Medico Legal Aspects of Identification

Medico legal aspects of identification
Identification- is the determination of the individuality of a person or thing.
Importance of identification of person:
1. In the prosecution of the criminal offense, the identity of the offender and that of the victim must be
established, otherwise it will be a ground for the dismissal of the charge acquittal of the accused.
2. The identification of a person missing or presumed dead will facilitate settlement of the estate, retirement,
insurance and other social benefits. It vests on the heirs or the right over the properties of the identified
person.
If identity cannot be established , then the law on presumption of death (art 390, civil code) must be applied
which requires the lapse of seven years before a person can be presumed dead. In special instances , the seven
years period may be reduced to four years (art 391, civil code)
3. Identification resolves the anxiety of the next- of kin, other relatives and friends as to the whereabouts of a
missing person for victim of calamity or criminal act.
4. Identification may be needed in some transaction like cashing of check, entering a premise, delivery of parcels or
registered ,mail in post office , sale of property, release of dead bodies to relatives, parties to a contract, etc.
Rules in personal identification:
1. The greater the number of points of similarities and dissimilarities of two persons compared, the greater is the
probability for the conclusion to be correct. This is known as the LAW OF MULTIPLICITY OF EVIDENCE IN
DENTIFICATION.
2. The value of the different points of identification varies in the formulation of conclusion. In a fresh cadaver, if
the fingerprints on file are the same as those recovered from the crime scene, they will positively establish the
identity of the person while bodily marks, like moles, scars, complexion, shape of nose, etc. are merely
corroborative. Visual recognition by relative or friends may be of lesser value as compared with fingerprints or
dental comparison.
3. The longer the interval between the death and the examination of the remains for purposes of identification ,
the greater is the needs for experts in establishing identity. The process of taking fingerprints and its
examination under a magnifying lens requires the services of a n expert. When putrefaction has set in, the
external bodily marks useful in identification might be destroyed so that it is necessary to resort to an
anatomical or a structural , examination of the body which requires knowledge of medicine and dentistry.
4. In as much as the object to be identified is highly perishable, it is necessary for the team to act in the
procedure of identification of persons.
5. There is no rigid rule to be observed in the procedure of identification of persons.
Methods of identification
1. By comparison- identification criteria recovered during investigation are compared with records available in the
hefile, or post-mortem finding are compared with the ante-mortem records.
Examples:
a. Latent fingerprints recovered from the crime scene are compared with the fingerprints on file of an
investigating agency.
b. Dental findings on the skeletal remains are compared with the dental record of the person in possession of
the dentist.
2. By exclusion- if two or more persons have to be identified and all but one is not yet identified, then the one
whose identity has not been established may be known by the process of elimination.
The bases of human identification may be classified as:
1. Those which laymen used to prove identity-no special training or skill is required of the identifier and no
instrument or procedure is demanded.
2. Those which are based on scientific knowledge- identification is made by trained men, well-seasoned by
experience and observation, and primarily based on comparison or exclusion.
Ordinary methods of identification
Points of identification applicable to the living person only:
1. Characteristics which may easily be changed:

a) Growth of hair, beard or mustache- this may be shaved or growth within a short time. Arrangement may be
changed. Artificial hair may be worn or ornamentation may be placed to changed its natural condition.
b) Clothing- a person may have special preference for certain form, texture, or style. Certain groups of people are
required to have specific cut, color or design, as in uniforms, worn by students, employees of commercial or
industrial establishment or groups of professionals.
c) Frequent place of visit- a person may have a special desire or habit to be in a place if ever he has the
opportunity to do so. “sari-sari” stores , barber shops, coffee shops, beer gardens and recreation halls are
common venues of visit of certain class of people. A wanted criminal may suddenly prevent himself from going
to the place he used to visit for fear that he may be apprehended.
d) Grade of profession- a medical student of the upper clinical student nurse by her cap, a mechanic by his tools , a
clergyman by his robe , etc. a change of grade, trade, vocation or profession may be resorted to as a means of
concealing identity.
e) Body ornamentations- earrings, necklaces, rings, pins etc. usually worn by persons maybe points to identify a
person from the rest.
2. Characteristics that may not easily changed:
a. Mental memory- a recollection of time, place, and events may be a clue in identification. Remembering
names, faces and subjects of common interest may be initiated during interview see how knowledgeable a
person is.
b. Speech- a person may stammer, stutter or lisp. However, if the manner of talking is due to some physical
defects, like harelip and cleft palate, that have been corrected by surgery, there may be a change in a
manner of speech.
The manner oftalking and the quality of the voice are dependent on the vocal cavities (throat, mouth, nose,
and sinuses) and his manner of manipulating the lips, teeth, tongue, soft palate and jaw muscles. The
chances of two or more persons having the same size of vocal cavities and the same manner of articulation
are remote and unlikely. Whispering, muffling and nose-holding do not change the speech characteristic.
The speech may be recorded and preserved in a good tape recorder. A known standard may also be
recorded for purposes of comparison. Identification can be achieved through the sound spectrographic
analysis.
c. Gait- a person, on account of disease

Medico Legal Aspects of Identification

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Medico legal aspects of identification

Identification- is the determination of the individuality of a person or thing.

Importance of identification of person:

Rules in personal identification:

Ordinary methods of identification

Points of identification applicable to the living person only:

1. Characteristics which may easily be changed:

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