Specialized Crime Investigation: With Legal Medicine
Specialized Crime Investigation: With Legal Medicine
INVESTIGATION
WITH LEGAL MEDICINE
COURSE DESCRIPTION: This course covers the special study of modern technique in the investigation
of crimes involving crimes against persons, and other related offenses. This course also introduces the
application of medical science in crime investigation with emphasis on the medico-legal aspects of
Course Learning Outcome: At the end of this course, the student must be able to
Special Crime Investigation deals with the study of major crimes based on the application of
special investigative technique.
The study concentrates more on physical evidence, its collection, handling, identification and
preservation in coordination with the crime laboratory. Special Crime Investigation involves a close
relationship between the prober in the field and the crime laboratory technician. They work together
as a team, reacting to and extending one another’s theories and findings both working patiently and
thoroughly to solve a crime from their investigative discoveries.
The present criminal justice system in our country, the court relies more on physical evidence
rather than extra-judicial confession.
LESSON ONE:
I. WHAT IS CRIME?
Generally, Crime is defined as an act or the commission of an act that is forbidden or the
omission of a duty that is commanded by a public law and that makes the offender liable to
punishment by that law. According to Gabao, Crime is a violation of societal rules of behavior as
interpreted and expressed by a criminal legal code created by the people holding social and political
power. He then further stated that those individuals who violate such rules are subject to
sanctions by the state authority;
social stigma, and
lose of status
Crime which is otherwise known as FELONY is was legally defined based on Art. 3 of the Revised
Penal Code as those acts or omissions that are punishable by law. It can be committed by means of
DECEIT (dolo)
FAULT (culpa)
Crime are also classified into
INFORMED ACTIONS
When the perpetrator has a deliberate intent to perform the act.
PASSIVE ACTIONS
When the perpetrator do not have a deliberate intent to perform the act.
Basically, there are three types of Crime, namely crimes against person, crimes against
property and crime against society.
CRIMES AGAINST PERSON are those crime that are directed to an individual person’s body,
honor and life.
CRIMES AGAINST PROPERTY are crime that are directed to a person’s belongings,
intellectual properties and money.
CRIMES AGAINST SOCIETY are directed to the community’s moral code and values.
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II. MALA IN SE vs. MALA PROHIBITA
Act. No 3815 or the REVISED OENAL CODE OF THE PHILIPPINES is considered as one of the
Philippine most enduring pieces if the legislation. It is the basic law that defined criminal offenses
and provides penalties for the commission of those offenses. The crimes which are penalized under
this Act are generally considered as “MALA IN SE”; crimes that are considered wrong in and
themselves.
MALA IN SE, literally means “WRONG IN ITSELF”. The distinguishing factor of crimes mala in se is
not their severity, but that the public feels they are morally wrong in and of themselves, and require
no outside reasons to prove or justify their wrongness.
While, crimes that are called “MALA PROHIBITA” is a term applied to any action criminalized
strictly by the state and the statutory law. Example of these are those acts in violation of SPECIAL
PENAL LAWs- legislative provisions on how to deal with special crime that is not covered by the
Revised Penal Code.
The phrase, “MALA PROHIBITA” translates as WRONG BECAUSE IT IS PROHIBITED. They are acts
criminalized by the state in an effort to regulate the general behaviors of the society, the moral trait
of the offender is not considered, it is enough that he/she committed the prohibited act voluntarily
IV. EVIDENCE
Evidence is the means, sanctioned by these rules, of ascertaining in a judicial proceeding
the truth respecting a matter of fact.
According to Locard’s Exchange Principles. Evidence, both physical and biological, is to be
found at the scene of a crime because the perpetrator always leaves something behind by having
contact with victims and objects there.
Physical evidence refers to any item that comes from a nonliving origin,
Biological evidence always originates from a living being.
Similarly, he or she will often take something away with them, which can be found on a search
of their person, their garment, a vehicle, or their premises. Such evidence is often found in minute
quantities and known as trace evidence. Impression marks are another important kind of physical
evidence. When an item like a shoe or a tire comes into contact with a soft surface, it leaves behind
a pattern showing some or all of its surface characteristics, known as an impression.
Physical evidence often provides invaluable information to the investigator. However, this
information cannot be used if the investigator does not understand and recognized the strict rules
for collecting, preserving and presenting this evidence once it is discovered. He must develop a keen
sense of detail when concerning potential items of evidence and familiarity with forensic science is
very essential to becoming a good investigator.
The time and effort put into collecting evidence will be more if a serious crime, like murder or
rape, is involved compared to a so-called volume crime such as burglary or car theft.