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SPECIAL CRIME INVESTIGATION 1 WITH LEGAL Forensic meteorology is a site specific analysis of past

MEDICINE weather conditions for a point of loss

SPECIAL CRIME INVESTIGATION Forensic geology deals with trace evidence in the form
of soils, minerals and petroleums
Special Crime Investigation deals with the study of major
crimes based on the application of special investigative Forensic odontology is the study of the uniqueness of
technique. dentition better known as the study of teeth.

The study concentrates more on physical Forensic photography is the art of producing an
evidence, its collection, handling, identification and accurate photographic reproduction of a crime scene for
preservation in coordination with the crime the benefit of a court.
laboratory. Special Crime Investigation involves a close
relationship between the prober in the field and the crime Forensic toxicology is the study of the effect of drugs
laboratory technician. and poisons on/in the human body.

They work together as a team, reacting to and extending Forensic firearms examination is the science dealing
one another’s theories and findings both working patiently with the investigation of use of firearms and ammunition
and thoroughly to solve a crime from their investigative Medical jurisprudence
discoveries.
The knowledge of law for medical application.
The present criminal justice system in our country,
the court relies more on physical evidence rather than Juris- a Greek word which means law.
extra-judicial confession.
Prudentia - a Greek word which means knowledge.
• The emphasis is on physical evidence rather
For instance, a physician while prescribing medicines for
than an extra-judicial confession.
his patients is guided by certain rules and regulations.
• Special crime investigation focuses on specific
crimes which by their nature are difficult and If he is negligent towards his patients, he may have to face
complex to investigate the law.
PHASES OF CRIMINAL INVESTIGATION All the rules and regulations which guide a physician
during his practice come under medical jurisprudence
Criminal investigation is a planned and organized
determination of the material facts concerning a specific Roots of legal medicine
crime. It has three—fold aims to accomplish:
Imhotep – the chief physician of the Egypt on King
1. To identify the victim and perpetrator Zoser’s regime and builder of the first pyramid.
2. To arrest the perpetrator; and Antistius – The first police surgeon and perform an
autopsy on the body of Julius Cesare.
3. To provide the evidence of his guilt
Paulus Zacchias – the father of Forensic Medicine.

Timelines
DEFINITION OF TERMS
3000 B.C.
Legal medicine
Chinese published information about poisons, including
branch of medicine that is applied to law and justice
arsenic and opium.
whether to elucidate legal problems or not.
Greeks had a knowledge of poisons and laws against
abortions, but autopsies were not performed for a dead
Forensic medicine boy was believed to be sacred.

branch of medicine that applies the medical 2200 B.C.


science to legal cases.
The Code of Hammurabi, includes legislation pertaining
a science which concerns with the medical aspects of to the practice of medicine.
problems that confronts the court.
17thcenturyB.C
Forensics In Egypt, the acts of the medical man were circumscribed
by law. They were able to differentiate the stab wounds.
• comes from the Latin word “forensis” meaning
forum. They had a thorough knowledge of poisons.
• During the time of the Romans, a criminal charge 600 B.C
meant presenting the case before a group of
public individuals In Rome, a law was passed requiring that a woman who
died in confinement should be immediately ‘’opened’’ to
Other forms of Forensics sciences save the child.
Forensic entomology deals with the examination of Galen was the famous doctor.
insects in, on, and around human remains to assist in
determination of time or location of death. It is also 460 B.C.
possible to determine if the body was moved after death.
The legal code in ancient Greece was very elaborate.
This was the time of great advances in medicine. 1815
The College of Physicians and Surgeons of the Western
Hippocrates was the famous Greek doctor. District of New York appointed Dr. T.R. Beck as the
Alexander the great established medical schools and Professor of the Institutes of Medicine and Lecturer on
dissection of human bodies progressed and they gained Medical Jurisprudence.
much knowledge about anatomy. Medical Department of Harvard University appointed Dr.
Walter Channing as the Professor of Midwifery

529-564A.D. 1823
Dr. Beck published the Elements of Medical-
In Rome, the Justinian Code made its appearance, Jurisprudence which defined the field of legal medicine for
included within its provisions a precept that indicated that about half a century of American medical practice
a medical expert would not be used to proper or greatest 1830
advantage if he were to be simply regarded as ordinary In Germany, they established the first known medico legal
witness but he must assist the judiciary by impartial clinic in Vienna and second one in Berlin in 1833.
interpretation and opinion based on his specialized
knowledge. 1838
Issac Ray published A Treatise on Medical Jurisprudence
1236A.D. of Insanity
In China, a volume entitled the Hsi Yuan Lu (Washing
Away of Wrongs) by Sun T’zu was compiled that outlined 1855
procedures to be followed in investigating suspicious Dr. Beck died.
deaths.
Atty. Francis Wharton and Dr. Moreton Stille, a physician
1249 collaborated to publish a Treatise on Medical
In Italy, Hugo de Lucca took his oath as a medico legal Jurisprudence.
expert.
1858
Autopsies were performed to determine the cause of In Philippines, the first medical textbook printed including
death. pertinent instruction related to medico-legal practice and
included in pre curriculum of College of Medicine of Santo
In Germany, a comprehensive penal code was Tomas.
established that called for proof of cause of all violent
deaths. 1860

1553 Dr. John J. Elwell, a physician and an attorney published


In Germany, Emperor Charles V published and a book entitle A Medico-Legal Treatise on Malpractice,
proclaimed the Caroline Code in which it stated in its Medical Evidence and Insanity Comprising the Elements
pertinent sections that expert medical testimony must be of Medical Jurisprudence.
obtained for the guidance of the judges in the different 1867
cases.
The Medico-Legal Society was organized in New York.

1570-1692 Dr. John Odronaux, a physician and an attorney


France enacted laws that like those of Germany for they published Jurisprudence of Medicine.
favored the development of legal medicine as the
Dr. Odronaux published Judicial Aspects of Insanity
academic discipline.
1895
In Philippines, Manila, Medico legal laboratory was
1602
established
In Italy, Fortunato Fedele, a physician published a fairly
comprehensive volume of forensic medicine, De 1908.
Relationes Medicorum. Legal Medicine was taught in all medical schools in the
Philippines.
Paolo Zacchias, a papal physician published the huge
Questiones Medicina-Legales. 1919
The Department of Legal Medicine and ethics of the
1788
University of the Philippines was created under Dr. Sixto
The first book on legal medicine was written in English
delos Angeles as the chief.
by Samuel Farr and was entitled Elements of Medical
Jurisprudence. 1945
After the liberation of Manila, Criminal Investigation
1789
Laboratory Division was created with Dr. Mariano Lara a
Andrew Duncan, the first British teacher of legal
chief Medico-legal officer.
medicine, a physiology professor, gave a course of
lectures on legal medicine and public health. 1955
A group of physicians and surgeons, that some were
Andrew Duncan, Jr., his son, became the first professor
educated in the law, organized the American College of
on legal medicine at the University of Edinburgh.
Legal Medicine (ACLM).
Alfred Taylor, professor of Medical Jurisprudence at
1960
Guy’s Hospital Medical School wrote Principles and
British Academy of Forensic Sciences was created.
Practice of Medical Jurisprudence.
1972 Stages of Medico-legal Investigation
A physician and two attorneys founded the American
Society of Law and Medicine as a successor organization Crime Scene Investigation
to the Massachusetts Society of Examining Physicians. - Is the place where the essential ingredients of the
Its president was cardiologist Dr. Elliot Sagall with Atty. criminal act took place. It includes the setting of the
George J. Annas. crime and also the adjoining places of entry and exit
1976 of both offender and victim.
First national health law teacher’s meeting took place at Autopsy
Boston University under the auspices of the law school’s
Center of Law and Health Sciences. - Is a comprehensive study of a dead body, performed
by a trained physician employing recognized dissection
1982 produce and techniques.
The American Board of Legal Medicine was established
to administer examinations to individuals with both legal - Also known as Necropsy or Obduction.
and medical degrees.
- The term “Autopsy” derives from the Greek for “to see
oneself”. “Necropsy” is from the Greek for “seeing a dead
body”.
1993
Harry Jonas, Sylvia Etzel, and Barbara Barzansky Forensic pathology
noted that students can earn combined doctor of
It is the application of the knowledge of pathology for the
medicine and doctor of jurisprudence (MD/JD) degrees
administration of justice.
in only 9 of 125 degree-granting U.S. medical schools
fully accredited by the Liaison Committee on Medical Post-mortem examinations, deducing the cause of death
Education (LCME). by looking at the state of internal organs, estimating the
cause of death by doing histo-pathology of internal
2004
organs, etc. involves a thorough knowledge of pathology
The sixth edition of ACLM textbook Legal Medicine was
published Autopsy Vs. Post-Mortem Examination
Who is in charge? Post-Mortem Examination – Refers to an external
examination of a dead body without incision being made,
Medico-legal officer
although blood and other body fluids maybe collected for
one who investigates medico-legal cause of death, examination.
physical injuries, rape and other sexual crimes.
Autopsy – Indicates that, in addition to an external
his duty is examining victims and assailant, to make a examination the body is opened and an internal
report and appear in court as expert witness. examination is conducted.

For what? Stages in the Post-mortem Examination of the dead


body:
Medico-legal investigation
1.) Preliminary Examination
an investigation about the question of issue by use of the
medical techniques in its procedure and operation a. Examination of the Surrounding ( Crime Scene )
b.Examination of the Clothing's
c. Identity of the body
The following officials of the government are 2.) External Examination
authorized to make death investigation:
a. Examination of the body surface
b. Determination of the position and approximate time of
1.) The Provincial and City Fiscals. death

2.) Judge of the Courts of the First Instance ( now


Regional Trial Courts ) Kinds of Autopsies
3.) Justice of the Peace ( now Municipal Trial Court ) A.) Hospital on Non-Official Autopsy
4.) The Director of the National Bureau of Investigation – -This is an autopsy done on a human body with the
Rep. Act. 157 ( An act creating the National Bureau of consent of the deceased person relatives.
Investigation)
B.) Medico-legal or Official Autopsy
5.) The Chief of Police of the City Stations
-This is an examination performed on the dead body. To
6.) Solicitor General determine the cause, manner ( mode ) and time of death.
Recovering, Identifying , and Preserving evidentiary
material. then Providing inter petition and correlation of
facts and circumstances related of death.

Distinction between Pathological ( non-official )


Medico-legal ( official ) Autopsies:

1.Requirements
2.Purpose - Evidence is a means, sanctioned by the rules of court,
of ascertaining the matter of fact. (Rules of Court, Rule
3.Emphasis 128, Section 1)
4.Minor or Non – pathological - If the means employed to prove a fact is medical in
5.Conclusion nature, it is termed as Medical Evidence

Person authorized to conduct autopsy Type of medical evidence

1.Medico-legal officers of law enforcement 1.Real, Autoptic or Object Evidence

2.Medical staff of accredited hospital 2.Testimonial Evidence

3.Health officers in remote or rural areas 3.Experimental evidence

Types of official autopsy 4.Documentary Evidence


according to results 5.Physical Evidence
Negative Autopsy

Autopsy is called a negative autopsy if after all efforts Types of Physical Evidence
including gross and microscopic studies and toxicological
analyses, fail to reveal a cause of death. 1.Corpus Delicti Evidence – these are facts that the crime
really exist.
Negligent Autopsy
2.Associative Evidence – evidences which links the
An Autopsy where in no cause of death is found on suspect to the commission of the crime.
account of imprudence, negligence, lock of skill or lack of
foresight of the examiner. 3.Tracing Evidence – evidences which may help in
locating the whereabouts of the perpetrator.
1.) Failure to have an adequate history of facts and
circumstances

surrounding the death. Death - defined as the absence of life in a living matter.
In this state the organism returns to a stable equilibrium
2.) Failure to make a through external examination. both physical and chemical.
3.) Inadequate or improper internal examinations.

4.) Improper histological examination. Causes of Death


5.) Lack of toxicological or other laboratory aids. Immediate ( Primary ) Cause of Death – this applies to
6.) Pathologist incompetence. cares when trauma or disease kill quickly that there is no
opportunity for sequelae or complications to develop.

The Proximate ( Secondary ) Cause of Death – The


The following Manner of death should be Autopsied injury or disease was survived for a sufficiently prolonged
interval which permitted the development of serious
a.) Death by violence
sequelae which actually cause the death.
b.) Accidental death
Medico-legal Death- refers to the death which involves
c.) Suicide in crime or medico-legal cases to prove or disprove that
a foul play had been done.
d.) Sudden death of person who are apparently is good
health (SUND) Kinds of death

e.) Death unattended by physician • Somatic/Clinical Death

f.) Death is hospitals or clinics ( D.O.A ) wherein physician it is the complete, continuous and persistent cessation of
was not able to arrive at a clinical diagnosis as the cause respiration, circulation and almost all brain functions of
of death. an organism.

g.) Death occurring in a unnatural manner. it is the duty of any physician to listen in his stethoscope
for a period of 10-15 minutes.

Clinical types of death


Rules in the Examination:
1. Sociologic death – experience by patient who
1.) Look before you cut. are abandoned and let alone to die. The sense
of isolation or abandonment.
2.) Never cut unless you know exactly what you are
cutting. 2. Psychic death – the patient regresses, gives up
or surrenders accepting death prematurely.
3.) Weigh and measure every thing that can be weighed
or measured. 3. Biologic death – characterized by the absence
of cognitive functions or awareness despite of
Medical Evidence
the artificial life support.
4. Physiologic death – a death when all vital 4. Finger web test
organs cease to function.
Post mortem Caloricity
• Molecular Death
- The rise of the temperature after death due to the early
it is the cessation of life of the individual cells in the on set of the putrefaction.
body which occurs one a time after somatic death.
- it is not a sign of life.
each animal life of the individual cells may last for 6
Cooling of the body (Algor Mortis)
hours.
- the cessation of the heat production of the body after
• Apparent Death
death and lowered gradually to the surroundings.
-it is a temporary cessation of vital activities of the body.
- it is one of the earliest signs of the death.
-it is not an actual death although classified under its
- the fall of temperature down to 15 F to 20 F (-9.4 C to –
kinds.
6.67 C)is a consideration of death.
-may be seen in diseases like uremia, hysteria,
Stages of Muscular Change
drowning, and electrocution and on new born infants.
• Stage of Primary flaccidity
Signs of death
• Stage of Post mortem rigidity (Rigor Mortis)
Loss of power to move and insensibility of the body • Stage of Secondary flaccidity
Cessation of the respiration Stage of Primary flaccidity
Cessation of heart action and circulation
-it is the stage of muscular change upon death
Cooling of the body
characterized by the relaxation of muscles and loss of
Post – mortem caloricity their natural tone.

Rigor mortis -this stage lasts for 3-4 hours after death.
Cadaveric spasm
Stage of Post mortem rigidity (Rigor Mortis)
Livor mortis
- the whole body in this stage becomes rigid due to the
contraction of the muscles.

Methods to detect cessation of Respiration - develops 3-4 hours after death and may last for 18-36
hours.
1.Observing the upward and downward movement of the
chest. - it begins to develop in the muscles of the face particularly
the jaw to the lower extremities that will be completed 2-6
2.Palpation of the respiratory movement hours.
3..Examination through a stethoscope Conditions simulating Rigor Mortis
4.Mirror test • Heat stiffening - the hardening of the muscles due
to exposure to extreme heat.
5.Placing a feather or cotton on the nostrils

6.Placing a glass of water at the chest • Cold stiffening -the hardening of the muscles due
to exposure to extreme cold temperature.
7.Winslow test
• Cadaveric spasm or Spontaneous Rigidity -the
instant stiffening of a certain groups of muscles
immediately after death due the injury of the
central nervous system.
Methods to detect cessation of Heart action and
Circulation Stage of Secondary flaccidity
Heart Action: The muscular change characterized by the softness and
flaccidity of the muscles in which no longer responds to
1. Palpation of the heart
external stimulus.
2. Auscultation through a stethoscope
this stage is the onset of putrefaction.
3. Fluoroscopic examination
Putrefaction- the process of dissolution of the tissues by
4. Electro Cardiogram (ECG) the digestive action of the of its enzymes and bacteria that
results to softening liquefaction of the tissues and usually
Peripheral Circulation: accompanied by a foul smelling odor.
1. Magnus test (ligature) Approximate sequence of events in putrefaction
2. Palpation of the radial pulse, carotid pulse and 12 Hours - Rigor will be evident
femoral pulse.
24 Hours - Rigor will be evident with greenish
3. Icard’s Test discoloration
48 Hours- Presence of ova flies As to the kind of instrument used:

72 Hours - Cadaver was swollen and disfigured ➢ Blunt instrument:


• Lacerated wound (putok)
1 Week - Soft viscera putrefied
• Contusion (pasa)
2 Weeks - Soft viscera largely gone • Hematoma (bukol)

1 Month- Body is skeletonized ➢ Sharp edged:


Saponification • Incised wound (hiwa)

- also termed as adipocere formation. ➢ Sharp pointed:


- the formation of a soft friable and brownish white • Punctured wound (tusok)
greasy substance in a soft fatty tissues of the body
after death.
➢ Sharp edged and sharp pointed:
• Stab wounds

➢ Atmospheric Pressure:
Mummification - a condition where there is a removal of
• Barotraumas
the body fluid before decomposition sets in that resulted

in the shrinking and preservation of the dead body.
➢ Extreme temperature :
Cause of death
• Heat:
▪ Natural death Burns
▪ Violent death Scalds

▪ Accidental death • Cold:


Frostbite
▪ Negligent death
Trench foot
▪ Infanticidal death Immersion foot

▪ Parricidal death
As to the depth of wound:
▪ Homicidal death
• Superficial wound
▪ Murder • Deep wound
▪ Euthanasia • Penetrating wound
• Perforating wound
▪ Suicidal death

As to the site of application:


Physical injuries - specific impairment of the body
structure or function caused by an outside force or • Coup injury
physical agents which is the application of the stimulus to • Contre coup injury
the body producing damage. • Coup contre coup injury
• Locus minoris Resistencia
Wound- is the break or solution in the continuity of the • Extensive injury
skin or tissue of the living body.
As to the types of wound:
Vital reaction - is the sum total of all reactions of the
tissues or organs to physical injury or trauma. • Closed wound
Petechiae
According to severity:
Contusion or bruises
▪ Mortal wound - when inflicted to the body Hematoma
immediately followed by death. Musculo skeletal injuries
Internal hemorrhage
▪ Non-mortal wound-when inflicted to the body do
not immediately followed by death • Open Wound

As to the manner of infliction: Sexual offenses and deviations

Hit Classified into two:

Trust or stab 1. Sexual Harassment -committed by any person by


uttering obscene language as well as the unconventional
Sliding or Rubbing sexual acts which are not in conformity with the standards
of the society.
Gunpowder explosion by projectile
2. Sexual Assault -considered as the “genderless crime”
Tearing or stretching
which involves unconventional sexual acts of violence
and aggression on the genital and oral orifice of the False Physical Virginity – condition wherein the hymen
another person. is unruptured but the orifice is wide and elastic to admit
two or more fingers of the examiner with a lesser degree
of resistance.
Sexual deviation -an unnatural sexual behavior of a
certain individual which is done usually in private but
maybe done in public or done in bizarre manner Demi-Virginity – refer to a condition of a woman who
permits any form of sexual liberties as long as they
Forms of sexual deviation abstain from rupturing the hymen by sexual act.
• Lust murder (necrosadism) “Virgo Intacta” – refer to a truly virgin woman; that there
• Sadism are no structural changes in her organ to infer previous
• Masochism sexual intercourse and that she is virtuous woman.
• Sado-masochism
• Exhibitionism (flasing)
• Mixoscopia Parts of the female body to be considered in the
• Aoshianism (tribadism) determination of the condition of virginity
• Pluralism
• Troilism Breast - (mammary glands) are functionally related to the
• Incest reproductive system since they secrete milk for
• Masturbation nourishment of the young child.
• Voyuerism
• Satyriarism A fully develop breast may be classified according to
• Nymphomania shape as follows:
• Partialism
• Cunnilingus ▪ Hemispherical Breast – contour lines are not
• Sodomy straight but form part of a circle or half of a sphere.
• Bestiality ▪ Conical Breast – has the shape similar to a cone,
• Peadeastia outline consist of two converging lines which meet at
• Necrophilia the region of the nipple.
• Don Juanism
• Fellatio ▪ Pendulous Breast – skin of the breast is loose
• Narcism making it capable of swinging in any direction.
• Transvestism - Hemispherical Pendulous Breast
• Frottage
• Fetishism - Conical Pendulous Breast
• Pedophilia
• Coprolalia (scatologia) Viginal Canal -the vaginal canal of a virgin is tight and the
rugosities are sharp and prominent. The wall of the vagina
is composed of smooth muscle and fibroelastic
Virginity connective tissue.

- Is a condition of a female who has not experience Labia majora- is an elastic and pulp and its medical
sexual intercourse and who's genital organs have not borders are usually in close contact with each other
been altered by carnal connection. so as to cover the labia minora and the clitoris
- A woman is a “virtuous female” if her body is pure
and she has never had any sexual intercourse with Labia minora- is soft, pinkish in close contact with one
another, though her heart and mind is impure ( another, and its vestibule is narrow.
Thomas v. State, 19 Ga. App.104, 91 S.E. 247, 250). Fourchette- V-shaped appearance as the two labia
- The presumption of a woman’s virginity arises minora unite posteriorly.
whenever it is shown that she is single and
continuous until overthrown by proof to be contrary
(U.S. v. Alvarez, 1 Phil. 242). A woman is presumed
Hymen
to be a virgin when unmarried and of good
reputation. Classification of Hymen
Kinds of Virginity As to shape and size of the opening:
Moral Virginity – state of not knowing the nature of ➢ Annular or circular – opening is oval or circular
sexual life and not having experienced sexual relation. located at the center of the hymen.
Physical Virginity – condition whereby a woman is
➢ Infantile – opening is small, usually linear, fleshy and
conscious of the nature of sexual life but has not
resistant.
experienced sexual intercourse.

True Physical Virginity – a condition wherein the hymen ➢ Semilunar or Crescentric – the concavity may be
is intact with the edges distinct and regular and the facing either side or upwards or downwards.
opening small to barely admit the tip of the smallest finger
of the examiner even if thighs are separated.
➢ Linear – opening is slit like and usually running
vertically.

➢ Cribriform – hymen presents several openings


instead of a single one.

➢ Stellate – hymenal opening is like a star.

➢ Steptate – two openings which maybe of equal or


different sizes separated by a bridge of hymenal
tissue.

DEFLORATION
-Is the laceration or rupture of the hymen as the result of
sexual intercourse.

Parts of the female genitalia that must be examined to


determine defloration:

• Condition of the vulva – Normally the labia majora


and minora are in close contact with one another but
after defloration, labia may gape exposing the
introitus vulvae.
• Fourchette – V-shape of the fourchette is lost on
account of the previous stretching during insertion of
the male organ.
• Vaginal canal – there is diminution of the sharpness
or obliteration of the vaginal rugosities.

Predisposing causes of vulvo-vaginal injuries during


sexual act

• Position during the sexual act


• Brutality of the male partner during sexual act.
• Recent vaginal surgery
• Excessive active involvement of the female partner.
• Multiple sexual act among sex (Nymphomaniac or
Satyriatic) or multiple consort.
• Renewed sexual activity after prolonged abstinence.
• Post-menopause

Virginity – sex organ does not have previous experience


to stretching or coital act.

Prepuberty – genital organ is not yet fully developed in


physiological function.

Genital disproportion – male organ is unusually big or


female organ infantile in size inspite of adult age.

Unprepared or unaroused female – vaginal secretion is


absent, causing more friction.

Other causes of hymenal laceration:

• Passage of clotted blood during menstruation


• Ulceration due to disease
• Jumping or running
• Falling on hard or sharp object
• Medical instrumentation
• Local medication
• Self-scratching due to irritation
• Masturbation
• Insertion of foreign object
• Previous operation

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