain degree of resistance upon insertion of finger or instrumentation. Not a good basis of virginity. (others have a naturally lax canal and other have a tight canal even they have had previous sexual intercourses.) LABIA MAJORA AND MINORA Again, not a good sign of virginity. FOURCHETTE AND PERINEUM - not a good sign of virginity. HYMEN the presence of unruptured hymen does not always show virginity. KINDS OF LACERATIONS: INCOMPLETE does not involve the whole width or height of the hymen Superficial: laceration does not reach of the whole width of the hymen Deep: laceration reaches of the width of the hymen, but does not reach the base COMPLETE laceration which involves the whole width, but does not reach the base COMPLICATED - not only the hymen is lacerated, but also the surrounding structures (perineum, vaginal canal, urethra or rectum) Location of the laceration is described like the face of the clock (10 o clock, 2 o clock laceration)
VIRGINITY
- Not have been altered carnally - Carnal sexual knowledge - Only woman can be a virgin only women have hymens 2 KINDS: MORAL One who does not know the sex act One who have not experienced sexual relations Children below the age of puberty, and whose sex organs and secondary characterstics not yet developed PHYSICAL Woman is conscious of the nature of sexual life but have not yet experienced sexual intercourse. TRUE PHYSICAL VIRGINITY - Woman is virgin, hymen is intact, inserting the smallest finger can evoke pain - Hymen edges are distict and regular, with a small opening barely admitting the tip of the smallest finger even if the thighs are separated. FALSE PHYSICAL VIRGINITY - Same as true virgin, but vaginal canal is lax, with less degree of resistance (Example: Can accommodate at least 2 fingers) - May have previous sexual relations DEMI-VIRGIN Permits partner of all sexual acts as long as they abstain from rupturing the hymen May have other forms of sexual abuses for their mutual satisfaction but not to the extent of rupturing the hymen MYTH 1: A virgin bleeds during her first time. MYTH 2: The first time must be painful. False, may not be painful if the woman is aroused, well lubricated. DEFLORATION: laceration of the hymen as a result of sexual intercourse Unruptured hymen is not always a sure indication of preservation of virginity. Hymen can be lacerated even before first contact. Other ways of having a laceration of the hymen: biking, aerobics, gymnastics, horseback riding, intense scratching, instrumentation, masturbation, trauma VIRGO INTACTA Truly virtuous woman Woman who had isolated sexual intercourses or even habitually, provided she had not born a child Virginity is not the same as chastity. A woman may resort to many forms of homosexual as well as heterosexual practise without losing her virginity, yet she is unchaste. A woman may have ruptured hymen and other signs of loss of physical
CRIMES OF CHASTITY
- Private crimes - Only the victim has the right to file a complaint to the exclusion of others, unless the victim is a minor or a retardate. - Rape, seduction, adultery concubinage, acts of lasciviousness, abduction RAPE Man having carnal knowledge with a woman with the use of force, intimidation, deprived of reason; when the woman is unconscious, sleeping When the woman is under 12 years old even though neither of the circumstances mentioned in the two next preceding paragraphs shall be present CARNAL KNOWLEDGE Act of a man having a sexual connection with a woman. There is carnal knowledge of there is the slightest penetration of the sexual organ of the female by the sexual organ of the male. IN THE OLD LAW: Rape is considered as crime against chastity Only a woman can be a victim of rape. (For men to have sex, must have erect penis arousal unnatural for men to be victims of rape There is no such thing as marital rape Sodomy (Anal sex) only considered as act of lasciviousness (Penalty: up to 6 years imprisonment)
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IN THE NEW LAW: RAPE: insertion of any object in the genitalia (May it be an erect or limp penis, finger, fingers, fist, soda can, soda bottle, etc. Rape is now considered as crime against persons A man now can be a victim of rape. Sodomy is now considered as rape UNCONSCIOUSNESS OF THE OFFENDED PARTY Act committed while the woman was asleep Act committed after the woman was knocked unconscious Administration of narcotics Lethargy produced by sickness WHEN THE WOMAN IS BELOW 12 YEARS OF AGE It is always rape regardless the fact that no force or intimidation was applied or the child is not deprivd of reason or otherwise conscious Is also rape even if the child consented or even if the child is a prostitute REASON: one must not take advantage of the meager intelligence and incomplete physical development of a child If the consent was induced by the administration of drugs which INCITES HER PASSION and the drug DOES NOT DEPRIVE HER OF REASON, the ACCUSED IS NOT GUILTY. CAN A WOMAN BE RAPED WHILE SHE IS ON HER NATURAL SLEEP? It may happen, but highly improbable. CAN RAPE BE COMMITTED ON A PROSTITUTE? Yes. Virginity or unchaste character is not a necessary element of the crime of rape. CAN A WOMAN COMMIT THE CRIME OF RAPE ON A MAN? It can only be committed on a woman and not a man (inclusion UNIUS ET EXCLUSION ALTERIOS) she committed Acts of lasciviousness. MAY RAPE CAUSE DEATH? Yes. The introduction of a matured male sex organ into the vagina of a young girl may produce local injury sufficient to produce death (hemorrhage, gangrene, peritonitis) ACTS OF LASCIVIOUSNESS Touching of private parts with an attempt to lay If touching private parts just to annoy, is it not acts of lasciviousness, but UNJUST VEXATION. (Penalty: P100) You have to prove the intention for it to be classified as acts of lasciviousness. Lascivious acts are conducts which tend to excite lust or produce voluptuous or lewd emotion ELEMENTS OF THE CRIME The offender commits any act of lasciviousness and was committed by the following means: Using force or intimidation Depriving the offended party of reason or otherwise unconscious When the woman is under 12 years of age. ACTS OF LASCIVIOUSNESS with CONSENT (REQUISITES): The offender must be a man who committed acts of lasciviousness Victim is a woman who is a virgin, or single, or a widow of good reputation, over 12 years and under 18 years of age The offender was able to perform the lascivious acts by abuse of confidence, authority, relationship or deceit. QUALIFIED SEDUCTION The seduction of a 12-18 year old committed by any person in public authority, priest, house-servant, domestic, guardian, teacher or any person shall be entrusted the education or custody of the woman seduced REQUISITES: The virginity of the offended party Age of the offended party must be 12-18 y/o
Carnal knowledge of the offended party Act was done by abuse in authority SEDUCTION Man having unlawful sexual intercourse with a woman; having an affair, sex is consensual (*** Sexual intercourse: both man and woman) Only a man can be charged of seduction, and only a woman can file a case of seduction QUALIFIED INCESTUOUS SEDUCTION Can be father to daughter, but not mother to son Committed on the sister of descendant Victim may need not be a virgin or 18 years of age SIMPLE SEDUCTION Woman not necessarily a virgin, 12-18 years old, single or a widow of good reputation and was committed by deceit Example: Young, gwapo, prof who is interested with his beautiful beautiful student: I will pass you in Legal Med if you will come with me in exchange for some sexytime. Then after the deed, the prof breaks up with you and fails the student. (There is deceit, abuse of trust) Deceit there is cheating, misrepresentation Distinction between Qualified and Simple Seduction: Virginity is an element of qualified, but not of simple Deceit is an element of simple, but not of qualified ABDUCTION FORCIBLE ABDUCTION Taking away of a woman with lewd design LEWD DESIGN Desire to have sex with a woman. The intent to seduce is sufficient sexual intercourse is not necessary to convict the abductor. The woman need not be a virgin, 12-18 years old, as long as there is use of force If successful of having sex: Abduction with rape REQUISITES: Person abducted must be a woman Abduction is against her will There must be lewd designs CONSENTED ABDUCTION Abduction of a virgin 12-18 years old, carried out with her consent and with lewd designs Tanan Filed by the parents of the daughter against the boyfriend ADULTERY Married woman having sex with a man other than her husband, and by the man who has carnal knowledge of her, knowing her to be married. Who can be charged?: married woman and her lover Defense of the lover/paramour: I did not know that she is married! CONCUBINAGE Married man having sexual intercourse with a woman other than his wife (Concubine) Penalty: Of the concubine: Destierro Of the married man: no penalty How is Concubinage committed? Keeping the mistress in the conjugal homes Having scandalous sex Cohabiting with the concubine.
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CORRUPTION OF MINORS A person who habitually or with abuse of authority or confidence promote or facilitate the prostitution or the corruption of persons under age to satisfy the lust of another WHITE SLAVE TRADE Engaging in the business or shall profit by prostitution or enlisting the services of women for the purpose of prostitution.
Sadism: infliction of pain is necessary and sometimes the sole factor in enjoyment. Called necrosadism or lust murder if the victim dies. Masochism: reverse of sadism. Enjoyment is attained when pain or humiliation has been received from the opposite sex FELLATIO or IRRUMATION Female agent receiving a penis of a man into her mouth and by friction with the lips and tongue coupled with the act of sucking initiate orgasm Compatible with a normal individual, and may not be considered as a sexual abnormality CUNNILINGUS Sexual gratification is attained by licking or sucking the external female genitalia Also not considered as a sexual abnormality Accessory form of sexual excitation, except when associated with other forms of abnormalities FROTTAGE Compulsive desire to rub against some part of the body of another, generally the opposite sex Often pretend that rubbing is accidental ( Example: In crowded trains, buses, etc) PARTIALISM Person has a special affinity to a certain part of the female anatomy Sexual intercourse is usually secondary to satisfy his sexual desire TROILISM Three persons participate in the sexual act (aka mnage a trois) Two men and a woman; two women and a man PLURALISM Group of people participate in sexual orgies VOYEURISM Compulsion to peep for the purpose of seeing persons undress or engage in sexual relation MIXOSCOPIA Sexual pleasure is attained by watching a couple in the act of sexual intercourse COPROLALIA The need to use obscene language to obtain sexual excitement By writing on walls of toilets or by exclaiming profane words or obscene expressions Example: ****, ***** ******** ****!!!( wag na lang) UROLAGNIA Sexual excitement is associated with the act of urination. May have the desire to drink the urine of the sexual partner COPROPHILIA Sexual excitement is associated in the act of defecating DON JUANISM Characterized by sexual promiscuity and make seduction of many women as a career Usually, they cannot find their ideal woman in their life. NECROPHILIA Erotic desire or actual sexual intercourse with a corpse (Think about Anatomy gross laboratory) SATYRIASIS and NYMPHOMANIA Excessive desire of intercourse in men and women, respectively ANILINGUS Sexual excitement is associated with licking the anus of another person of either sex
CIVIL LIABILITY OF PERSONS GUILTY OF SOME CRIMES OF CHASTITY

- To indemnify the offended woman - To acknowledge the offspring; unless the law should prevent him from so doing; - In every case to support the offspring
UNNATURAL SEXUAL OFFENSES

- Deviation to the normal course of nature - Uncommonly observed manifestations of sexual perversion - Do not exhibit criminal intent, but manifesting mental aberrations which may be a subject matter for the psychiatrist to treat - Factors responsible for sexual maladjustments: environment, degree of education, degree of morality, habits MASTURBATION or SELF GRATIFICATION: A criminal act if done in public places or within knowledge or view of the public INDECENT EXPOSURE or EXHIBITIONISM willful exposure in public areas of ones genitals in the presence of another person, usually of the opposite sex exhibition of genitals with or without masturbatory acts Harmful in the sense of decency and good moral, hence, it is punishable BUGGERY A form of sexual perversion wherein a person obtains sexual gratification with animals of by means of the anus of human beings - Sodomy through anus of human being - Bestiality gratification is by means of sexual relations with animals :} - Pederastia the passive role is played by a boy PEDOPHILIA Has sexual or erotic love for children Engages sexual contact with child of either sex TRIBADISM or LESBIANISM Woman has sexual intercourse with another woman As a result of curiosity or sex experimentation Some lesbians have antipathy towards men FETISHISM Found in the male only Objects such as female clothing or part of the female body as the sole power to arouse sexual feeling or produce orgasm TRANSVERTISM Perversion among males who find sexual pleasure in wearing female apparel Sometimes found in women who desire to dress in male attire A transvestite has a psychic identification with the opposite sex. (Example: A female transvestite believes she has a penis) As a rule, they are harmless they have no desire to harm anyone, only interested in attracting attention. ALGOLAGNIA Abnormal and distorted activity of sexual impulse towards the opposite sex with pain as the source of sexual stimulus Flagellation is the sexual deviation associated with the act of whipping or being whipped.
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PYGMALIONISM Sexual desire with a statue or statues NARCISSISM Extreme admiration and love of ones self Sexual gratification is attained by looking at the mirror and appreciating his own self :}
c. d.
Combustion collar Smudging
MISCELLANEOUS
DISGUISED WRITING Deliberate attempt on the part of the writer to alter his writing habit by endeavouring to invent a new writing style or imitation the writing of another person. Example: writing an anonymous love letter, death threats to professors Forged signature/writing: done slowly How to know if a handwriting or signature is forged or spurious: take pictures, magnify it 1000x. Original: only one stroke, thick and dark Forged: light BASIC DEFINITIONS IN BALLISTICS INTERNAL BALLISTICS what happens outside the gun EXTERNAL BALLISTICS what happens outside the gun TERMINAL BALLISTICS what happens when the bullet hits an object MEDICAL BALLISTICS what happens when the bullet hits a person only a doctor can testify GUNSHOT WOUND (GSW) Which comes out first? BALA muna How to tell the distance of the shooter from the one who was shot When you see.. Burning or scorching not more than 3 inches (pistol) and 6 inches (rifle) Smoke (soot, smudging, fouling, smoke blackening) not more than 12 inches distance Tattooing (stippling or peppering) not more than 24 inches None more than 24 inches The more concentrating/tattooing of carbon, the nearer the shooting PRODUCTS OF COMBUSTION show the distance of shooting ABRASION/CONTUSION COLLAR appears circular if the shooter is in front of the victim and oblique if otherwise. PARAFFIN TEST Results only presumptive Do in the DORSUM of the hand Must be done within 3 days False (+) smoker, shooting range False (-) shooter wore gloves, used vinegar to remove debris?, excessive handwashing, testing days after shooting PARICIDE killing of spouse, ascendants/descendants (whether legal or illegal)
2. If all the evidences of the product of combustion are present at the point of entry of gunshot wounds, the probable distance could be a. Not more than six inches (6) b. Beyond twenty four inches (24) c. More than 2 meters (2m) d. Less than 3 meters (3m) 3. The farthest distance that tattooing can be visible by the naked eye is a. Six inches (6) b. Twenty four inches (24) c. Thirty four inches (34) d. Forty four inches (44) 4. The best consideration in determining the relative position of the victim in relation to the assailant in a shooting incident is: a. Width of the contusion collar b. Concentration of smudging and tattooing c. Shape of the point of entrance to the exit of the gunshot wound d. Relationship of the entrance to the exit of the gunshot wound 5. The most prominent sign of death is a. Progressive fall of the body temperature b. Cessation of heart action and circulation c. Cessation of respiration d. Insensibility of body and loss of power to move 6. The entire muscular tissue undergo changes after death EXCEPT: a. Postmortem muscular irritability b. Postmortem rigidity c. Secondary flaccidity d. Cadaveric spasm 7. Death due to extensive brain laceration as a result of a vehicular accident is an example of: a. Immediate cause of death b. Proximate cause of death c. Secondary cause of death d. Manner of death 8. Infanticidal death is killing of a child: a. Below 3 days old b. Below 3 weeks old c. Below 3 months old d. Below 3 years old 9. Which would indicate that a gun was fired at a short range? a. Abrasion collar b. Smudging c. Edges of gunshot wound are inverted d. Smaller point of entry in gunshot wounds 10. The application of scientific knowledge or science to elucidate legal problem is a. Medical jurisprudence b. Legal medicine c. Forensic medicine d. Forensic pathology 11. The scope of Legal Medicine includes: a. Anatomy b. Physiology c. Physics d. AOTA e. NOTA 12. Types of medical evidence EXCEPT: a. Autoptic or real evidence b. Testimonial evidence c. Experimental evidence d. Documentary evidence e. Photographic evidence
Greetings to: El Maestro Miko Ramoso MR. Gerald Libranda na ayaw maniwala na may legal med trans My study buddies sa Mini Stop. UERM Red Cross members
SAMPLE EXAM QUESTIONS

I included this part, so that it would be fair for everyone.
1. The products of combustion produced by a firearm that will give a physical finding in the point of entry are the following, EXCEPT: a. Singeing b. Tattooing
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13. The most prominent sign of death is: a. Progressive fall of the body temperature b. Cessation of heart action and circulation c. Cessation of respiration d. Insensibility of body and loss of power to move 14. One example of a smooth bore firearm is a. Armalite b. Smith and Wesson handgun c. Heretta d. Paltik 15. The identification of firearm or ballistics is important in firearm injuries since it helps in the: a. Differentiation between entrance and exit gunshot wounds b. Determination of the relative position of the victim to the assailant c. Determination of the distance fired d. Identification of the weapon used 16. That kind of evidence necessary for conviction which proves the fact in dispute without the aid of any inference of presumption and which correspond to precise or actual point at issue: a. Circumstantial evidence b. Direct evidence c. Preponderance of evidence d. Documentary evidence 17. Reasons for the inadmissibility to the court on the result of Lie Detector Examination are the following EXCEPT: a. Polygraph techniques are still in the experimental stage. b. There is no way to assure that a qualified examiner administered the test. c. The test cannot be relied upon because of many errors. d. A person may unwillingly waive his/her right against selfincrimination. e. The test has gained a degree of development beyond experimental stage. 18. Increases of lactic acid, phosphoric acid, and the reaction become acidic in the muscles after death is found in a. Postmortem rigidity b. Cadaveric rigidity c. AOTA d. NOTA 19. It is found in the most dependent portion of the body involving the superficial layer of the skin, color is dull red purplish, uniform not elevated which appear after death: a. Postmortem lividity b. Postmortem suggilation c. Livor mortis d. AOTA e. NOTA 20. The different test to determine cessation of heart action and circulation are the following: a. Magnus test b. Icards test c. Diaphanous test d. AOTA e. NOTA 21. In a fight, a man received a kick which damaged the right testis and required its surgical removal. The offender may be held liable for: a. Less serious physical injury b. Serious physical injury c. Mutilation d. Frustrated homicide 22. Killing of a father, mother, or child is a. Homicide b. Infanticide c. Parricide d. Murder
23. The following officials of the government are authorized to make death investigations, EXCEPT: a. Provincials of City Fiscals b. Judges of regional trial court c. Director of the Philippine National Police d. Director of the National Bureau of Investigation e. Justices of the Supreme Court 24. In the strict sense of the word FORENSIC MEDICINE means: a. Application of medicine to legal cases b. Application of medical science to elucidate legal problems c. Knowledge of law in relation in the practice of medicine d. NOTA e. AOTA 25. The commonly used method of deception detection are the following EXCEPT: a. Se of polygraph or lie detection machine b. Administration of truth serum c. Hypnotism d. Use of electro-encephalogram machine 26. Things demanded in a medical witness: a. Unbiased in his/her testimony b. Expected his/her field of specialty c. Experienced in his/her field of specialty d. AOTA e. NOTA 27. A physician who specializes or is involved primarily with medicolegal duties is known as: a. Medico-legal officer b. Medical examiner c. Coroner d. AOTA e. Except letter C 28. Distinction between an ordinary physician and a medico-legal officer are the following: a. Ordinary physician sees an injury on the view point of treatment, while a medico-legal officer sees injury on the point of view of cause b. The purpose of an ordinary physician examining a patient is to arrive at a definite diagnosis so that proper treatment can be administered while the purpose of a medico-legal officer is to make a report and testify before a court c. Minor injuries are ignored by an ordinary physician, while a medico-legal officer records all bodily injuries d. AOTA e. Except letter C 29. A physician witness who testifies in court on matters he perceive from his patient in the course of physician/patient relationship is considered as an: a. Expert witness b. Ordinary witness c. Paid witness d. AOTA e. NOTA 30. In actual interrogation and recording in polygraph examination, the following standard test question are pro founded EXCEPT: a. Irrelevant question b. Relevant question c. Control question d. Silent answer test 31. Reasons for the inadmissibility to the court of the result of lie detector examination: a. Polygraph technique are still in the experimental stage b. There is no way to assure that a qualified examiner administered the test c. The test cannot be relied upon because of many errors d. All of the above 32. It is an expressed acknowledgement by the accused in a criminal case of the truth of his guilt as to the crime charged:
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a. b. c. d. e.
Confession Admission Interrogation AOTA NOTA
d.
Any of the above
33. The scope of LEGAL MEDICINE includes: a. Anatomy b. Physiology c. Physics d. AOTA e. NOTA 34. The following are the different types of Physical Evidence EXCEPT: a. Corpus delicti evidence b. Documentary evidence c. Associative evidence d. Tracing evidence 35. Fractured skull recovered ring exhumation is: a. Autoptic evidence b. Documentary evidence c. Circumstantial evidence d. Experimental evidence 36. This is a medical evidence known or address to the senses of the court not limited to the sense of vision, but it is intended to that of hearing, taste, smell, and touch. a. Experimental evidence b. Documentary evidence c. Autoptic or real evidence d. Corpus evidence 37. To find out the truth is an essential requirement for the administration of justice. Which of the following is the commonly used method of deception detection? a. Lie detection method b. Use of drugs c. Hypnotism d. Confession 38. Presidential Decree No. 169 mandates all physicians to report all cases involving: a. Slight and less serious physical injuries b. Less serious and serious physical injuries c. Mutilation d. Child abuse 39. The medical witness who refuses to answer questions propounded to him may be cited for: a. Dishonorable conduct b. Perjury c. Indirect contempt d. Direct contempt 40. As a witness in court, a physician may refuse to answer a question propounded to him if his answer: a. Will not be relevant to the case at issue b. Will be self-incriminatory c. Will antagonize the judge d. Will blacken the reputation of a friend 41. The odds in two persons having the same set of fingerprints is: a. 1 to 64,000 b. 1 to 64 million c. 1 to 64 billion d. 1 to 64 trillion 42. A lacerated wound is caused by: a. Sharp object b. Blunt object c. Sharp pointed object d. Any of the above 43. An incised wound is caused by: a. Sharp edged instrument b. Sharp pointed object c. Blunt object
44. Contusion is also known as: a. Hematoma b. Sprain c. Bruise d. NOTA 45. Abrasions are caused by: a. Blunt object b. Sharp edged object c. Friction d. Blunt object 46. Which statement is NOT valid? a. Cadaveric spasms may or may not appear after death b. Rigor mortis involves all muscles of the body c. Rigor mortis develops early in cold weather d. Rigor mortis sally appears 3 6 hours after death 47. A person lost one eye after being physically assaulted. The offender is liable for: a. Mutilation b. Slight physical injury c. Less serious physical injury d. Serious physical injury 48. The product of combustion produced by a firearm that will produce a physical finding in the point of entry of gunshot wounds, the following EXCEPT: a. Singeing b. Tattooing c. Contusion collar d. Smudging
AS REQUESTED by *****.
Bonus!!
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Legal and Forensic Medicine Notes PDF

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LEGAL AND FORENSIC MEDICINE NOTES

BASIC PRINCIPLES OF GOVERNING APPLICATIONS AND EFFECTS OF LAWS

1941 1945 1946 1972 1973 constitution 1978

TYPES OF CRIMINAL OFFENDERS

From: jumping jorap

THE MEDICAL CERTIFICATE

Example: Ax, samurai, etc

PHYSICAL INJURIES and EXAMINATION OF WOUNDS

DESCRIBED ACCORDING TO:

Nature Shape Measurement Anatomical location

CLOSED no breakage of the skin (Example: sprain)

PROBABLE QUESTIONS THAT WILL BE ASKED IN COURT

-- describe it as it is Electrical Burns - Hair dryer Contact Burns

PHYSICAL INJURIES: CONCLUSION

CIVIL LIABILITY OF PERSONS GUILTY OF SOME CRIMES OF CHASTITY

UNNATURAL SEXUAL OFFENSES

Combustion collar Smudging

SAMPLE EXAM QUESTIONS

Confession Admission Interrogation AOTA NOTA

Any of the above

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