Chapter III MEDICO-LEGAL ASPECTS OF IDENTIFICATION

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

thing.
importance of Identification of Person:
1. In the prosecution of the criminal offense, the identity of the offender and that of
the victim must be established, otherwise it will be a ground for the dismissal of the
charge or acquittal of the accused.
2. The identification of a person missing or presumed dead will facilitate settlement
of the estate, retirement, insurance and other social benefits. It vests on the heirs
the right over the properties of the identified person.
If identity cannot be established, then the law on presumption of death (Art.
390, Civil Code) must be applied which requires the lapse of seven years before a
person can be presumed dead. In special instances, the seven years period may be
reduced to four years (Art. 391, Civil Code).
3. Identification resolves the anxiety of the next-of-kin, other relatives and friends as
to the whereabouts of a missing person or victim of calamity or criminal act.
4. Identification may be needed in some transactions, like cashing of check,
entering a premise, delivery of parcels or registered mail in post office, sale of
property, release of dead bodies to relatives, parties to a contract, etc.
Rules in Personal Identification:
1. The greater the number of points of similarities and dissimilarities of two persons
compared, the greater is the probability for the conclusion to be correct. This is
known as the Law of Multiplicity of Evidence in Identification.
2. The value of the different points of identification varies in the formulation of
conclusion. In a fresh cadaver, if the fingerprints on file are the same as those
recovered from the crime scene, they will positively establish the identity of the
person while bodily marks, like moles, scars, complexion, shape of nose, etc. are
merely corroborative. Visual recognition by relative or friends may be of lesser value
as compared with fingerprints or dental comparison.
3. The longer the interval between the death and the examination of the remains for
purposes of identification, the greater is the need for experts in establishing
identity. The process of taking fingerprints and its examination under a magnifying
lens requires the services of an expert. When putrefaction has set in, the external
bodily marks useful in identification might be destroyed so that it is necessary to
resort to an anatomical or a structural examination of the body which requires
knowledge of medicine' and dentistry.

4. Inasmuch as the object to be identified is highly perishable, it is necessary for the

team to act in the shortest possible time specially in cases of mass disaster.
5. There is no rigid rule to be observed in the procedure of identification of persons.
Methods of Identification:
1. By comparison Identification criteria recovered during investigation are
compared with records available in the file, or postmortem finding are
compared with ante-mortem records. Examples:
a. Latent fingerprints recovered from the crime scene are compared with the
fingerprints on file of an investigating agency.
b. Dental findings on the skeletal remains are compared with the dental
record of the person in possession of the dentist.
2. By exclusion If two or more persons have to be identified and all but one is not
yet identified, then the one whose identity has not been established may be known
by the process of elimination.
IDENTIFICATION OF PERSONS
The bases of human identification may be classified as:
1. Those which laymen used to prove identity No special training or skill is
required of the identifier and no instrument or procedure is demanded.
2. Those which are based on scientific knowledge Identification is made by
trained men, well-seasoned by experience and observation, and primarily
based on comparison or exclusion.

ORDINARY METHODS OF IDENTIFICATION

Points of Identification Applicable to the Living Person Only:
1. Characteristics which may easily be changed:
a. Growth of hair, beard or mustache This may easily be shaved or grown
within a short time. Arrangement may be changed. artificial hair may be worn
or ornamentation may be placed to changed its natural condition.
b. Clothing A person may have special preference for certain form, texture, or
style. Certain groups of people are required to have specific cut, color or
design, as in uniforms, worn by students, employees of commercial or
industrial establishment, or groups of professionals.
c. Frequent place of visit A person may have a special desire or habit to be in
a place if ever he has the opportunity to do so. "Sari-sari" stores, barber
shops, coffee shops, beer gardens and recreation halls are common venues of
visit of certain class of people. A wanted criminal may suddenly prevent

himself from going to the place he used to visit for fear that he may be
apprehended.
d. Grade of profession A medical student of the upper clinical year may be
recognized by the stethoscope; a graduate or student nurse by her cap, a
mechanic by his tools, a clergyman by his robe, etc. A change of grade, trade,
vocation or profession may be resorted to as a means of concealing identity.
e. Body ornamentations Earrings, necklaces, rings, pins, etc. usually worn by
persons may be points to identify a person from the rest.
2. Characteristics that may not easily be changed:
a. Mental memory A recollection of time, place and events may be a clue in
identification. Remembering names, faces and subjects of common interest may be
initiated during interview to see how knowledgeable a person is.
b. Speech A person may stammer, stutter or lisp. However, if the manner of
talking is due to some physical defects, like harelip and cleft palate, that have been
corrected by surgery, there may be a change in his manner of speech.
The manner of talking and the quality of the voice are dependent on the
vocal cavities (throat, mouth, nose and sinuses) and his manner of manipulating the
lips, teeth, tongue, soft palate, and jaw muscles. The chances of two or more
persons having the same size of vocal cavities and the same manner of articulation
are remote and unlikely. Whispering, muffling and nose-holding do not change the
speech characteristic. The speech may be recorded and preserved in a good tape
recorder. A known standard may also be recorded for purposes of comparison.
Identification can be achieved through the sound spectrographs analysis
c. Gait A person, on account of disease or some inborn traits, may show a
characteristic manner of walking.
(1) Ataxic gait A gait in which the foot is raised high, thrown forward and brought
down suddenly is seen in persons suffering from tabes dorsalis.
(2) Cerebellar gait A gait associated with staggering movement is seen in
cerebellar diseases.
(3) Cow's gait A swaying movement due to knock-knee.
(4) Paretic gait Gait in which the steps are short, the feet are dragged and the
legs are held more or less widely apart.
(5) Spastic gait A gait in which the legs are held together and move in a stiff
manner and the toes dragged.
(6) Festinating gait involuntary movement in short accelerating steps.
(7) Frog gait A hopping gait resulting from infantile paralysis.

(8) Waddling gait Exaggerated alternation of lateral trunk movement similar to

the movement of the duck.
In the normal process of walking the rear portion of the heel is placed on the
ground. This is subsequently followed by the other parts of the heel and the sole of
the foot is pressed on the ground. The toes are the last to be pressed followed by
the lifting of the foot making another step forward. The pressure at the rear portion
of the heel and in the region of the toes is the most forceful, hence the impression is
the most.
During the process of running the foot marks are less distinct because of the
slipping of the foot and the sand or soil thrown into the marks by the pressure of the
tip of the toes.
Gait Patterns:
A scientific investigation of the gait pattern may be useful for purposes of
identification and investigation of the crime scene. Gait pattern is the series of foot
marks by a person walking or running. Examination of the gait includes the direction
line, gait line, foot angle, principal angle and the length and breadth of the steps.
(A) Direction line expresses the path of the individual.
(B) Gait line The straight line connecting the center of the succeeding steps. It is
more or less in zigzag fashion especially when the legs are far apart while walking.
Stout, elderly people and those who want stability while walking have a more zigzag
gait line.
(C) Foot line The longitudinal line drawn on each foot mark. There may be a
difference in the foot line of the left and right foot.
(D)Foot angle The angle formed by the foot line and the direction line. In normal
walking the foot angle is very characteristic of a person and cannot be altered
immediately. However, it may be altered when a person is running, carrying a heavy
weight or moving on a rugged terrain.
(E) Principal angle The angle between the two succeeding foot angles.
(F) Length of step When the distance between the center points in two
successive heel prints of the two feet exceeds 40 inches, there is a strong
presumption that the person is running.
(G) Breadth of step The distance between the outer contours of two succeeding
foot marks or steps. The more apart the legs are while walking, the greater is the
breadth of the step. (Crime Detection by Ame Svensson & Otto Wendel, p. 58)
d. Mannerism Stereotype movement or habit peculiar to an individual. It may be:
(1) Way of sitting.
(2) Movement of the hand.
(3) Movement of the body.
(4) Movement of the facial muscles.

(5) Expression of the mouth while articulating.

(6) Manner of leaning.
e. Hands and feet Size, shape and abnormalities of the hands and feet may be
the bases of identification. Some persons have supernumerary fingers or toes far
apart with bony prominence. Some fingers or toes are with split nails.
Foot or hand marks found in the investigation of the crime scene may
be:
(1) Foot or hand impression This develops when the foot or hand is pressed
on moldable materials like mud, clay, cement mixture, or other semi-solid
mass. The impression can be preserved by making a cast of it with plaster of
Paris.
(2) Footprint or handprint This is a footmark or handmark on a hard base
contaminated or smeared with foreign matters like dust, flour, blood, etc.
f. Complexion Complexion can be determined when the whole body is exposed
preferably to ordinary sunlight. Dark complexion may be found fair with the use of
bleaching chemicals, while fair complexion may temporarily be made dark with the
use of an ointment with a dark pigment. Exposed parts of the body usually appear
darker than those covered with clothing.
g. Changes in the eyes A person identified because he is nearsighted, far-sighted,
color blind, astigmatic, presbyopic, or crosseyed. The eye may have arcus senilis,
artificial pupils, irregular marks of the spectacles or cataract. Color of the iris, shape
of the eyes, deformity of the eyeball and the presence of disease are useful bases of
identification.
h. Facies There are different kinds of facial expressions brought about by disease
or racial influence.
(1) Hippocratic facies The nose is pinched, the temple hollow, eyes sunken,
ears cold, lips relaxed and skin livid. The appearance of the face is indicative of
approaching death.
(2) Mongolian facies Almond eyes, pale complexion, prominence of cheek
bones.
(3) Facies Leonine A peculiar, deeply furrowed, lion-like appearance of the
face. This may be observed in leprosy, elephantiasis and ,leontiasis ossia.
(4) Myxedemic facies Pale face, edematous swelling which does not pit on
pressure, associated with dullness of intellect, slow monotonous speech, muscular
weakness and tremor.