Module 2 Cdi 222 PDF

GAPAN CITY COLLEGE
City Hall Compound, Bayanihan, Gapan City,

Nueva Ecija, Philippines 3105
Department of Criminal Justice
Education
MODULE 2 IN
SPECIALIZED CRIME INVESTIGATION 1 WITH LEGAL MEDICINE
Learning Objectives:
At the end of the chapter, the student will be able to:

1. Learn to identify and categorize various types of medical evidences.
2. Develop the ability to identify different types of physical evidence at crime scene.
3. Develop an understanding of the kinds of evidence crucial for securing convictions in legal proceedings.
4. Understand how forensic medicine encompasses various disciplines, including pathology, toxicology,
and anthropology, contributing to investigations involving legal and medical elements.
Medical Evidence
It is 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.
Types of Medical Evidence
1.Autoptic or Real Evidence

-An evidence made known or addressed to the senses of the court.
Limitations to the presentation of Autoptic Evidence:

a. Indecency and Impropriety
b. Repulsive Objects and those Offensive to Sensibilities
2. Testimonial Evidence
-A physician may be commanded to appear before a court to give his testimony.
a. Ordinary Witness A physician who testifies in court on matters he perceived from his patient in the course
of physician- patient relationship is considered as an ordinary witness.
b. Expert Witness A physician on account of his training and experience can give his opinion on a set of
medical facts. He can deduce or infer something, determine the cause of death, or render opinion pertinent to
the issue and medical in nature.
3. 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.
4. 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.
DIFFERENT TYPES OF PHYSICAL EVIDENCE
1. Corpus Delicti- is the body of the crime or fact of specific loss or injury sustained. It constitutes the essential
parts or elements in the commission of the crime.
2. Associative Evidence- These are physical evidences which link a suspect to the crime
3. Tracing Evidence- These are physical evidences which may assist the investigator in locating the suspect.
METHODS OF PRESERVING EVIDENCES
1.Photography- most practical, useful and reliable means of preservation. The object preserved is reduced in
size in the picture proportionately with other objects adjacent or near it.
2. Sketching- If no scientific apparatus to preserve evidence is available then a rough drawing of the scene or
object to be preserve is done. It must be simple, identifying significant items and with exact measurement.
KINDS OF SKETCH:
a. ROUGH SKETCH- this is made from the crime scene or during the examination of living or dead
body.
b. FINISHED SKETCH- a sketch prepared from a rough sketch for court presentation
3. Description- This is putting into words the person or thi
4. Manikin Method- In a miniature model of a scene or of a human body indicating marks of the various
aspects of the things to be preserved.
5. Preservation in the mind of the witness- A person who perceived 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. He
would just have to make a recital of his collection.
6. Special Methods
a. Whole Human body- embalming
b. Soft tissues(skin, muscles, visceral organs)- 10% formalin solution
c. Blood- refrigeration, sealed bottle container, addition of chemical preservatives.
d. Stains (blood, semen) - drying placing in sealed container.
e. Poison- sealed container
KINDS OF EVIDENCE NECESSARY FOR CONVICTION
1.Direct Evidence That which proves the fact in dispute without the aid of any inference or presumption. The
evidence presented corresponds to the precise or actual point at issue.
2.Circumstantial Evidence The proof of fact/s from which, taken either singly or collectively, the existence of
a particular fact in dispute may be inferred as a necessary or probable consequence.
When is circumstantial evidence sufficient to produce conviction?

a. When there is more than one circumstance
b. When the facts from which the inferences are derived are proven; and
c. When the combination of all circumstances is such as to produced a conviction beyond reasonable
doubt.
WEIGHT AND SUFFICIENCY OF EVIDENCE
CIVIL CASES- preponderance of evidence

-Preponderance of evidence means the greater weight of evidence that will outweigh the evidence of the other
party.
-it means that the evidence adduced as a whole by one side is superior to that of the other.
CRIMINAL CASES- proof beyond reasonable doubt

-the defendant is entitled to an acquittal unless his guilt is shown beyond reasonable doubt.
FORENSIC MEDICINE
PURPOSE: Bring forth the power of medical knowledge to identify crimes, victims, perpetrators, and settle
disputes, when and where personal identity, time of death or injury, and the identification and duration of
morbidity become an important matter.
Scope of Forensic Medicine
• Anatomic Pathology- involves the examination of biopsy samples taken by surgeons to determine
whether or not a growth is cancerous to examining the bodies of victims which could be used in the
investigation and prosecution.
• Clinical Pathology – is the study and diagnosis of diseases by analyzing body fluids such as
blood and urine.
• Forensic anthropology – is the application of the study of human skeleton (osteology) in cases where
the human remains are in the advanced stages of decomposition.
• Molecular biology - is the identification of the type of tissue and the age of a sample found at the crime
scene using genetic information.
• Forensic psychiatry –it involves the assessment and treatment of mentally abnormal offenders, as well
as the legal aspects psychiatric practice, civil law and issues of criminal responsibility.
REFERENCES:
Legal Medicine; Pedro P. Solis, 1987
https://www.academia.edu/40176986/SPECIAL_CRIME_INVESTIGATION_NOTES
PREPARED BY:
Billy Andrei M. Santiago, RCrim
INSTRUCTOR

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GAPAN CITY COLLEGE

City Hall Compound, Bayanihan, Gapan City,

At the end of the chapter, the student will be able to:

Types of Medical Evidence

1.Autoptic or Real Evidence

Limitations to the presentation of Autoptic Evidence:

DIFFERENT TYPES OF PHYSICAL EVIDENCE

METHODS OF PRESERVING EVIDENCES

3. Description- This is putting into words the person or thi

KINDS OF EVIDENCE NECESSARY FOR CONVICTION

When is circumstantial evidence sufficient to produce conviction?

WEIGHT AND SUFFICIENCY OF EVIDENCE

CIVIL CASES- preponderance of evidence

CRIMINAL CASES- proof beyond reasonable doubt

Scope of Forensic Medicine

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