Importance/value of Legal Medicine in
Importance/value of Legal Medicine in
Importance/value of Legal Medicine in
a.) Criminal Cases: Legal medicine is concerned with determining cause of death (such as bullet
wound to head, exsanguination, strangulation, etc.) and manner of death (including murder,
accident, natural, or suicide). Examination of some wounds and injuries due to crime or negligence
Examination of tissue specimens that may be relevant to rape, or other crimes. Forensic
pathologists work closely with the coroner (England and Wales) or medical examiner (United
States). The examination of dead bodies (autopsy or post mortem) is a subset of anatomical
pathology. Often times, a coroner or medical examiner has a background in pathology.
b.) Civil Cases: Legal Medicine is often used in civil cases. The cause of death or injury is considered
in settling insurance claims or medical malpractice suits, and blood tests often contribute to a
courts decision in cases attempting to determine the paternity of a child.
c.) Administrative Cases: In cases filed before administrative or quasi judicial bodies, a fact maybe
deemed established if it supported by substantial evidence which means that amount of relevant
evidence which a reasonable mind might accept as adequate to justify a conclusion.
a.) Criminal Investigation: DNA profiling and matching of physical data, such as fingerprints, are
used in solving all crime types ranging from housebreaking and car crime to assaults, murder and
rape. The forensic scientists will look for suitable samples at a crime scene, examining such items
as weapons, clothing, hair or anything else from which they can obtain body cells for DNA
profiling, or fingerprints or "marks" for use in fingerprint matching.
This is achieved by obtaining DNA profiles from both the mother and father or by relating
personal effects to a body. DNA profiling is used in such cases after all other means of identifying
a body have been carried out.
The details of a person's fingerprints are distinctive to them and only them. Even identical twins do
not have identical fingerprints. A fingerprint can be left on many types of surfaces - a glass, a door,
or a murder weapon for example. It can be made visible by brushing it with a powder or treating it
with chemicals in a lab. Similarly, if the fingers are coated with ink or another substance such as
paint, oil or blood, than a permanent impression may be left on a particular item.
Unknown fingerprints, or "marks" from a crime scene are compared by a fingerprint expert against
known prints. The fingerprint expert will weigh up all of the information available and determine
whether there is unique agreement between an unknown print and a known one which would
confirm identity beyond all reasonable doubt.
The most crucial aspect of the fingerprint identification process is the verification element. This is
an independent and complete analysis, comparison and evaluation of both prints which is carried
out by a minimum of two fingerprint experts. The verification process is the key to the reliability
of fingerprint evidence. Consistent results from different experts ensure the reliability of
fingerprint evidence.
b.) Establishing paternity/ filiation: Among the forensic sciences, the most recently introduced and
among the most powerful means of identification is DNA technology. By taking advantage of
ones genetic code, it has become easier to link suspects to a crime based on biological samples
found in crime scenes. By taking advantage of the hereditary nature of DNA, it has also become
simpler to resolve issues of filial obligation, particularly in matters pertaining to child support or
claims of inheritance. However, in order to successfully implement this technology at the local
level, support from government and full cooperation of the community must be obtained.
c.) Establishing identity in emergency cases: DNA testing has important role inmissing person
investigation and mass-casualty incident (MCI) victim identification.
A Physician on account of his training and experience can give his opinion on 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.
Sec. 43, Rule 130, Rules of Court Expert Evidence The opinion of a witness regarding a
question of science, art ortrade, when he is skilled therein, may be received in evidence. The probative
value of the expert medical testimony depends upon the degree of learning and experience on the line
of whatthe medical expert is testifying, the basis and logic of his conclusion, and other evidences
tending to show the veracity or falsity of his testimony. 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. The issue as to how long a person can survive, after the administration of lethal dose
of poison can be shown by the administration of the said poison to experimental animals within the
view of the court. Documentary Evidence: A document is an instrument on which is recorded by
means of letters, figures, or marks intended to be used for the purpose of recording that matter which
may be evidentially used. The term 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(Black's Law Dictionary, 4th ed.).
a. Medical Certification or Report on: (1) Medical examination. (2) Physical examination. (3)
Necropsy (autopsy). (4) Laboratory. (5) Exhumation. (6) Birth. (7) Death.
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.
The identification, collection, preservation and mode of presentation of physical evidence is known in
modern parlance as criminalistics. Criminalistics is the application of sciences such as physics,
chemistry, medicine and other biological sciences in crime detection and investigation. On the
investigator's viewpoint, the following are the different types of physical evidences:
a. Corpus Delicti Evidence Objects or substances which may be a part of the body of the crime.
The body of the victim of murder, prohibited drugs recovered from a person, dagger withblood
stains or fingerprints of the suspect, stolen motor vehicle identified by plate number and by body
or engine serial numbers are examples of corpus delicti evidence.
b. Associative Evidence These are physical evidences which link a suspect to the crime. The
offender may leave clues at the scene such as weapon, tools, garments, fingerprints or foot
impression.Broken headlights glass found at the crime scene in "hit andrun" homicide may be
associated with the car found in therepair shop. Wearing apparel of the offender and other
articlesof value may be recovered where the crime of rape was committed.
c. Tracing Evidence These are physical evidences which may assistthe investigator in locating the
suspect. Aircraft or ship manifest,physician's clinical record showing medical treatment of
suspectfor injuries sustained in an encounter; blood stains recoveredfrom the area traversed by the
wounded suspect infer directionof the movement are examples of tracing evidence.
5. Weight and admissibility of polygraph examinations in lie detection case and why is
polygraph test conclusive in ones veracity?
Polygraph testing has generated considerable scientific and public controversy. Most psychologists
and other scientists agree that there is little basis for the validity of polygraph tests. Courts, including
the United States Supreme Court (cf. U.S. v. Scheffer, 1998 in which Dr.'s Saxe's research on
polygraph fallibility was cited), have repeatedly rejected the use of polygraph evidence because of its
inherent unreliability. Nevertheless, polygraph testing continues to be used in non-judicial settings,
often to screen personnel, but sometimes to try to assess the veracity of suspects and witnesses, and to
monitor criminal offenders on probation. Polygraph tests are also sometimes used by individuals
seeking to convince others of their innocence and, in a narrow range of circumstances, by private
agencies and corporations.
6. Being a future forensic expert how do you go about in preserving and collecting pieces of
evidence in the crime scene? Discuss the steps and process.
Kinds of Sketch:
a. Rough Sketch This is made at the crime scene or duringexamination of living or dead
body. On the latter, an anatomicfigure of the front, back and side part of the body must
bemade and the bodily lesions indicated.
3. Description This is putting into words the person or thing to bepreserved. Describing a thing
requires keen observation and agood power of attention, perception, intelligence and
experience.It must cause a vivid impression on the mind of the reader, a truepicture of the thing
described.
The following are the minimum standard requirements whichmust be satisfied in the
description of the person or thing to makeit complete:
a. Skin Lesion kind, measurement, other descriptive information of the lesion itself,
location, orientation.
b. Penetrating Wound (Punctured, Stab or Gunshot) kind,shape, other information from
the wound itself, location,orientation, direction, other structures involved,
complicationsand foreign elements that may be present.
c. Hymenal laceration location, degree, duration, complication.
d. Person those requirement in portrait parle (see p. 53 supra).
4. Manikin Method In a miniature model of a scene or of a humanbody indicating marks of
the various aspects of the things to bepreserved. An anatomical model or statuette may be used
andinjuries are indicated with their appropriate legends. Although itmay not indicate the full
detail of the lesion, it is quite impressive
to the viewer as to the nature and severity of the trauma.
5. Preservation in the Mind of the Witness A person who perceivedsomething relevant for
proper adjudication of a case may be awitness in court if he has the power to transmit to others
what heperceived. He would just have to make a recital of his collection.
7. Significance of the point of entry and point of exit in gunshot wounds. Explain the features
of gunshots and how this will aid in making conclusions for medico-legal investigations?
In some instances the entrance and exit wounds can be clean and the bullet can simply pass through the
body without doing anything other than superficial damage. However given certain factors such as the
proximity of the assailant, the calibre of the weapon, and the nature of rounds being fired from the
weapon, these can have an effect on the overall wounding pattern.
For example if an assailant was to shoot an individual at close range by putting the barrel of the weapon
to their chest, shoulder or back then there would be a definite pattern around the entrance wound.
Entrance Wounds: The entrance wound is normally smaller and quite symmetrical in comparison to the
exit wound, which can sometimes be ragged with skin, tissue, and muscle and bone damage. Entrance
wounds are often ringed with the residue of gunpowder and cordite - the two substances contained within
a bullet.
A close range gunshot - if the weapon is touching the victim's body - will normally have what is known as
an 'abrasion ring' and also a clear imprint of the weapon's barrel. This can go some way to identifying the
weapon the round was fired from, which is useful as in most cases the victim will not have any
predisposition to the nature of firearms and identifying it will prove difficult if they survive the gunshot
wound.
Exit wounds - as we have already mentioned - are usually larger than the entrance wound and this is
because as the round moves through the body of the victim it slows down and explodes within the tissue
and surrounding muscle. This slowing down of the projectile means that as it reaches the end of its
trajectory it has to force harder to push through. This equates to the exit wound normally looking larger
and considerably more destructive than its pre-cursor - the entrance wound.
Exit wounds will often bleed profusely as they are larger but entrance wounds can sometimes look only
like small holes - unless the weapon is fired at close proximity to the victim.
Analysis of Evidence
As with all instances of a firearms offence that results in an injury, measurements are taken along with
photographs to aid in the identification of the weapon used. Powder residue samples are taken and where
possible - if the victim dies as a result of their gunshot wound - the round is removed for ballistic analysis
from the corpse at the autopsy stage.
In addition forensic scientists - and Scenes of Crime Officers (SOCO) - will scour the crime scene
looking not only for the weapon involved as they are sometimes disposed of but also for spent shell
casings and/or loose rounds that were fired but did not hit their intended targets and imbedded themselves
in nearby walls, doors or the ground.
A ballistics examination of a round once removed from the deceased can provide vital clues as to the
make and model of a weapon and also as to whether or not it has been used in any other gun crime prior
to the one being investigated.
A detailed ballistics examination can build up a history of a weapon and the crimes it has been used for as
many weapons have passed from one individual to another during their life cycle.
8. Nature of accidental, suicidal and homicidal wound? How do you present medico-legal
evidence in support of the prosecutions theory?
The study of wounds is mainly directed towards relating the tissue and organ changes to the mechanisms
of injury and the time of their occurrence. In itself it is a fascinating aspect of biology but this study is
also the key to the assessment of the mode of death. The position, form and grouping of wounds is often
of great value in determining whether they were inflicted accidentally, suicidal or as the result of
homicide.
The physical evidences recovered during medico-legal investigation must be preserved to maintain their
value when presented asexhibits in court. Most medical evidences are easily destroyed orphysically or
chemically altered unless appropriate preservationprocedure is applied. This problem is further
compounded by thelong space of time the evidence was recovered and its presentation incourt. From its
recovery and from becoming a part of the investigation report, a preliminary investigation will be made
by the prosecuting fiscal to prove that there is a prima facie evidence to warrant filing of the case in court.
While in court, the case further suffers delays because of postponement of the hearings, preferentialtrials
of other cases, raising of prejudicial issues to higher courts, etc.
Preservation of evidence is indeed vital in medico-legal investigation.The following rules must always be
observed by the physician in the examination of wounds:
1. All injuries must be described, however small for it may be important later.
2. The description of the wounds must be comprehensive, and ifpossible a sketch or photograph must be
taken.
3. The examination must not be influenced by any other informationobtained from others in making a
report or a conclusion.
The following must be included in the examinations of thewound. The report made in connection
with such examinationmust also include in detail the following items:
g. Number of Wounds:
Several wounds found in different parts of the body aregenerally indicative of murder or
homicide.
1. Hemorrhage:
As a general rule, hemorrhage is more profuse when the woundwas inflicted during the
lifetime of the victim. In wounds inflicted after death, the amount of bleeding is comparatively
less ifat all bleeding occurred. This is due to the loss of tone of the
blood vessels, the absence of heart action and the post-mortemclotting of blood inside the
blood vessels.Violence inflicted on a living body may not show the formation
of a bruise until after death.
2. Signs of Inflammation:
There may be swelling of the area surrounding the wound,effusion of lymph or pus and
adhesion of the edges. Other vitalreactions are present whenever the wound was inflicted
duringlife, although it may be less pronounced when the resistance the victim is markedly
weakened. The vital reaction may alsoindicate the time of infliction of the wound. Post-
mortem woundsdo not show any manifesting signs of vital reaction.
3. Signs of Repair:
Fibrin formation, growth or epithelium, scab or scar formationconclusively show that the
wound was inflicted during life. Butthe absence of signs of repair does not show that injury
wasinflicted after death. The tissue may not have been given ampletime to repair itself before
death took place.
9. In sex crimes particularly rape, how do you go about presenting medical evidence in
support of your theory?
A short history of the alleged rape must be taken and it isadvisable to reduce it in writing.
The history must include all thecircumstances leading to the abuse, the age of the victim at
thetime of the alleged commission of the offense and also the menstrual history. It may be
used as a guide to the examining physicianas to the different points that must be emphasized
in the courseof the examination. Aside from the history, the following pointsmust also be
recorded by the physician.
The place where the alleged offense was committed is necessary to determine which
court can acquire jurisdiction over thecase.
d. The physician must observe the gait, the facial expression andthe bodily and mental
attitude of the subject.
If the victim suffered from genital injuries she may walk with legs apart and slowly,
with the face manifesting signs that she is sufferingfrom pain.
The examiner must observe the mental state of the victim.She may be in the state of
mental shock, under the influence ofdepressant drugs, alcohol or sex stimulants. The
offender mighthave taken advantage of her insanity or mental deficiency.
The victim may appear exhausted, despondent on account of the public humiliation
she will suffer, or may behostile to the investigator. Care and more psychologic
approachis necessary in order to get her full cooperation and consent.
a. A history of the incident must be taken from the companionof the victim. Try to see
whether they are consistent with thenarration of facts by the victim.
b. If the companion helped the victim when force was applied bythe offender, the
companion must be subjected to a physicaland medical examination for physical
injuries.
c. Examination of the clothings may be necessary for signs of
struggle.
e. The mental condition, physical power, age and emotionalstate must be taken into
consideration to determine the capacity to resist unlawful aggression from the
offender.
Examination of spermatozoa
The semen is the viscid, aluminous fluid with faint grayish yellow color, having the
characteristic fishy odor, and containingspermatozoa, epithelial cells, lecithin bodies and
other substances.Spermatozoon is a living organism, normally present in the seminalfluid
consisting of a head, neck and tail. It is from 50 to 55 microns
in length. The head is ovoid and flattened when viewed in front andpear shape when
viewed on the profile. The head is about 5 micronsin length while the neck is very short.
The tail is the longest part ofthe spermatozoon and consists of a long slender filament
with taperingend. The ciliary movement of the tail is responsible for the
forwardmovement of the spermatozoon.
There are 2.5 to 5.0 cubic centimeters of semen per ejaculation.The semen contains 60
million spermatozoa per cubic centimeter,80% of which are motile after 45 minutes.
After 3 hours not morethan 20% become abnormal in forms.
To determine if the grounds used for annulment, declaration of nullity of marriage and legal
separation was examined thoroughly through legal medicine. In medico legal aspect, physicians
either determine age, or perform certain exams as to the admissibility of the grounds mentioned in
annulment or legal separation as far as legal medicine is concerned.