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LEGAL MEDICINE HAND OUT


College of Law
USA
TABLE OF CONTENTS
Page
SEX Crimes
Medico Legal Aspects of Death
Medico Legal Aspects of Physical
Injuries
Identification
Crime Scene Investigation
Abortion
Paternity and Filiation
Impotency and Sterility
Disturbance of Mentality
Drug Dependence
Alcoholism
Asphyxia
Death of Physical Injuries due
to Automotive Crash or Accident
Autopsy
Casuses of Death
Burns

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SEX CRIMES

Virginity
Defloration

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Death related to sexual act


Sex crimes
Rape
Seduction
Acts of lasciviousness
Abduction
Adultery and concubinage
Prostitution

1.
2.
3.

General condition of the hymen.


Original shape of the orifice.
If lacerated:

Sexual abnormalities
Virginity
It is a condition of a female who has not experienced sexual
intercourse and whose genital organs have not been altered by
carnal knowledge.
Kinds of virginity:
1.
2.
3.
4.
5.
6.

Moral virginity
Physical virginity
True physical virginity
False physical virginity
Demi-virginity
Virgo intacta

Determination of virginity:
Parts of the female body:
1.
2.
3.
4.
5.

Breasts
Vaginal canal
Labia majora and labia minora
Fourchette
Hymen

Degree of laceration
Location of laceration
Duration of laceration
Complications of lacerations
Degree of laceration of hymen:
1.
2.
3.

Incomplete laceration
-Superficial
-Deep
Complete laceration
Compound or complicated laceration

Duration of laceration of hymen:

Defloration:
It is the laceration or rupture of the hymen as a result of sexual
intercourse.

Determination of defloration:

Hymen:

Condition of the vulva-gaping or not


Fourchette- v shaped
Vaginal canal- decrease rugae
Hymen

Fresh bleeding laceration- recent


Fresh healing with fibrin formation with edema of the
surrounding tissues after 24 hours
Healed laceration with congested edges and with
sharp coaptible borders 4-10 days
Healed laceration with sharp coaptible borders without
congestion 2-3 weeks
Healed laceration with rounded non-coaptible borders
and retraction of edges 1 month

Complication of laceration of hymen:

Secondary infection
Hemorrhage
Fistula formation
Stricture

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Sterility

Death related to sexual act:


1.

2.

-Use of force or intimidation:

Death of a male partner:


-Death from natural cause: increase demand in the
cardiovascular system.
-Death maybe due to the defensive act of a womanvictim.

Death of the female partner:


In case of oral sex: asphyxia
Accidental suffocation or strangulation during the act
In cunnilingus, air embolism
Infliction of injuries by saddist partner
Deliberately done to conceal the crime of rape
Shock as a result of extreme physical and mental
trauma in rape
Hemorrhage and infection

3.

Death of both partners


CO poisoning
Homicide-suicide pact

-The woman is deprived of her reason or otherwise


made unconscious
.
-The woman victim is less than 12 years old.
-Rape committed by depriving the victim of
her reason or otherwise made unconscious:
-Deprival of reason:
-Rape committed on insane or mentally
deficient woman.
-Rape committed while the woman is under
the influence of alcohol or other depressant
drugs
-Sexual act on a woman under the
influence of sex stimulating drugs.
-The woman victim is unconscious.
-Sexual act committed while the woman is
on her natural sleep.
-Sexual act on a woman suffering from
sleeping sickness.
-Sexual act on a woman who is
unconscious because she was knockedout.
-Sexual act after administration of narcotics
or other knock-out drugs.

Sex crimes:
Characteristics:

Ancient and universal


Close physical contact between the offender and the
victim
Crime by one sex against the other
Sex is an inborn instinct.
It is a crime committed in strict privacy.
Many sex crimes are not reported; undue publicity is
prejudicial to the reputation of the victim.
More frequent among lower socio-economic class.
Pardon and forgiveness will extinguish criminal liability
of offender.
The severity of punishment does not deter its
commission.
If the offender is past middle age, the victims are
usually children.
The psychic trauma suffered by the victim of sex
crimes varies with the moral standard of the victim.
Common in month of May.

-When the woman is under 12 years of age.


Instances when rape is punishable by death.

Carnal knowledge:
It is the act of man in having sexual bodily connection with a
woman.

Slightest penetration in the sexual organ of the female


by the sexual organ of a male.

Rape:
Elements of the crime:

The offender has carnal knowledge of the woman. The


victim of the crime must always be a woman while the
offender must inferentially be a man.

The carnal relation must be made under any of the


following circumstances:

When by reason or on the occasion of the rape, the


victim becomes insane.
When the rape is attempted or frustrated and a
homicide is committed by reason or on the occasion
thereof
When by reason or on the occasion of the rape, a
homicide is committed.
Medical evidences in rape:

MEDICAL EVIDENCES IN RAPE:


Evidences from the victim:

Date, time and place of alleged commission of rape.


Date, time and place of examination.
Condition of clothings.
The physician must observe the gait, the facial
expression and the bodily and mental attitude of the
subject.
Physical and mental development of the victim.
Physical exam, mental state
Examination of the body for signs of violence.
Tenderness and swelling, age of lesion, x-ray

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Examination of the genitalia including the breast.


Breast, vulva, hymen, pubic hair, vaginal canal

Throat of the victim/ anal canal of the victim

Examination of seminal fluid:

Medical

1.
2.

Gross examination
Chemical examination
1. Florence test: presence of animal
substance; not specific for seminal fluid.
2. Berberio`s test: specific for spermatic
fluid.
3. Puramen test: reliable and characteristic
of seminal fluid
4. Acid phosphatase test: conclusive for the
presence of semen

3.
4.
-

evidences in rape:
1.
2.

Examination of the alleged offender.


Physical development, mental condition and
strength
Evidence of physical injury
Abrasions in the neck, chest, penis
Condition of sex organ.
Evidence from the pubic hair.
Potency of the offender.
Evidence of genital infection.
Evidences from te companion of the victim.

Investigation of the crime scene:


-

Disturbance in the place of the commission.


Strands of hair, blood, seminal fluid and other
stains to prove consummation.
Pieces of personal belongings of the
offender/victim maybe recovered.
Investigation of the witness.

Examination of seminal fluid:


-

Semen is a viscid, albuminous fluid with faint


grayish-yellow color, having the characteristic
fishy odor and containing spermatozoa, epithelial
cells, etc
Spermatozoa living organism present in
seminal fluid consisting of a head, neck and tail.
60 million per cc, 80% motile

Specimens to be examined for seminal fluid:


-

Wearing apparel of the victim and the allege


offender.
Vaginal smear from the victim.
Stains on the body of the victim and of the
accused.
Stains found at the site of the commission of the
offense.

Microscopic examination
Biological examination
Precipitin test: human or not
Seminal grouping

How long after sexual intercourse can spermatozoa be found


in the vaginal canal?
Vagina: 48 hours
Uterus and cervix: 2-4 days
Can a woman be raped while she is on her natural sleep?
For virgins: highly improbable
For multiparous: possible
Can a woman commit a crime of rape on a man?
She commits acts of lasciviousness.
Can rape cause death?
Death secondary to bleeding, shock and infection
Can the husband commits the crime of rape on his wife?
Other crimes against chastity:
Seduction: it is the act of man enticing women to have unlawful
intercourse with him by means of persuasion, solicitation,
promises, bribes or other means without employment of force.
Types:
-

Qualified seduction
Simple seduction

Seduction:
-

Qualified seduction:
-Ordinary qualified seduction
-Incestuous qualified seduction

Simple seduction:

-deceit
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-

Medical evidences:

-Same as in rape but there is no application


of force
-Issue of age of the victim
Acts of lasciviousness:
1. These are acts which tend to excite lust;conduct which is
wanton, lewd, voluptuous or lewd emotion.
-Embracing, kissing and holding the woman`s breast
-Placing of the man`s private organ over the girls
genital organ.
2.
3.
4.

Prostitution is one of the venues in spreading


venereal disease and other diseases
Evidences may be gathered to prove sexual or
lascivious acts

Types:
-

Bar or tavern pick-up


Street walker
Door knocker
Factory girl

Effects of prostitution:
-

Acts of lasciviousness
Use of force or intimidation, depriving of reasons
or unconscious
Acts of lasciviousness with the consent of
offended party.
Medical evidence:presence of physical injuries

Arrest and imprisonment.


Venereal infection
Social ostracism
Poor personal hygiene
Excessive use of alcohol
Irregular habit or eating and sleeping
Demoralization and physical deterioration.

Sexual abnormalities:
Abduction:
-

1.
It is the carrying away of a woman by an
abductor with lewd design.
Lewd design: is the intent of the abductor to
have sexual intercourse with the woman
abducted

Two types:
-

Forcible abduction
Consented abduction

Adultery and concubinage:


Adultery: committed by any married woman who shall have
sexual intercourse with a man not her husband and by the man
who has carnal knowledge of her, knowing her to be married.
Concubinage: any husband who shall keep a mistress in the
conjugal dwelling, or, shall have sexual intercourse, with a woman
who is not his wife, or shall cohabit with her in any other place.
Prostitution:
They are women who, for money and profit, habitually indulge in
sexual intercourse or lascivious conduct.
Reasons:
-

Physiologic and psychological traits


Economic factors
Home and neighborhood
Influence of contraceptive
Poor social background with personality
handicaps
Previous sexual experience
Contact with a person in the fringe of prostitution.
Desire for money or forced by loneliness,
desertion or broken promises.

Prostitution:
Medico-legal aspects:

As to the choice of sexual partner:


Heterosexual
Homosexual
Overt
Latent
Infantosexual
Pedophilia (homosexual and heterosexual)
Bestosexual : bestiality or zoophilia
Autosexual: masturbation
Gerontophilia
Necrophilia
Incest

Reasons why physician fail to detect child sexual abuse.


-

The lack of hard physical evidence of abuse.


A belief that sexual abuse does not exist.
A fear of antagonizing parents.
Ignorance of how to obtain a detailed sexual
history from the child.

Theories why adults become interested in children:


1.
2.
3.
4.

Emotional congruence
Nondominant
Low self-esteem, immaturity, narcissism
Conditioning modeling early childhood
experience
Blockage-alternative sexual gratification is
unknown because of unresolved conflicts,
anxiety about sex
Disinhibition

Sexual abnormalities:
1.As to instinctual strength of sexual urge:

1. Over sex: compulsive neurosis


Satyriasis
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2.
-

Nymphomania
Under-sex:
Sexual anesthesia
Dyspareunia
Vaginismus
Old age

Death
-

2.As to the mode of sexual expression:


-

Oralism
Fellatio, cunnilingus, anilism
Sado-masochism (algolagnia) pain as a factor
in gratification
Flaggelation, sadism(active), masochism
(passive), cannibalism, necrosadism, love
bites

Fetishism (an
gratification)

object

is

necessary

for

Anatomic, necrophilic, clothing, odor


(urolagnia, coprolagnia), pygmalionism,
narcissism, incendiarism, vampirism
3.As to visual stimulus:
-

Voyeurism
mixoscopia

4.As to the part of the body:


-

Sodomy
Uranism
Frottage
partialism

5.As to number:
-

Troilism (menage a trois`)


Pluralism

Is the termination of life


It is the complete cessation of all vital functions without
possibility of resuscitation.
It is an irreversible loss of the properties of living
matter.

Classification:
Brain death

Deep irreversible coma, absence of


electrical brain activity and complete
cessation of all vital functions without
possibility of resuscitation
Cardio-respiratory death

Occurs when there is a continuous and


persistent cessation of heart action and
respiration.
Brain Death
Unreceptivity and unresponsibility
No movement or breathing
No reflexes
Flat electroencephalogram
Importance of death determination
-

The civil personality of a natural person is extinguished


by death.
The property of a person is transmitted to his heirs at
the time of death.
The death of a partner is one of the causes of
dissolution of partnership agreement.
The death of either the principal or agent is a mode of
extinguishment of agency.
The criminal liability of a person is extinguished by
death.
The civil case for claims which does not survive is
dismissed upon death of defendant.

Kinds of Death
A. Kinds of Death
Somatic or clinical death
Others:

The state of the body in which there is


complete, continuous and persistent
Coprolalia (obscene language)
cessation of the vital functions of the brain,
Don Juanism
heart and lungs which maintain life and
Exhibitionism
health.
Molecular
or
cellular death
Sexual reversal:

Death of individual cells

Occurs about 3 6 hours after somatic


Tranvestism: psychic
identification wit the
death
opposite sex. Sexual maladjustment
Kinds of Death
Transexualism: surgical change of anatomic sex.
Apparent death or state of suspended animation
Intersexuality:

A transient loss of consciousness or


i.
Gonadal agenesis
temporary cessation of vital functions of the
ii.
Gonadal dysgenesis
body
iii.
True hemaphrodite

Important to determine to avoid premature


iv.
pseudohermaphrodite
burial
B. Signs of Deaths
Cessation of heart action and circulation
Cessation of respiration
Medico-legal Aspect of
Cooling of the body (algor mortis)
DEATH
Insensibility of the body and loss of power to move
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-

Changes in the skin


Changes in and about the eye
Action of heat on the skin

1.Cessation of heart action and circulation


Methods of detecting heart action:
Palpation of the pulse
Wrist or neck
Auscultation of the heart sounds
at the precordial area
Difficult to hear in
stout person, with
pericardial effusion
Flouroscopic examination
Use of electrocardiograph best
method
Methods of detecting peripheral pulse
Magnus test
Bloodless zone when a ligature
is applied to the finger
Opening of small artery
Blood escapes in jerk.
Icard`s test
Injection
of
flourescein
subcutaneously
Pressure on fingernails
Zone of paleness at the site of
application
Diaphanous test
The finger webs are viewed in the strong
light; it appears red in living and yellow in
dead
Application of heat on the skin
There will be no blister formation in a dead
man
Palpation of radial pulse
Dropping of melted wax
There will be no inflammatory edema
around the melted wax.
2. Cessation of Respiration
Methods of detecting cessation of respiration:
Observe for chest movement
Listen to the chest with aid of stethoscope
Placing a mirror in front of the mouth and
nostrils ( no dimming in dead)
Placing a feather and cotton in front of lips
and nostrils (no movement in dead)
Winslow`s test (no movement of the image
formed by reflecting artificial or sun light
contained in the saucer placed on the chest
or abdomen of dead person)
3. Cooling of the body (algor mortis)
One of the most prominent signs of death
Fall of temp of 15-20 degrees Fahrenheit is certain
sign of death
Temp may fall before death in cases of cancer, sepsis,
cardiovascular collapse

Post-mortem caloricity rise of temperature of the


body after death due to rapid and early putrefactive
changes. Usually in the first 2 hours after death
Ex: peritonitis, liver abscess, yellow fever,
etc
Factors influencing the rate of cooling of the body
Factors that delay cooling
Obesity, pyrexial disease, death from
asphyxia
Clothing, small room, warm surroundings
Factors that accelerate cooling
Extreme age, leanness of the body, long
standing illness
Unclothed body, large room permitting the
dissipation of air, body in water

Estimation of time of death based on the cooling of the body


When the temp is normal at time of death the
average rate of fall during the first 2 hours is one half
the difference of the body temp and that of air; during
the next 2 hours, the fall is of the previous rate..and
so forth. As a rule the body attains a temp equal to
environment 12-15 hours after death
Formula: (N temp) 98.4F (rectal temp)
1.5
= approx nos of hrs after death
*Schourup`s formula
4. Insensibility of the body and loss of power to move
Should be observed in conjunction with other signs
Can occur in the living in the ff. conditions:

Apoplexy

Epilepsy

Trance

Catalepsy

Cerebral concussion

Hysteria
5. Changes in the skin
Pale and waxy looking; dependent area develop livid
discoloration due to pooling of blood
Loss of elasticity of the skin; post-mortem contact
flattening
Opacity of the skin
Loss of inflammatory reaction upon application of
melted wax.
6. Changes in and about the eye
Loss of corneal reflex
Clouding of the cornea
Flaccidity of the eyeball
Pupil is in the position of rest
Ophthalmoscopic findings
tache noir de la sclerotique
7. Action of heat on the skin
In a dead person, application of heat produces dry
blister without redness of surrounding skin.
CHANGES IN THE BODY AFTER DEATH

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C. Changes in the body following death
Changes in the muscle
Changes in the blood
Autolytic or autodigestive changes
Putrefaction of the body
1.Changes in the muscles
A. Stage of primary flaccidity or period of muscular
irritability
Complete relaxation and softening of all
muscles and sphincters.
Muscles are still contractile and react to
external stimuli
About 3-6 hours after death ( 1 hour and 50
min in warm countries
Changes in the muscles
B. Stage of post-mortem rigidity, or cadaveric rigidity, or death
stiffening, or death struggle of muscles, or rigor mortis.
Starts 3-6 hours after death and complete by 12 hours
Muscles stiffen due to coagulation of muscle proteins
In temperate countries it may last for 2-3 days; in warm
countries 24 to 48 hours in cold weather and 18-36
hours in summer
Factors influencing onset of rigor mortis
State of the muscles

Rigor mortis appears late and prolonged in


healthy muscles
Age

Early onset in extreme of ages


Integrity

Delay onset in paralyzed muscles


Temperature

Accelerated by high temperature


Moisture

Rigor mortis starts early but shorter in


duration
Conditions simulating rigor mortis
Heat stiffening if the body is exposed to temp above
75 C

Body assumes pugilistic attitude with the


lower and upper extremities flexed
Cold stiffening

frozen; due to solidification of fat


Cadaveric spasm or instantaneous rigor
Cadaveric spasm
This is the instantaneous rigidity of the muscles which
occurs at the moment of death due to extreme nervous
tension, exhaustion and injury to the nervous system
or injury to the chest.
The voluntary muscle contraction does not stop after
death but is continuous with the cadaveric rigidity
Rigor mortis vs. cadaveric spasm
Rigor mortis

3-6 hrs after death

All muscles of body

Natural occurrence after death

Utilized to approximate time of death


Cadaveric spasm

Appears immediately after death


Muscle groups/asymmetrical
May or may not appear after death
Useful to determine the nature of crime

Changes in muscles
C. Stage of secondary flaccidity or secondary relaxation
- disappearance of rigor mortis
- due to dissolution of the muscle proteins which have
previously been coagulated
Changes in the blood
A. Coagulation of blood
- blood may remain fluid inside blood vessels for 6-8
hours after death
- ante-mortem clot: firm in consistency, surface of
blood vessels raw after clots are removed, homogenous and
uniform in color
-post-mortem clot: soft in consistency, surface of blood
vessels smooth and healthy after clots are removed, clots with
distinct layer and can be stripped off
2.Changes in blood
Post-mortem lividity or cadaveric lividity, or postmortem suggilation or post-mortem hypostasis or livor
mortis

Blood began to accumulate in the most


dependent portion of the body

Starts to appear 3-6 hours after death and


fully developed at 12 hours after .

If the body was moved during the early


stage of its formation, it may develop in the
dependent portion of the new position
Physical characteristics
It occurs in the most extensive areas of the most
dependent portions of the body
It only involves the superficial layers of the skin.
It does not appear elevated from the rest of the skin
The color is uniform but the color may become
greenish at the start of decomposition.
There is no injury to the skin
Importance of cadaviric lividity
It is one sign of the signs of death.
It may determine whether the position of the body has
been changed after its appearance in the body.
It may determine how long the person has been dead
It gives us an idea as to the time of death.
The color of the lividity may indicate the cause of
death:

Asphyxia lividity is dark

CO poisoning lividity is bright pink

Anemia less marked

Phosphorus dark brown

If the body is in ice or snow it is bright red


Kinds of post-mortem lividity
Hypostatic lividity

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Blood gravitates to the most dependent
portion of the body still inside the blood
vessels and still fluid in form

Occurs in early stage of its formation

Any change in the position may lead to


formation of lividity to another place.
Diffusion lividity

Appears during the later stage of formation

Blood has coagulated or diffused into the


tissues.

Any change in the position will not change


the location of the lividity

3. Autolytic or autodigestive changes


Proteolytic, glycolytic, and lipolytic ferments of the
glandular tissue.
Facilitated by weak acid and higher temperature.
Can be observe in parenchymatous and glandular
tissues.
4. Putrefaction of the body
It is the breaking down of complex proteins into simpler
components associated with evolution of foul smelling
gases and accompanied by change in the color of the
body.
Tissue changes in putrefaction:
Changes in the color of the tissues

Change in color from greenish yellow to


greenish black; earliest seen in the iliac
fossa

marbolization
Evolution of gases in the tissues

CO2, ammonia, hydrogen, sulphurated


hydrogen,methane gases

Causes bloating of the body, frothy


secretions, expulsion of fetus

Causes floating of the body in water


Liquefaction of soft tissues
Factors modifying the rate of putrefaction
Age, condition of the body and cause of death
Free air

Moderate moisture, condition of


temperature of air, light
Earth
Water (running water vs still water)
Clothings

air,

Sequence of putrefactive changes in tropical regions


12 hours
Rigor mortis all over, hypostasis well developed and
fixed
24 hours

Ova of flies, trunk bloated,face swollen, blisters


present, moving maggots seen

72 hours
Whole body grossly swollen and disfigured,hair and
nails loose, tissues soft and discolored
1 week

Soft viscera putrified

2 weeks
Soft tissues
distinguishable

gone,

more

resistant

viscera

1 month

Body skeletonized

Putrefactive changes in water


4-5 days
Rigor mortis may be present. If cold, little changes is
seen
5-7days
Hands and feet sodden and bleached,face whitens
1-2 weeks
Face swollen and red,greenish discoloration,skin in
hands and feet are wrinkled
4 weeks
Skin wrinkled, scrotum and penis distended with
gas,lungs emphysematous
6 to 8 weeks
Abdomen distended, skin of hands and feet come off
with nails like a glove
Factors influencing the floating of the body in water
Infants and fetuses floats rapidly
Women floats sooner than men
Stout person floats quicker than lean and thin bodies.
Hot air of summer hasten putrefaction and floating
Body float sooner in shallow, stagnant water of ponds
and creeks than in running stream.
Body will float sooner in sea than fresh water.
Presence of weights will delay floating.
Agents of decomposition
Bacteria

Aerobic and anaerobic bacteria

Clostridium welchii
Flies

Maggots

Adult flies
Others

Reptiles,rodents,dogs,fishes and crabs

molds

Duration of Death
Presence of rigor mortis
Presence of post-mortem lividity
Onset of decomposition
48 hours
Stage of decomposition
Entomolgy of cadaver
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Rigor mortis absent, greenish discoloration all over the


abdomen, distension of abdomen with gases

10

Stage of digestion of food in the stomach


Amount of urine in the bladder
State of clothing
Chemical changes in the Cerebrospinal fluid
Post-mortem clotting and decoagulation of blood
Presence or absence of soft tissues in skeletal
remains
Condition of bones
Temperature of the body

Presumption of Death
Rule 131, Sec.5, Rules of Court:

Disputable presumption:
That a person not heard from for
seven years, is dead.

Presumption of death:
Art. 390, Civil Code and Sec. 5,
Rule 131, Rules of Court:
After an absence of 7
years,
it
being
unknown whether or
not the absentee still
lives, he shall be
presumed dead for all
purposes, except for
those of succession.
The absentee shall
not be presumed
dead for the purpose
of
opening
his
succession till after
an absence of 10
years.
If
he
disappeared after the
age of 75 years, an
absence of 5 years
shall be sufficient in
order
that
his
succession maybe
opened.
Art. 391, Civil code and Sec.5,
Rule 131, Rules of Court:

The following shall be presumed dead for


all purposes, including the division of the
estate among the heirs:
A person on board a vessel lost
during a sea voyage, or an
aeroplane which is missing, who
has not been heard of for 4
years since the loss of the
vessel or aeroplane.
A person in the armed forces
who has taken part in the war,
and has been missing for 4
years.
A person who has been in
danger of death under other
circumstances and his existence
has not been known for 4 years.
Art. 392, Civil Code;

If the absentee appears, or without


appearing his existence is proved, he shall
recover his property in the condition in
which it may be found, and the price of any
property that may have been alienated or
the property acquired therewith; but he
cannot claim either fruits or rents.

Presumption of Survivorship
Sec. 5 (jj), Rules 131, Rules of Court:

When 2 persons perish in the same


calamity, such as wreck, battle, or
conflagration, it is not known who died first,
there are no particular circumstances from
which it can be inferred, the survivorship is
presumed from the probabilities resulting
from the strength and age of the sexes,
according to the following:
If both were under the age of 15
years, the older is presumed to
have survived.
If both were above the age of 60,
the younger is presumed to have
survived.
If one is under 15 and the other
above 60, the former is
presumed to have survived.
If both over 15 and under 60 and
the sexes be different, the male
is presumed to have survived; if
the sexes be the same, then the
older.
If one be under 15 or over 60,the
other between those ages, the
latter is presumed to have
survived.
Art. 43, Civil Code
If there is a doubt, as between two or more persons
who are called to succeed each other, as to which of them died
first, whoever alleges the death of one prior to another, shall
prove the same; in the absence of proof, it is presumed that they
died at the same time and there shall be no transmission of rights
from one to another.
MEDICO-LEGAL ASPECT OF PHYSICAL INJURIES
Causes of physical injuries:

Physical violence
Heat and cold
Electrical injury
Chemical injury
Radiation injury
Barotrauma
Infection

Wounds:

It is the solution of the natural continuity of any tissue


of the living body.

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The effect of physical violence may not always result


to the production off wound but the wound is always
the effect of physical violence.

Physics of Wounds:
Wound=kinetic energy X time X area X other factors
Kinetic energy = (mass) (velocity)2

The greater the velocity, the greater is the magnitude


of injury.
The shorter the period of time needed for the transfer
of energy, the greater the likelihood of producing
damage.
The larger the area of contact between the force
applied on the body, the lesser is the damage.
The less elastic and plastic the tissue, the greater the
likelihood of laceration to occur.
Movements of body parts will cause stretching of
tissues causing internal injuries.

Tissue reaction to injuries:

rubor redness or congestion of the area due to


increase blood supply.
calor increase in temperature.
dolor pain
Loss of function

THE PRESENCE OF VITAL REACTIONS DIFFERENTIATES AN


ANTE-MORTEM FROM A POST-MORTEM INJURY.

Special types of wounds:

Blunt instrument
Sharp instrument
Tearing force
Barotrauma
Temperature
Explosion
Infection
Explosion
Electrical injury

As to manner of infliction

Hit
Thrust or stab
Gunpowder explosion
Sliding, rubbing or abrasion

As to the depth of the wounds

Defense wounds result of a person`s instinctive


reaction of self protection.
-Nightstick fracture
Patterned wounds wound in the nature and shape of
an instrument causing it.
Self-inflicted wound- wound produced on oneself. The
person has no intention to end life. (head banging, nail
biting)

Legal classification of physical injuries:


Mutilation it is the act of looping or cutting off any part or parts
of the human body
Kinds of mutilation:

Fatal injuries to the heart, big blood vessels, brain,


spinal cord, lungs
Non-fatal

As to kind of instrument

Coup-injury
Contre-coup
Coup contre-coup
Locus minoris resistencia
Extensive injuries

As to the regions or organs of the body involved.

Classification of Wounds:
As to severity

Superficial- only the layers of the skin


Deep
Penetrating
Perforating

As to the location of impact and injury.


2

Intentionally depriving a person, totally or


partially of some of the essential organs
of reproduction,
Intentionally depriving a person of any part
or parts of the human body other than
organs of reproduction

Is vasectomy and tubal ligation within the purview of


mutilation?
Classification of Physical Injuries as to time of medical
attendance:
Slight physical injury

Requiring medical attendance from 1 to 9 days


Requires medical certification

Less serious physical injury

Requiring medical attendance or incapacitated for 1030 days


Requires medical certification

Serious physical injury

Requiring medical attendance for more than 30 days

Types of Wounds:
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Closed wounds
Superficial-wounds in the layers or beneath the skin
i.
Petechiae (not always a product of trauma)
ii.
Contusions may develop after several
minutes
iii.
Hematomas
iv.
Deep
Musculo-skeletal injuries sprain, dislocation, fracture,
strain and subluxations
Internal hemorrhage
Cerebral concussion

Age of contusions;
After injury:
red to purple
4-5 days: greenish
7th-14th day:
yellowish
14th day: gradually disappears.
Change of color from periphery inwards
.
Types of Wounds

Open wound
Abrasions
Incised wound
Stab wound
Punctured wound
Lacerated wound
Avulsed wound

Abrasions
Types:

Scratch (fingernails)
Graze
Impact or imprint abrasions
Pressure or friction abrasions

Distinction between ante-mortem and post-mortem


Incised Wounds

Cause by a sharp-edged instruments


Maybe an impact cut, slice cut, chopped or hacked
Characteristics: clean cut edges, gaping wound
May suicidal, homicidal or accidental

Distinction between suicidal and homicidal cut-throat:


Suicidal

Oblique wound
Usually superficial
Presence of superficial cuts
Sitting/facing a mirror
Weapon is grasped or lying beside the victim
Blood is in front of the body, bloody hand
History of mental illness

Homicidal

Horizontal wound

Usually deep
Maybe absent superficial cuts
Usually lying
Weapon is absent
Blood at the back of neck, hands clean
Absence of mental illness

Stab Wound
Descriptions

Edges serrated or clean cut


Length of the edges
Extremities single blade or double blade,three
cornered file
Direction of the surface wound
Depth of penetration
Location of the wound

Suicidal vs Homicidal Stab Wound:


Suicidal

Located in vital parts


Usually solitary
Accessible to the hand
Hands are bloody
Presence of cadaveric spasm
Wound tailing abrasion is towards the hand inflicting
No disturbance in scene
Wounding instrument with the victim
History of self destruction

Homicidal

Located in any parts of the body


Associated with other injuries
Multiple stab wounds
Disturbance in the crime scene

Punctured Wound:

Opening in the skin is very small


Cause by a thrust of a sharp-pointed instrument
Minimal bleeding externally

Lacerated Wound:
Characteristics:

Edges are irregular and rugged.


The borders of the wound are contused and swollen.
The size and shape of the wound does not conform to
the wounding instrument.

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Usually located near the bony areas.


Bleeding not extensive.
Tendency to form scar.

Classification of lacerated wound:

Crushing of skin between two hard objects.


Overstretching of the skin.
Grinding compression.
Tearing

Factors responsible for the severity of wounds:

Bleeding
Size of injury
Organs involved
Shock
Foreign body or substance introduced into the body
Absence of medical or surgical intervention.

Fatal effects of the wounds:


Wound maybe directly fatal by reason of:

Hemorrhage
Mechanical injuries to vital organs
Shock

Wound maybe indirectly fatal by reason of:

Specific infections
Secondary hemorrhage following sepsis
Scarring effect
Secondary shock

Nature of death due to secondary causes:

Changes whose natural consequence are direct and


obvious.
Changes producing separate pathological lesions
which in turn proves to be fatal.
Changes where a definite pathological condition was
present before the injury.
Changes where a definite pathological condition of
totally different nature arises after the wounding.

Medico-legal investigation of wounds:

Character of the wound


Location of the wound
Depth of the wound
Condition of the surroundings
Extent of the wound
Direction of the wound
Number of wounds
Condition of the locality

Examination of the wounded body:


Living and dead body

Age of the wound, weapon


suicidal,homicidal or accidental

used,

whether

Living body

Fatal or non-fatal, presence of deformity, complications

Dead body

Ante mortem or post-mortem wound


Fatal or nonfatal
Suicidal or homicidal

Ante-mortem vs post-mortem wounds:


Ante-mortem

Copious bleeding
Spouting of blood
Clotted blood
Deep staining of edges
Gaping of edges
Presence of inflammatory process

Post-mortem

Minimal bleeding
No spouting of blood
Non-clotted blood
Edges are not deeply stained
Edges do not gape
No inflammatory process

IDENTIFICATION
Importance:

In criminal cases, the identity of the offender and the


victim must be established, otherwise it will be a
ground for dismissal.

The identity of the person missing or presumed dead


will facilitate settlement of estate, retirement,
insurance, etc

Identification resolves the anxiety of the next-of-kin as


to the whereabouts of the missing person.

Identification is needed in some transactions like


cashing a check, sale of property, etc.
Rules

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. (Law of
Multiplicity of evidence in identification)

The value of different points of identification varies in


the formulation of conclusion.

The longer the interval between death and the


examination of the remains, the greater is the need for
the experts in establishing identity.
Methods

By comparison

By exclusion

By ordinary method

By scientific method
Methods of Identification

Ordinary methods of identification

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Characteristics which may be changed
easily

Color of hair, mustache, clothing

Characteristics that may not be changed


easily

Speech, Gait, mannerisms,


facies, L or R handed

Scientific methods of identification

Fingerprinting,
dental
identification,
handwriting, skeletal identification
Light as a factor in identification

The best known person cannot be recognized by the


clearest moonlight at a distance greater than 16 to 17
yards.

In broad daylight, an unknown person can be


recognized at a distance of 25 yards.

With flash of firearm, it is possible to see the person


but assailant are usually hidden or the assault is
unexpected that attention of the person or witness is at
its minimum.
IDENTIFICATION

General appearance

Personal effects

Presence of scars, tattoos, moles, birthmarks and


other permanent marks

Presence of physical deformities or congenital defects

Fingerprints

Dental identification

X-ray and other health records

Skeletal remains
General appearance

Estimated weight and height

Determination of Age

Determination of Sex

Determination of Race

General nutritional status

Color of hair, skin and eyes


Methods of approximating the height

Distance between the tips of the middle fingers with


arms extended laterally

Two times the length from the vertex of the skull to the
symphysis pubis

Eight times the length of the head


Determination of age: Importance

As an aid to identification

Determination to criminal liability

Determination of the right of suffrage

Determination whether a person can exercise civil


rights

Determination of the capacity to contract marriage

As a requisite to certain crimes such as rape,


infanticide, seduction
Determination of age

Can be determined by:

Physical appearance

Appearance of ossification centers

Union of bones and epiphyses

Dental identification

Obliteration of cranial sutures

Adult has 32 permanent teeth

Presidential decree 1575

All dental practitioner should keep and


maintain accurate and complete record of
the dentition of all their patients.

Upon lapse of 10 years from the last entry,


the records shall be turned over to the NBI
Age based on eruption of teeth

Temporary

Central incisors: 6th month

Lateral incisors: 9th month

First molars: 12th month

Canines: 18th month

2nd molar: 2 years

Permanent

First molar: 6th year

Central incisors: 7th year

First bicuspid: 9th year

Canines: 11th year

3rd molar: 17th-18th year or later


Epiphysis
1-1 years anterior fontanelles closed
13 years ileum and pubic bone should be united
18-20 yrs head of the femur should have joined diaphysis
25 years and > all the epiphysis have united
Age determination in fetus

Haase`s rule:

For fetus of less than 25 cm long (crown


feet length), the age is the square root of
the length. Ex: In 16 cms fetus, the age is 4
months.

For fetus more than 25 cm, divide the


length by 5 and the result is the age.
Ex: if fetus is 40 cms, the age is 8 months.

Age determination in infancy

Age based on height and weight

Newborn: 50 cms

6 mos: 60 cms

1 yr:
68 cms

4 yrs: double the birth height


- newborn: 2.5-3 kg
. Increases weight by .5 kg /month
. At 1 yr weighs 3X the birth weight

Age determination in infancy

Physical characteristics of infant

Newborn : skin covered by vernix caseosa

After 24 hours: skin firm and less red

2nd 3rd day: skin yellowish tinge, umbilical


cord brown and dry

3rd 4th day: skin becomes more yellow,


umbilical cord brownish red and flattened

4th 6th day : umbilical cord separates from


abdomen

6th -12th day : cicatrization of umbilical cord


Other points to consider in determination of age:

Growth of pubic hair, beard and muscle

Changes of the breast in female

Development of voice

Changes in the color of hair

Grade or year in school or college

Menstruation in women

Manner of dressing, self beautification and social life

Atheromatous changes of blood vessels, opacity of


lens and cornea

Wrinkles of the skin

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Degree of mental development


Determination of Sex
Legal Importance

As an aid in identification

To determine whether an individual can exercise


certain obligations vested by law to one sex only

Marriage or the union of a man and a woman

Rights granted by law are different to different sexes

There are certain crimes wherein a specific sex can


only be the offender or victim

Social test

Genital test

Gonadal test

Chromosomal test

Exception: gonadal agenesis and true hermaphrodism


Evidences of sex

Presumptive evidences

Highly probable evidences of sex

Conclusive evidences
Presumptive evidences:

General features and contour of face.

Presence or absence of hair in certain parts of the


body.

Length of scalp hair.

Clothes or wearing apparel.

Figures

Voice or manner of speech

Adam`s apple

Striaes in breast and abdomen.


Highly probable evidences of sex:

Possession of vagina, uterus and accessories in


female, and penis in male.

Presence of developed and large breast in female.

Muscular development and distribution of fat in the


body.
Conclusive evidence:

Presence of ovary in female and testis in males.


Determination of race

Color of the skin

Feature of the face

Shape of the skull

Wearing apparel
Tattoos

Information name, age , date of birth, religion, name


of spouse, social status, memberships

Can be remove by surgical excision, electrolysis, laser


or application by caustic substance
Scar

Remaining mark after healing of the wound

Characteristic scar may show cause

Age of scar
Personal effects

Type of clothing worn

Jewelry

Shoes

Atypical object in a victim or immediate vicinity


Handwriting
Writing maybe proven by the following:

Acknowledgement by the alleged writer.

Statement of a witness who saw the writing made.

By opinion of persons who are familiar with the


handwriting of the alleged writer.

By opinion of an expert who compares the questioned


writing with that of other writings which are admitted or
treated to be genuine by the party against whom the
evidence is offered.
Practical uses of handwriting examination.

Financial crimes

Death investigation

Robberies

Kidnapping with ransom

Anonymous threatening letters

Falsification of documents

Bibliotics the science of handwriting analysis

Graphology the study of handwriting for the purpose


of determining the writer`s personality, character and
aptitude.
Primary factors for analysis:

Form shape of the letter, proportion, slant, angles,


lines, retracing, connections and curves

Line quality results from the type of instrument used,


pressure exerted, flow and continuity of the script

Arrangement spacing, alignment, formatting and


distinctive punctuation

Content spelling, phrasing, punctuation and grammar


Standard (exemplar) writings:

Collected (procured) writings a known specimen


written by an identified person. It maybe from a public
or private records. This is the most appropriate
standard.

Requested standard the identified person is asked to


provide handwriting samples. Contemporaneous.
Characteristics of disguised writing:

Inconsistent slant

Inconsistent letter formation

Change of capital letters

Lack of free flowing movement

Lack of rhythm

Unnatural starts and stops

Irregular spacing

Writing with unaccustomed hand


Forgery

Traced forgery

Simulated forgery

Spurious forgery
Fingerprints

Most valuable method of identification

No two identical fingerprints

Dactylography art and study of recording fingerprints


as a means of identification.

Dactyloscopy art of identification by comparison of


fingerprints.

Poroscopy study of pores found on the pappilary or


friction ridges of the skin.
Kinds of impressions:

Real impression

Chance impression

Visible print made by chance and visible


without previous treatment

Plastic print made by chance by pressing


the fingertips on melted paraffin,
cellophane, plastic tape

Latent print prints not visible after


impression but made visible by addition of
substances. Ex: application of fine powder.

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Methods

Plain method
Rolled method
In dead bodies
Automated fingerprint identification system (AFIS)
Arch
Loops
whorls
DNA
Forensic DNA
DNA
First use in 1985
First accepted as court evidence in 1986 (serial rapist
Tommie Lee Andrews)

It cannot distinguish between identical twins.

It should pass tests of acceptability in the scientific


community.

Faces few challenges from the court.

Loopholes: handling of samples,interpretation of


samples
DNA FINGERPRINTING

DNA profile of an individual

Unique DNA sequence

Can be determined from any tissues of the body

DNA data bank: CODIS (Combined DNA Index System


Can be useD in the following:

Identify potential suspects whose DNA may match


evidence left in the crime scenes

Exonerate persons wrongly accused of the crimes.

Identify crime and catastrophic victims

Establish paternity and other family relationships


DNA technologies:

Restriction Fragment Length Polymorphism (RFLP)

Polymerase Chain Reaction Analysis (PCR analysis)

Short Tandem Repeat (STR) Analysis

Mitochondrial DNA Analysis

Y Chromosome analysis
Concerns about DNA Databanking

Intrusion into privacy

Expensive
Vidocq Society

The advances in technology (DNA) and profiling of


criminals causes an increase in re-investigation of
unsolved cases.

The Vidocq Society is founded by forensic


professionals to brainstorm on past unsolved cases.

From French police surgeon Eugene Vidocq, the father


of modern criminal investigation.
Forensic Medicine
Goal:

Scientific method:

Observation and collection of data


Conjecture of collected data (analysis)
Formulation of hypothesis
Testing the hypothesis or reconstruction
Theory

Forensic Medicine

The application of medical science to elucidate legal


problems

Dr. William J. Currran

Legal Medicine
The application of medicine to legal science.

Dr. Pedro Solis

Deals with investigation, preparation, preservation and


presentation of evidence and medical opinion in courts

Dr. Pedro Solis

Areas of medicine concerned with relations with


substantive law and with legal institutions

Dr. William Curran

Medicolegal practitioners

Doctors handling medicolegal cases


o Health officers
o Medical officers of law enforcement agency
o Members of medical staff of accredited
hospital
Private practitioners
PNP criminal laboratory
NBI criminal laboratory

Forensic Science in the Philippines


The goal of this course is to provide law students with
fundamentals of forensic science and equip them with
knowledge needed for the law profession.

Definition:

Forensic science science that is applied to legal


matters.

Spanish regime
o Medico Titulares in charged of public
sanitation and medico-legal aid
American regime
o Medico-Titulares under the Board of Health
Philippine Republic

Latin: forensis public; of a forum

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o
o

Medico-legal Division was established at


the PGH and was later transfer under the
authority of Department of Justice.
In 1947, the Medico-legal Division was
transferred to the National Bureau of
Investigation

Forensic sciences

Forensic anthropology
Forensic medicine
Forensic pathology
Forensic pschiatry/psychology
Forensic meteorology
Forensic DNA analysis
Forensic odontology
Forensic archeologist
Forensic entomology
Forensic chemistry and toxicology
Fingerprint experts
Handwriting experts
Forensic linguistics
Forensic nursing, etc

Victims of physical injuries cause by any of the following.

GSW, SW, mauling, etc.


VA
Asphyxia
Electrocution, burns
Accident, homicide or suicide
Poisoning
Cases of child abuse, domestic violence, rape,
alcoholism and drug addiction.

Cases involving mental competency of the patient.


Iatrogenic causes brought about by negligent acts or
omissions of the hospital staff resulting in violation of
rights of patients or leading to patient`s physical and
mental incapacitation, physical injury and death.
Under Philippine Laws, medico-legal deaths must
undergo mandatory autopsy.

CRIME SCENE INVESTIGATION:

Scope of Forensic Medicine

Crime Scene Investigation


Medico-legal aspects of Identification
Medico-legal aspect of Death
Causes of Death and Conduct of Autopsy
Medico-legal aspect of Physical Injuries
Ballistics
Sex Crimes
Pregnancy/Abortion/Paternity and Filiation
Disturbance of Mentality
Alcoholism and Poisoning

Medico-legal cases

Injuries or death involving persons who have no


means of being identified.
Persons pronounced as dead on arrival.
Deaths under the following circumstances:
Death occurring within 24 hours of
o admission when cause of death is unknown
Unexpected death when the decease is in
o apparent good health
Death due to natural cause but with
o physical evidence of foul play.
Death as a result of violence, accident,
o suicide or poisoning.
Death due to improper or negligent act
o of another person.

Crime scene: It is the place where the essential


ingredients of the criminal act took place.
Crime scene investigation: collection of the physical
evidences that may lead to the identity of the
perpetrator, the manner the criminal act was executed
and other things that may be useful in the prosecution
of the case.

Members of the team:

Police investigators
Medico-legal experts (medical examiners)
Fingerprint experts
Photographer
Chemist
Sketch artist
Evidence recorder

Methods of conducting the search:

Strip method
Double strip or grid method
Spiral method
Wheel method
Zone method

Salient points:

Determine if the victim is alive or not.


Preserve the scene of the crime until proper
markings/photographs are taken.
The scene of the crime must be cordoned off.
The immediate environment inspected for clue and
evidences.

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Evidence collected must be properly identified, sealed


and signed by the investigator and endorsed to the
custodian.

Evidence

All evidences collected must be protected, identified


and preserved.
Evidence custodian is responsible to preserve the
shape, minimize contamination and chemical changes
and transfer of evidences.

Types of evidences:
Autoptic or real evidence

Limitations

Indecency
and
impropriety

Repulsive
objects
and those offensive
to the sensibilities
o Testimonial evidence

Ordinary witness

Expert witness
o Experimental evidence
o Documentary evidence

Medical certification/report

Medical expert opinion

deposition
Physical evidence
o Corpus delicti evidence
o Associative evidence
o Tracing evidence
o

Physical evidence examination should prove:

That a crime has indeed taken place.


Determine the perpetrators MO.
Establish contact between a victim and a suspect.
Establish contact between a person and a scene.
Support or disprove a witness`testimony
Provide investigative lead.

Preservation of evidence

Photographs, audio/video tape, micro film


Sketching
o Rough sketch
o Finished sketch
Description
Manikin method
Preservation in the mind of the witness
Special methods

Death or Physical Injuries caused by Explosion


Classification of explosion as to the source of energy:

Mechanical (Hydraulic ) explosion


Spray canister, water tank, kerosene burner
Electrical explosion
Arcing of electricity, lightning
Nuclear explosion
Atomic explosion
Chemical explosion
Brought about by chemical explosion

Chemical explosion:

Diffused reactant explosion


Condensed reactant explosion
Low order explosives
High order explosives
Stable high order explosives
Unstable high order explosives

Injuries are due to:

Close
contact:
complete
disintegration
or
fragmentation of the body parts
Near the explosion: body in one piece but some parts
maybe dismembered. Triad of punctate bruises,
abrasions and lacerations are found
At a distant: peppering
Blast wave:airway injury, rupture of tympanic
membrane
Burns: flame or heated gas
Asphyxia: lack of oxygen
Gas poisoning
Falling debris

Investigation:

Presence of crater
Traces of detonation mechanism; residues
Collection of gas
Scrapings
Color spot tests

Atomic bomb explosion:

Fission of uranium producing millions of pounds of gas


pressure.
Creates fireball with a diameter of 7,200 feet in ten
seconds and height of 4 miles
Emits radiation: alpha, beta, gamma and neutron rays

Effects of atomic explosion in the body:

Local effects: chromosomal aberrations, radiation


dermatitis,endothelial necrosis and thrombosis,
cataract and sterility

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General effects: generalized erythema, coma and


death, vomiting and leukemia, leukopenia
Long term effects: cancer

Other sources of radiation:

Natural source
Cosmic
Terrestial origin
Man-made source
Diagnostic x-ray equipment
Clinical nuclear pharmaceutical agent
Therapeutic radiation apparatus
Nuclear power plants

Thermal Injuries and Death


Death or injury from cold
Systemic: death due to cerebral anoxia and cold stiffening

Local effects: frostbite, immersion foot, trench foot

Death or injury from heat


Systemic effects:heat cramps, heat exhaustion, heat stroke

Local effects: Burns / scald

Burns:

Moist heat
Scalding
geographical lesions
Clothings and hair are not burned
Blisters are formed with redness around
Usually not fatal; death is due to sepsis
Dry heat
Thermal
Chemical
Electrical
Radiation
Friction

Burns:
Characteristics:

From redness to carbonization of the body


Singeing of hair and carbon deposits
Areas involved are without demarcation line.

Classifications:

1st degree: sunburn


2nd degree: vesicle formation; superficial skin
3rd degree:whole layer of the skin
4th degree:whole layer of skin and the subcutaneous
tissues
5th degree: muscles

Purpose of intentional fire:

To conceal identity and true cause and manner of


death.
To kill or with homicidal intent (torch murder).
The victims might have committed suicide by other
means and try to hide the cause and manner of death
by setting fire on the surroundings.
To perpetuate insurance fraud both property and life.
Victim might have been trapped in the building set afire
accidentally or intentionally
A person in pursuance of a cause may soak himself
with an inflammable substance and burn himself to
death.

Cause of death in burns:

Immediate: shock, associated physical injuries,


suffocation
Delayed: shock, exhaustion, complications- sepsis,
multi-organ failure
Time required to completely burn the body:
Depends on: intensity of heat applied, duration,
physical condition, and presence of clothing
In incinerator: 4 hours to transform the body to ashes.

Proof that the victim was alive before burned to death:

Presence of smoke in the air passages.


Increase carboxy-hemoglobin blood level.
Dermal erythema, edema and vesicle formation.
Subendocardial left ventricular hemorrhage.

Distinction between ante-mortem and post-mortem burns


Investigation:
Determine the following:

Establish the identity: clothing, size of footwear,


properties in the pockets, physical characteristics,
scars
Whether the person was alive in the fire.
Cause of death.
Information indicating a possible cause of fire

Medico-legal aspect of burns and scald

Branding
Torture
Accidental
Spontaneous combustibility
Preternatural combustibility

Others:

Chemical burns:
Sulphuric acid
Nitric acid
Hydrochloric acid
Caustic soda
Electrical burns:
Contact burn

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Age of viability: fetus id potentially able to live outside the


mother`s womb although with respiratory aid.
Elements of the crime:
That the expulsion of the product of
conception is induced.
Physical Injuries or Death by Lightning and Electricity
That the fetus dies either as an effect of the
Lightning and electricity:
violence used, drug administered or the
Electricity:
fetus was expelled before the term of its
viability.

Domestic lines: 100-250 volts


Abortion:
Clinical type:
Lightning:
Missed abortion
Threatened abortion (cervix close)

It is an electrical charge in the atmosphere.


Inevitable abortion (cervix dilated)

1,000 million volts and about 2,000 amperes.


Incomplete abortion
Complete abortion
Lightning:
A. Elements of lightning that produce injury:
Kinds of abortion:
1. Direct effect from the electrical charge
Spontaneous or natural abortion
2. Surface flash burns
Induced abortion
3. Mechanical effect
Therapeutic abortion
4. Compression effect
Criminal abortion
B. Points to consider:
Post-mortem abortion
1. History of thunderstorm
How abortion is induced or procured:
2. Evidences in the surrounding
By general violence (inflicted or violent exercise)
3. Absence of other wounds and other injuries
By local violence
Lightning:
By the use of drugs (abortifacient)
Classes of burns:
By surgical intervention (D & C)
Others: amniocentesis, vacuum suction

Surface burns
Medical evidences of abortion:

Linear burns
In the living:

Arborescent or filigree burns


Presence of external signs of violence
Examination of generative tract.
Medico-legal aspect:
Examination of instrument for the presence
of blood, fetal parts

Eliminate the possibility of a felonious act of another


History
person
Signs of previous pregnancy

Electrical shock:
Examination of the expelled product of
conception
Mechanism of death:
In the dead:
Evidence of instrumentation

Ventricular fibrillation
Examination of stomach and its contents

Respiratory failure
Examination of the kidney and other organs

Mechanical asphyxia
for irritants
Examination of the uterine contents.
Factors that influence the effect of electrical shock:
Biological test.

Personal idiosyncracy
Examination of some untoward effects of

Disease (cardiac)
abortion.
Infection, toxemia

Sleep
In the fetus:

Electrical voltage, amperage, density of current, nature


Blood examination for paternity and
of the current
maternity.

Resistance of the body, duration of contact


Marks of instrumentation

Point of entry
Signs of physical violence

Earthing
Proof of viability or non-viability
Presence of abortive drugs
Abortion
Presence or absence of malformation
Abortion:
Completeness of the placenta.
Expulsion (forcible) of the contents of gravid uterus
Grounds for therapeutic abortion:
anytime before full term or age of viability.
Cardiovascular condition such as CHF, severe cardiac
arrthymias, repeated hemoptysis.
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Spark burn
Flash burn
Radiation burns

21

Renal condition such as Renal failure.


Advanced TB
Blood dyscrasias
Organic nervous condition such as psychosis
Diabetes, toxic goiter
Hereditary insanity

Reasons why it is difficult to prosecute physicians


committing the crime of abortion:
The crime is performed clandestinely.
The physician has several reasons to justify the act.
The product of conception is removed or disposed.
The pregnant woman is in connivance with the
physician.
Medical society has a lukewarm attitude on abortionist.
Infanticide:
The killing of a child less than 3 days old.
Motives:
To conceal dishonor
Financial reason
Desired number of children has already
been attained.
Congenital abnormality of the child.
Belief that the child will bring bad luck to the
family.
Criminological characteristics:
It is most often committed by the mother.
The criminal act is almost always committed at home.
The crime scene has no disturbance.
The trauma applied si so minimal.
A newly born child found dead was born dead.

Complete examination shows marks of physical


violence.
Examination of the mouth and gastro-intestinal tract
shows signs of poisoning.
Injuries to the air passages and lungs.
Fractures of the bone, lacerations of internal organs.
Toxicology reports of internal organs.

Paternity and filiation:


Paternity: civil status of the father with respect to the child
begotten by him.
Filiation: civil status of the child in relation to its mother or father.
Legal importance:
For succession
For enforcement of the naturalization and
immigration laws.
Paternity and Filiation.
A. Medical evidence
1. Parental likeness
2. Blood group test
3. Evidences from the mother
a. proofs of previous delivery
b. proofs of physical potency and fertility
c. proof of capacity to have access with the
husband
4. Evidences from the father
a. proof of physical potency and fertility
b. proof of access
B. Non-medical evidence
Parental likeness:
General feature
Manner of gesture
Personal pecularities
Personal deformities
How the crime is committed:
Gait, speech, movement
By omission or neglect
Color and texture of hair
By failure to protect the child from heat or
Color of the eyes
cold
General built and size
Failure to take the necessary help of a
Non-conventional method of procreation:
midwife or a skilled physician
Artificial insemination: the semen is introduced into the
Failure to supply the child with proper food.
vagina by means other than copulation
Failure to remove the child from the
In-vitro fertilization
mother`s discharge which resulted to
Artificial inovulation
suffocation.
Type of evidences in infanticide:
Embryo transplantation
Prosecution must show the following proofs:
Parthenogenesis
That the child was born alive.
Cloning
That the child was deliberately killed.
Artificial insemination:
That the child killed was less than 3 days
Types: AIH, AID, AIHD
Indications: failure of coitus, poor motility or paucity
old.
Selections: screening
By commission:
Precautions
Inflicting physical injuries.
Consent
Suffocation
Status of a child
Strangulation
In vitro fertilization
Drowning
Procedure
Poisoning
Possible situations
Burning
Wife (fallopian tube is blocked)
Deliberate exposure to heat or cold
Husband
Shaken baby syndrome
Surrogate mother
Shaken baby syndrome
Sperm donor
Post-mortem findings in infanticide:
Problems:
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Defective baby
Problem of surrogate mother
Status of the child
Basis of legality of in-vitro fertilization:
Right of procreation
Right of marital privacy
Right to decide whether to bear or beget
Right of self-determination.
Marital union:
Causes of sexual dissatisfaction after marital union:
Fear of consequence of repeated abortion
Fear of unwanted pregnancy
Faulty contraceptive methods (inadequate
opportunity for orgasm)
Dyspareunia
(vaginismus,
improper
technique)
Fear of coitus
Emotional frustration due to fertility.
Ignorance of the reproductive process and
genital anatomy.
Aversion to coitus. (frigidity)
No sex desire
Anatomic cause of unsatisfaction in coitus
(tight hymen, size and location of clitoris,
extreme obesity, infantile genital dev.
Disparity in age
Venereal disease
Masturbation preferred to coitus.
Infidelity
Marital union and dissolution:
Causes of non-consummation of sexual act:
Septate hymen, thick hymen, fear of pain or
inability to stand pain, ignorance of genital
anatomy,ignorance of sex technique, fear of
pregnancy, sense of shame regarding sex
and coitus
Contraceptive methods
Condom,
coitus
interruptus,
douche,suppository, safe period, no sex,
vaginal
diaphragm,contraceptive
jelly,external
coitus,lactation,abstinence,
vasectomy
Impotency and Sterility
Impotency- is the physical incapacity of either sex to allow or
grant to the other legitimate sexual gratification.
Causes: age, illness, emotion, hormonal
dysfunction, congenital defects, disease or
accident
Sterility is the loss of power of procreation
Absolute (azoospermia) and oligospermia
Legal importance of impotency:
Impotency, if proven, will overthrow the presumption of
legitimacy.
Impotency may be a ground for the annulment of
marriage.
Impotency maybe a defense in rape.
Impotency maybe a cause to the development of
abnormal sexual behavior.
Impotency maybe a cause for the development of
suicide tendency.

Methods of sterilization:
Male: removal of testis, ligation of tubular
passage of sperm (vasectomy)
Female: removal of ovary, ligation of
fallopian tube
Removal of uterus
Causes of sterility: Male and female
General: pre-pubertal age
Local: congenital conditions, acquired
(disease or trauma)
Disturbance of Mentality:
Insanity: prolonged departure of the individual from his natural
mental state. Inability to adapt oneself to the ordinary
environment.
Factors having positive correlation with the development of
mental disorder.
Heredity
Incestuous marriage
Impaired vitality
Poor moral training and breeding
Psychic factors
Physical factors
Non-toxic
toxic
Factors having positive correlation with the development of
mental disorder.
Heredity
Incestuous marriage
Impaired vitality- grief, mental worry
Poor moral training and breeding
Psychic factors
Physical factors
Toxic
Non-toxic
Manifestations of mental disorders:
1. Disorder of cognition (knowing)
1. Perception: illusion, hallucination
2. Memory: dementia, amnesia
3. Content of thought: delusion, obsession
4. Trend of thought: mania, melancholia
2. Disorder of emotion (feeling)
Exaltation, depression, apathy, phobia, fear of illness
or death
1. Disorder of volition or conation (doing)
Impulsion or impulse (kleptomania, pyromania)
Steps in diagnosis of mental affection:
1. Family history, personal history, information from
relatives, friends and neighbors.
2. Physical examination
3. Instrumentations: EEG, CT scan
4. Mental examinations:

Pyschological testing

Psychiatric evaluation
Mental deficiency:
Classification:
Profound: IQ under 20
Severe: IQ of 20-35
Moderate: IQ of 36-51
Mild: IQ of 52-67
Idiot :IQ of 0-20
imbecile :IQ of 20-40

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Feeble-minded: IQ of 40-70 (moron)
Moral defective
Methods of estimating mental capacity:
Intelligence tests
Intelligence quotient
Other conditions manifesting disturbance of mentality:
Somnabulism
Semisomnolence
Hypnotism or mesmerism
Delirium
Drug Dependence
Dangerous drug
Prohibited drug
Opium, heroin and morphine
Coca leaf, cocaine
LSD
Regulated drug
Sedatives
Amphetamines
Hypnotic drugs
Drug addiction:
Is a state of periodic or chronic intoxication produced by the
repeated consumption of a drug, whether synthetic or natural and
found to be detrimental to the individual.
Characteristics:
An overpowering desire or need
(compulsive) to continue taking the drug or
to obtain it by any means.
A tendency to increase the dose.
A psychological and physical dependence
on the effects of the drug.
A detrimental effect to the society and to
individual.
Pharmacologic Classification of Dangerous Drugs:
Hypnotics
Opiates and their derivatives
Sedatives and tranquilizers
Barbiturates, methaqualone,
Hallucinations and psychomimetics
Marijuana, LSD
Stimulants
Amphetamines,cocaine
Deliriants and intoxicants
Skin popping: subcutaneous cocaine injection
Subcutaneous hemorrhage: cocaine injection
Diagnosis of drug dependence:
Blood
Alcoholism:
Made from ethyl alcohol formed out of the fermentation
of various grains, fruits etc
Provisions of law regarding alcoholism.
Classification of alcoholic beverages:
Wine
Distilled liquor: whiskey, gin,rum, vodka
Malt liquors: ale, beer, stout
Effects of alcohol:
10 mg% Pleasant clearing of the head.
20 mg% Physical feeling of well-being.

50 mg% self-confidence,
inhibitions, diminution of
attention, judgment and control.
100 mg% Intoxicated; under the influence;mental
confusion, incompetency
150-300 mg% Loss of muscular coordination, slurred
speech
>300mg % Stuporous, loss of sphincter control
400 mg% Anesthetic level; death
Degree of intoxication:
Slight inebriation: flushing
Moderate inebriation: talkative, argumentative and
overconfident
Drunk: confused, movement uncontrolled, behavior
uncontrollable
Very drunk: disoriented, motor incoordination, difficulty
in speech
Coma: stuporous or comatose
Diagnostic point of drunkeness:
Alcoholic smell of the breath or vomitus.
Dry furred tongue or with excessive salivation.
Irregular behavior
Congestion of the conjunctiva.
Hesitancy or thickness of speech with impaired
articulation.
Tremor or error of coordination and orientation.
Examination of the blood and urine.
History of having taken alcoholic beverages.
Physical test to determine drunkeness:
Romberg`s test
Let subject stand straight with one foot ahead of the
others. Compare.
Let subject sit comfortably and get samples of
handwriting. Compare.
Let subject bend down and pick up a small object from
the floor.
Let subject walk straight forward to a corner of a room
and back without stopping.
Blood alcohol level:
0.5 % or < - presumed not influenced by alcohol
0.5% to 0.10% - possibly under the influenced of
alcohol.
0.10% to 0.15% - presumption that the person is
drunk.
Why are chronic alcoholics able to tolerate better?
Consumption tolerance
Constitutional tolerance
AIDS/HIV
HIV infection
Acquired Immune Deficiency Syndrome (AIDS)
Misconceptions
Mode of transfer
Best protection
Rights and duties of HIV carrier and AIDS victims:
Discrimination in the workplace
Discrimination in school
Discrimination in hospitals and health institutions
Responsibilities of infected individual

Death by asphyxia
Types of asphyxial death:

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Anoxic death
Anemic anoxic death
Stagnant anoxic death
Histotoxic anoxic death
Phases of asphyxial death:
Dyspneic phase
Convulsive phase
Apneic phase
Classification of asphyxia:
Hanging
Strangulation
Suffocation
Asphyxia by submersion or drowning
Asphyxia by pressure on the chest
Asphyxia by irrespirable gases
Asphyxia by hanging:
The constricting force is the weight of the body.
Mechanism of death
Constriction of the larynx
Compression of veins and arteries
Compression of nerves
The thinner and tougher the ligature, the more
pronounced the mark in the skin
The presence of a noose
Application of ligature
Position of the knot
As to the location of ligature:
Typical
Atypical
As to the amount of constricting force:
Complete
Partial
As to symmetry:
Asymmetrical
Symmetrical
Ligature in hanging:
Materials used in ligature
Noose
Mode of application of the ligature
Position of the knot
Course of ligature around the neck.
Hanging: Investigation
The rule is that hanging is suicidal unless there are
evidences to show that it is not.
Determine whether hanging is ante-mortem or postmortem
Presence of vital reaction
Determine whether hanging is accidental, homicidal or
suicidal
Presence of signs of struggle
Presence of other injuries or defense
wounds
Asphyxia by strangulation:
Compression of the neck by means of a ligature which is
tightened by force
Causes of death:
Asphyxia due to occlusion of windpipe
Coma due to arrest of cerebral circulation
Shock or syncope

Inhibition of the respiratory center due to


pressure ion the vagus and sympathetic
nerves

Asphyxia by hanging:
Time required in the process of death depends on:
Severity of constricting force

Jugular veins 2 kilos

Carotid artery 5 kilos

Trachea 15 kilos

Vertebral artery 30 kilos


Point of application of the ligature of the
knot
Physical condition of the subject
Postmortem findings in hanging versus strangulation:
Hanging
Hyoid bone is frequently injured
Direction of the ligature is inverted V shape
with apex as the site of the knot
Ligature is at the level of hyoid bone
Ligature groove is deepest at the opposite
side of the knot
Vertebral injury is frequently observed
Strangulation by ligature
Hyoid bone is frequently spared
Ligature mark is usually horizontal
Ligature is usually below the larynx.
Ligature groove is uniform in depth in its
whole course
Vertebral injury is not observed
Asphyxia by strangulation:
Strangulation by ligature
Ligature tightened by force
Common in infanticide
Manual strangulation or throttling
Manual strangulation or throttling:
Methods of throttling
Manner of death:
Blockage of air passage
Compression of blood vessels
Compression of the nerves
Suicidal throttling is not possible
Accidental throttling
Common method in infanticide
Special forms of strangulation:
Palmar strangulation
Garroting
Form of judicial execution
Mugging (strangle hold)
As seen in wrestling
Compression of the neck with a stick
Asphyxia by suffocation:
Occlusion of air from the lungs by closure of air
openings or obstruction of the air passageway
Smothering maybe in the form of:
Overlaying
Accidental smothering of epileptic
Gagging
Plastic bag suffocation
Choking:impaction of foreign body in the airway: food,
vomitus, dentures, blood
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Caf`coronary
Asphyxia by submersion or drowning:
Phases:
Respiration de surprise
Phase of resistance
Dyspneic phase
apneic phase
Terminal respiration
Causes:
Typical drowning- asphyxia
Atypical
drowning-cardiac
inhibition,
laryngeal spasm, unconscious
Other condition the body strikes a hard
object in the water, intoxicated, presence of
cramps, cold exposure
Drowning:
Average time for death to occur: 2-5 minutes; the
amount of froth in the respiratory tract is proportional to
the length of survival.
Questions:
Did death occurs prior to entry in the water?
Did drowning cause death?
Were there any ante-mortem injuries?
Were there any post-mortem injuries?
Was there a natural disease or any
evidence of poisoning?
What was the manner of death?
Post-mortem findings:
External findings
Clothes are wet, face is pale
Skin is puckered, pale, contracted (cutis
anserina or gooseflesh)
Penis and scrotum are contracted and
retracted.
Washerwoman`s hand and feet
Mouth half-opened with tongue protruding
Post-mortem lividity is most marked in the
head, neck and chest.
Presence of cadaveric spasm
In suicidal drowning, pieces of stone in the
pockets
Postmortem findings:
Internal findings:
Emphysema aquosum
edema aquosum
champignon d`ocume
Heart: the blood chloride content is greater
in the left side of the heart if drowning took
place in salty water (Gettler`s test)
Stomach: absence of water in the stomach
shows death is rapid or submersion is
made after death.
Brain: congested
Blood: difference in the chloride content, it
becomes dark, decrease hemoglobin
Findings conclusive that the person died of drowning:
Presence of materials in the hands of the victim.
(clenching)
Increase in volume and edema of the lungs.

Presence of water and fluid in the stomach contents.


Presence of froth, foam or foreign bodies in the air
passages.
Presence of water in the middle ear.
Floating of body in drowning:
Body floats within 24 hours of death due to
decomposition (gas formation).
Floating is with flexed extremities, head submerged
tete de nigre dark bloated face as seen in
decomposing body in water.
Compression asphyxia(Traumatic or crush asphyxia)
Exchange of air is prevented by the immobility of the
chest and abdomen due to external pressure or crush
injury:
Assailant may kneel on the chest of the
victim or between arms and legs as in
wrestling.
Sudden fall of earth or masonry
Pinned under the rubble of a collapsed
building.
Crushed in a highway accident.
Crushed in crowd.
Traumatic asphyxia:
Burking:
Burke and Hare
Traumatic asphyxial death
Sitting or kneeling on the chest of the victim
with hands closed on the nostrils and
mouth.
No external marks
Crucifixion
Asphyxia by breathing irrespirable gases:
Carbon monoxide
Carbon dioxide
Hydrogen sulfide
Hydrogen cyanide
Sulfur dioxide
War gases
Carbon monoxide:
Incomplete combustion of carbon fuel.
Also called the silent killer
Its main action is oxygen deprivation since
carboxyhemoglobin is 250X more stable than
oxyhemoglobin.
Symptoms include: mild headache, lethargy, fatigue,
convulsions and coma.
Painless deaths
Use in judicial death by gas chamber.
Carbon dioxide:
Product of complete combustion of carbon containing
compounds.
Found in drainage pipes, deep wells, sewage tanks
Symptoms include hypotension, anesthesia, muscular
weakness,coma, convulsions and death.
Post-mortem findings: cyanotic face, swollen, frothy
mouth, pupils are dilated
Hydrogen sulfide: (H2S)
Decomposition of substances containing sulphur.
Found in septic tank, sewers, deep wells or byproducts
in some industries

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Colorless transparent gas with odor similar to a rotten
egg.
Produce irritation to the eyes, air passages followed by
headache, vomiting, cyanosis and labored breathing.
Post-mortem findings: putrefaction is early, offensive
odor on opening the body
Hydrogen cyanide:
One of the most toxic and rapid acting gases.
Naturally found in bitter almond, kernels of berry,
plums, peaches, bamboo shoots, oil seeds and beans.
As tablet: 60-90 mg is fatal
As vapors: symptoms within seconds and death within
minutes
Post-mortem findings:Body is livid or violet in color.
Lividity is bright red or pink
Sulfur dioxide:
Colorless gas with pungent odor
Found in eruption of volcanoes
Use as disinfectant, bleaching agent
Causes irritation of respiratory system and eyes.
War gases:
Characteristics:
The substance must be heavier than air.
It must be capable of spreading rapidly on
the area where the chemical effects is
desired.
It must be capable of producing effect even
in low concentration.
It may be a true gas, smoke, volatilized
liquid or finely divided solid.
It can be manufactured in big quantity.
It must be stable substance or not easily
made non-toxic by rapid chemical reaction.
It is capable of storage for an ample length
of time.
Classification:
Lacrimator or tear gas
Causes irritation and copious flow of tears.

Chloracetophenone (CAP)

Bromobenzyl cyanide (BBC)

Ethyl iodoacetate (KSK)


Vesicant or blistering gas
Contact with skin causes bleb or blister
formation.

Mustard gas sulfide (yellow


cross,
yperite):dichlordiethyl
sulfide; mustard like odor

Lewisite
(chlorovinyldichlorarsine):odor of geranium
Classification:
Lung irritants (asphyxiant or choking gas)
When inhaled causes dyspnea, coughing,
vomiting, coma and death

Chlorine: yellowish green gas;


pungent iritating odor; death is
due to laryngeal spasm.

Phosgene (COCl2): 10X more


toxic than chlorine but has poor
solubility

Chloropicrin: 4X more toxic than


chlorine

Diphosgene: intense lacrimator


Classification:
Sternutator (nasal irritants or vomiting gases)
Causes coryza, nausea, headache,
vomiting, salivation and chest pain
Paralysants (nerve gas)
Blood poisons
Death of Physical Injuries due to Automotive Crash or
Accident
Factors responsible for automotive crash:
Human factor
Environmental factor
Mechanical factor
Social factor
Pedestrian
Human Factor:
Mental attitude
Reckless driving, inattention, fatigue,
inexperience
Perceptive defect
Defective vision and hearing
Delayed or sluggish reaction time
Disease
Driver suffer from epileptic fit or heart attack
while driving
Chemical factor
Alcohol, drugs, marijuana, CO
Environmental factor:
Poorly maintained road, poor visibility, rain, blind
intersection, parked vehicle, trees, absence of road
signs
Stiff and slippery road prolonged sked time
Mechanical factor:
Defect in the steering wheel, poor brake, transmission
failure,worn out tires
Social factor:
Speed is an added dimension of our life.
Car insurances develop devil may care attitude
Collisions:
First collision
Impact of a moving vehicle with another
vehicle or a fixed object.
Second collision
The impact of the unrestrained occupant
with the interior of the vehicle.
Front impact crash:
Driver
Driver may strike the steering wheel,
windshield, side window and the
dashboard; accordioned car injuries
Front seat passenger
Like the driver; injuries include- abrasions
and lacerations in face and scalp, fracture
of the skull, crashing of the neck, laceration
or rupture of the heart, lacerations and
contusions of the heart, fracture of ribs and
sternum, laceration of liver and spleen.
Rear seat occupants

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Strike the back of the front seat
Side impact crash
Common in street intersections
Injuries more severe because sides of the
car less rigid; ribs fractures, contusions and
lacerations of the lungs
Rear impact crash
Causes whiplash injury
Roll over crash
Injuries from striking the interior of the
vehicle
Because of process of rolling, severe
injuries are rarely seen.
Homicide by motor vehicle:
Simulation of a crash to conceal a prior homicide.
Driver maybe shot while driving
Pedestrian-vehicle collision:
Primary impact:
First contact between the pedestrian and
the vehicle
If the impact is below the center of gravity,
pedestrian moves toward the vehicle;
above the center of gravity, the body is
moving away from the vehicle.
Average height of bumper: 40-60 cms
Bumper fracture: fracture of leg bones
If brake is applied, injuries to the legs are
lower.
Secondary impact:
Impact of the pedestrian to the ground after the first
impact.
This accounts for the multiple contusions and
abrasions on the body.

Run over injuries:


Usually occurs in children
May occur after the initial impact or thereafter
Crash fracture, skid or tire marks, rupture of internal
organs maybe seen
Hit and run injuries:
Injuries sustained from vehicular accident with the
vehicle getting away from the scene without regard to
the unfortunate victim.
Thread marks, abrasion prints of parts of the vehicle
and paints detached from the vehicle found in the body
or crime scene may be compared with the suspect car.
The suspect car maybe examined for blood stain, hair
and clothings.
Evidences in vehicular crash:
From the scene of the crime
Photographs of the scene; skid and tire
marks on the road; condition and position of
the victim;condition of the vehicle involved;
blood, paint stain; narration of the
witnesses
From the driver
Fitness
to
drive;alcoholic
drunkeness;injuries due to second collision
Alcohol blood level: 0.15% and more
considered drunk

From the victim


Crush injury
Tire thread marks
Abrasion marks
Paint marks
Blood, hair or clothings of the victim
Physical defects of the victim
Inebriation of the victim
Purposes of the autopsy:
The examiner can give his opinion as to the deceased
position in the vehicle or the pattern of the injuries
correlated to the point of contact with the vehicle.
Examination will determine the true nature of the
cause of death.
The examiner can form an opinion as to who from
among them survived the longest. (survivorship)
The size of the monetary reward in a civil suit may
depend on the nature and extent of the injuries.

AUTOPSY
Autopsy
It is a comprehensive study of a dead body,
performed by a trained physician employing
recognized dissection procedure and
techniques. Tissues maybe removed for
further examination and preservation.
Autopsy vs Post-mortem Examination

Post-mortem examination- external examination of a


dead body without incision being made. Blood and
body fluids maybe collected for examination.

Autopsy- in addition to external examination, the body


is opened and an internal examination is conducted.
Kinds of Autopsies

Hospital or non-official autopsy

Medico-legal or official autopsy

Hospital Autopsy
Purpose:
o Determine the cause of death
o Provide correlation of clinical diagnosis and
clinical symptoms
o Determine the effectiveness of therapy
o Study the natural course of disease process
o Educating students and physicians

Consent of the rightful person needed.


Medico-legal Autopsy

Purpose:
o Determine the cause, mode and time of
death.
o Recover, identify and preserve evidentiary
material.
o Provide interpretation and correlation of
facts and circumstances related to death
o Provide a factual, objective medical report
for law enforcement, prosecution and
defense agencies
o Separating death due to disease from death
due to external cause for protection of the
innocent.
o

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When shall an autopsy be performed?

Whenever required by special laws.

Upon order of a competent court, a mayor and a


provincial or city fiscal.

Upon written request of police authorities.

Whenever the Solicitor General, Provincial or City


fiscal as authorized by existing laws, shall deem it
necessary to disinter and take possession of the
remains for examination to determine the cause of
death

Whenever the nearest kin shall request in writing the


authorities concerned in order to ascertain the cause
of death.

Persons authorized to conduct autopsies:

Medical health officers

Medical officers of law enforcement agencies

Members of the medical staff of accredited hospital


Guidelines in the performance of autopsies:

It should follow the protocols in conducting autopsies.

It must be comprehensive.

Bodies which are mutilated, decomposing or burned


are still suitable for autopsy.

Autopsies must be performed in a manner which show


respect of the dead body.

Proper identity of the deceased autopsied must be


established in non-official autopsy.

A dead body must not be embalmed before autopsy.

The body must be autopsied in the same condition


when found in the crime scene.
Stages in the conduct of Autopsy:

Preliminary examination
o Examination of the surrounding
o Examination of the clothing
o Identity of the body

External examination
o Examination of the body surfaces
o Determination of the position and
approximation time of death

Internal examination
Mistakes in autopsies:

Error or omission in the collection of evidence for


identification.
o Failure to take photographs, fingerprints

Error or omission in the collection of evidence required


for establishing the time of death
o Failure to report rectal temperature.

Error or omission in the collection of evidence required


for other medico-legal examination.
o Failure to collect nail scrapings, sample of
hair,, seminal fluid

Error or omission result in the production of


undesirable artifacts or in the destruction of valid
evidence.
o Using hammer and chisel to open skull
Negligent autopsy:

Failure to have an adequate history or facts and


circumstances surrounding the death.

Failure to make a thorough external examination.

Inadequate or improper internal examination.

Improper histological examination.


Lack of toxicological or other laboratory aids.
Pathologist incompetence
CAUSES OF DEATH
Cause of Death

It is the injury, disease or the combination of both


responsible for initiating the trend or physiologic
disturbance, brief or prolonged, which produces the
fatal termination.

Cause of Death

Immediate (primary) cause of death: it is when trauma


or diseases kill quickly that there is no opportunity for
sequelae or complications to develop.

Proximate (secondary) cause of death:it is when the


injury or disease was survived for a sufficiently
prolonged interval which permitted to the development
of serious sequelae which actually caused the death.
Mechanism of death

It is the physiologic derangement or biochemical


disturbance incompatible with life which is initiated by
the cause of death. Ex: hemorrhagic shock, sepsis,
respiratory depression.
Cardio-respiratory arrest should never stand as the
cause of death.

Manner of Death

It is the explanation as to how the cause of death


came into being or how the cause of death arose.
Natural: death is caused solely by a disease.
Violent or unnatural death: death due to injury of any
sort.

Medico-legal Masquerade

Violent deaths maybe accompanied by minimal or no


external evidence of injury or natural death maybe
accompanied by signs of violence.
Degree of certainty to the cause of death:

When the structural abnormalities established beyond


doubt the identity of the cause of death.

When there is that degree of probability amounting to


almost certainty the cause of death.

When the cause of death is established primarily by


historical facts.

When neither history, laboratory and anatomic findings


is sufficient to determine the cause of death but merely
speculate as to the cause of death. (probably)
Instantaneous physiologic death:

Sudden death within seconds or minutes after a minor


trauma or peripheral stimulation. Circulatory failure is
caused by vagocardiac stoppage of heart and
dilatation of blood vessels. (urination, kick in the
scrotum)

Death by inhibition: diagnosis by exclusion

Diseases with no pathognomic findings:


o Sudden infant death syndrome
o Sudden unexplained nocturnal death

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For cases where there is no working diagnosis upon


death, the cause of death should be undetermined.
Medico-legal Classification:

Natural death

Violent death
o Accidental death
o Negligent death
o Infanticidal death
o Parricidal death
o Murder
o Homicidal death
Natural death

Affection of the CNS

Affection of the circulatory system

Affection of the respiratory system

Affection of the gastrointestinal tract

Affection of the genito-urinary tract

Affection of the glands

Sudden death in young children

If violence was applied on a dead person, the person


inflicting the physical injuries cannot be guilty of
murder, homicide or parricide.

If the violence inflicted on a person suffering from a


natural disease only accelerated the death of the
victim, the offender inflicting such violence is
responsible for the death of the victim.

If the victim died of a natural cause and the physical


injuries inflicted is independent of the cause of death,
the accused will not be responsible for the death but
merely for the physical injuries he had inflicted.

To make the offender liable for the death of the victim,


it must be proven that the death is the natural
consequence of the physical injuries inflicted.

The physician must determine for the interest of justice


with absolute care at autopsy and laboratory
examination the real cause of death.
Violent death
The following should be established:
o The the victim at the time the physical
injuries were inflicted was in normal health.
o That the death maybe expected from the
physical injuries infected.
o That the death ensued within a reasonable
time.
Classification of trauma or injuries:

Physical injury

Thermal injury

Electrical injury

Atmospheric injury

Chemical injury

Radiation injury

Infection

Refusal of the victim to submit to a surgical operation


do not relieve the accused from the natural and
ordinary result of the felonious act and does not relieve
him of his criminal liability.

The presence of infection on the wounds inflicted if not


deliberately induced by the victim makes the offender
also responsible for it.

Penal Classification of Violent Death:


A.Accidental death

Death due to misadventure or accident


Elements of provision:
A person is performing a lawful act.
He performed it with due care.
He caused injury to another by mere
accident.
He is without fault and with no intention
of causing it.

B. Negligent death
o

Death due to reckless imprudence,


negligence, lack of skill or lack of foresight

C. Suicidal death
o
o
o
o

Acts punishable in giving assistance to


suicide
The offender assisted in the commission of
suicide which was consummated.
The offender gave assistance in the
commission of suicide to the extent of doing
the killing himself which is consummated.
The offender assisted another in the
commission of suicide which is not
consummated.

D. Parricidal Death
Requisite for the crime:
o A person was killed by the offender.
o The person killed was the father, mother, or
child whether legitimate or illegitimate in
relation with the offender, or other legitimate
ascendants, or descendants or spouse of
the offender.
E. Infanticidal Death

Requisite to a crime:
o A person was killed.
o The person killed was a child less than 3
days old.
F. Murder
Requisite for the crime of murder.
o The offender killed the victim.
o The killing was attended by any of the
qualifying circumstances mentioned;
o There was the intent of the offender to kill
the victim.
o The killing is not parricide or infanticide.
G. Homicidal Death
Requisite of the crime of Homicide:
o The victim of a criminal assault was killed;
o The offender killed the victim without any
justification.
o There is the intention on the part of the
victim and such presumption can be
inferred from the death of the victim.

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30
That the killing does not fall under the
definition of the crime of murder, parricide
and infanticide.
Death under special circumstances:

Death caused in a tumultuous array

Death or physical injuries inflicted under exceptional


circumstances.

Pathological classification of the causes of death.

Death from syncope


o Death from sudden cessation of heart
action

Death from asphyxia


o Death from low or absent oxygen in the
blood and tissues.

Death from coma


o Death resulting from arrest in the function of
the brain.
Special Deaths

Judicial death

Euthanasia

Suicide

Death from starvation


o

Judicial Death

Death by electrocution

Death by lethal injection

Death by hanging

Death by musketry

Death by gas chamber

Others
o Beheading
o Crucifixion
o Stoning
o Smothering
Euthanasia
Types of euthanasia
o Active euthanasia

Active euthanasia in demand


o Passive euthanasia

Orthothanasia when an
incurably ill person is allowed to
die a natural death without the
application of any operation or
treatment.

Dysthanasia when there is an


attempt to extend the life span of
a person by the use of
extraordinary treatment without
which the patient would have
died earlier.
Who may perform euthanasia

The patient himself.

The physician, with or without the knowledge and


consent of the patient.
Suicide:

It is an unfortunate consequence of mental illness and


social disorganization.

Rare in children, common in adults and elederly.

Male > female

Usually occurs at home.


Psychological classification of suicide:
o First degree deliberate, planned
o Second degree impulsive, unplanned
o Third degree accidental
o Suicide which suggest lack of capacity for
intention.(ex. psychotics)
o Self destruction due to self negligence.
(reckless driving)
o Justifiable suicide (incurable diseases)
Evidences that will infer death is suicidal.

History of depression, mental disease or unresolved


personal problem.

Previous attempt of self destruction.

In committed by inflection of physical injuries, the


wounds are located in areas accessible to the hand,
vital parts of the body and usually solitary.

Others: presence of cadaveric spasm in in hand


holding the gun; bottle of poison;absence of signs of
struggle.

Presence of suicide note.

Suicide scene in a place not susceptible to public view.


Death from starvation:

Types:
o Acute starvation
o Chronic starvation

Causes:
o Suicidal
o Homicidal
o Accident
o
BURNS
Burns: 1st degree
Burns: 2nd degree
Burns: 3rd degree
Burns: 3rd degree
1. Scalding burns
2. Charred bodies:
3. Chemical burn
4. Chemical burn
5. Electrical burn
6. Electrical burns
Indication for admission:
- 2nd and 3rd degree burns greater than 10% of total body
surface area in patients under 10 or over 50 years of
age

2nd and 3rd degree burns greater than 20% of total


body surface area in other age groups.

2nd and 3rd degree burns involving the face, hands,


feet, genitalia, perineum and major joints

3rd degree burns greater than 5 % in any age group.

Electrical burns, lightning injury]

Chemical burns

These are the official 2014 Gulp Club 7 Hand Outs for Legal Med prepared and released by members of the Gulp Club 7 and are distributed
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Inhalational burns

Burns in patients with pre-existing medical problems

Burns patients with other traumatic injuries such as


fracture, cerebral traum
-Burn injury in patients requiring special social,
emotional and/or long term rebilitative support such as
drug depedents.

These are the official 2014 Gulp Club 7 Hand Outs for Legal Med prepared and released by members of the Gulp Club 7 and are distributed
only in soft copy primarily and exclusively to the GULP CLUB 7 members.

32

These are the official 2014 Gulp Club 7 Hand Outs for Legal Med prepared and released by members of the Gulp Club 7 and are distributed
only in soft copy primarily and exclusively to the GULP CLUB 7 members.

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