Professional Documents
Culture Documents
judicial proceeding the truth respecting a matter of house. There he saw a female cadaver lying on the
fact (Sec. 1 Rule 128, Revised Rules on Evidence). floor with a stab wound on the breast.
Corollary thereto, Scientific evidence, may In this case, the only direct evidence to
be defined as the means sanctioned by law, of which the policeman can testify would be to the fact
ascertaining in a judicial proceeding the truth that he saw the man coming out of the house with a
respecting a matter of fact, wherein scientific bloody knife where the scream came from. The
knowledge is necessary. Such scientific evidence prosecutor may establish a conclusion that the man
must have such a relation to the fact in issue as to with the bloody knife is the criminal by inference
induce belief in its existence or non-existence. form the facts testified to by the policeman.
Evidence on collateral matters shall not be Under the present law, Circumstantial evidence is
allowed except when it tends in any reasonable sufficient for conviction if:
degree to establish the probability or improbability (a) there is more than one circumstance;
of the fact in issue. (b) the facts from which the inferences are
divided are proven; and
Evidence may be (a) direct; (b) indirect, (c) the combination of all circumstances is
which includes circumstantial evidence; and (c) such as to produce conviction beyond reasonable
hearsay. doubt.
(a) Direct evidence is that which senses (c) Hearsay evidence is a statement made by a
perceive. Any fact to which a witness testifies based witness or the authority of another and not from his
on what he saw, heard, smelled, touch or tasted, is own personal knowledge or observation. Hearsay
direct. evidence is inadmissible except on the following:
In most cases, no witness is present at the 1. dying declaration
scene of the crime, or even if there is/are witnesses, 2. res gestae
he/they are not willing to testify. The necessity of 3. declaration against interest,
resorting to other means of proof is essential. 4. family reputation or tradition regarding pedigree
Crimes are done secretly. Usually the perpetrator 5. common reputaion
seeks darkness and remoteness in order to cover his 6. part of res gestae
misdeeds. Hence, it is necessary to use all other 7. entries in the course of business
available modes of procuring evidence in order to 8. entries in official records
establish and prove a case in court. 9. testimopny or deposition at a former proceeding.
Rh System discovered by Landsteiner and Weiner The seminal fluids contains certain substances
in 1940. The red blood cells are either classified as called flavins which help give a yellowish color to
7
semen and caused it to fluoresce under VIOLET animal and plant cells, but in large
LIGHTS concentrations in human semen.
1. Seizure of wearing apparel must be done as Questioned document- any document about which
soon as possible. some issue has been raised or under scrutiny.
2. In packing wearing apparels there should be
no friction between the apparel and the Disputed document- suggest that there is an
stain. Semen in dried condition is very argument over the document.
brittle and is capable of breaking into small
particles which can be lost. FRICTION nay CLASSES OF QUESTIONED DOCUMENT
cause the breaking of the spermatozoa. 1. Document with questioned signatures
3. Specimen should not be rolled for transmit. 2. Document with alleged fraudulent
4. Smaller objects like hair should be placed in alterations
a test tube covered with corked. Alteration: fraudulent changes made after the
5. Specimen must be thoroughly dried before documents original preparation. Methods of
packing. Presence of moisture contains alteration:
certain bacterium which acts on the protein By erasure- takes in a form of:
constituents of semen, digest the dried a. Mechanical means, example: rubber
protein and thus destroy its stiffness. eraser, blade
6. Fluid semen should be placed in a test tube. b. Chemical means, liquid eraser
It may be preserved by a few drops of 10% By obliteration- obscuring the writing by a
solution of formalin during hot weather serried of x-types, lines, and smears
there is danger of putrefaction. By addition- insertion of an extra matter on
a document after original preparation.
OTHER STAINS OF MIDICO LEGAL By substitution- replacing original entries
INTEREST with another
1. Obsterical and Gynecological Stains \by interlineations/ insertions- insertion
2. Encrements between line or paragraphs
3. Paint Stains
4. Rust Stains
CLASSES OF QUESTIONED DOCUMENT
5. Synthetic Dye Stains
6. Mineral Stains EXAMINATION
7. Stains of Vegetable Origin 1. CRIMINALISTICS EXAMINATION
2. HANDWRITING IDENTIFICATION
Flame
ARSON
is an exothermic, self sustaining , oxidizing
chemical reaction producing energy and glowing
Arson is one of the most heinous crimes committed hot matter.
by a human being. The flame gives the light which is
composed of glowing particles of burning material
Arson, as defined by the law is the intentional act of and luminous gases
setting fires to buildings and properties. It covers all Exothermic reaction- is produced when oxidation
kinds of: (Oxidation is the loss of electrons or an increase in
buildings and structures, oxidation state by a molecule, atom, or ion) is
crops and forest combine chemically to oxygen that releases heat
Personal property of another and own energy. It simply means that the active principle of
property burning is characterized by FUEL, HEAT and
If burned with intent to defraud an insurer of OXYGEN
such property. Intention to commit arson
implies that the act was done intentionally. MATTER is anything that has mass and occupies
space.
CORPUS DELICTI OF ARSON FLAME itself is a mixture of gasses----vaporize
1. That there was fire fuel, oxygen, carbon dioxide, carbon monoxide,
2. That the fire was of human origin and water vapour and many other things. Which makes
occurred by incendiary means FLAME a MATTER.
3. That the fire was caused willfully and However, the light produced by the flame is
maliciously energy, not MATTER. The heat produced is also
energy not MATTER.
ROLE OF MOTIVES IN ARSON CASES
Motive is not an element of arson, thus, THEORIES OF FIRE
conviction can be obtained even the prosecution is 1. Theory of fire triangle- elements of fire:
unable to show any motive that may influenced the a. Fuel
acts of the accused. b. Oxygen
c. Heat
TYPES OF MOTIVES 2. Fire tetrahedron theory- elements of fire:
Tax fraud a. Fuel
Crime cover up b. Oxygen
Pyromania c. Heat
Intimidation d. Self sustaining chemical reaction or
Destroy records Chemical reactivity
Elimination of competitors
Revenge COMBUSTION- refers to the burning of fire.
TWO FOCAL POINTS OF FINGERPRINT shoulders, the core is placed upon the end of the
a. DELTA (outer terminus) farther one of the two center rods, the two center
b. CORE (inner terminus) rods being treated as though they were connected by
a recurving ridge.
TYPE LINE are the two innermost ridges that start Fingerprint pattern divisions
parallel, diverge, surround or tend to surround the 1. Arches 5%
pattern area. 2. Loops 65%
PATERN AREA the area surrounded by the type
3. Whorls 30%
lines where the core; delta and ridges are located.
DELTA is defined as the first obstruction at or in
front of and nearest the center of h point of Arches- a pattern in which the ridge flows from one
divergence of the type lines. side to the other side without recurving. It has no
Delta may appear in the pattern area in any of the delta and core.
following ridge characteristics: Elements of an arch:
Bifurcation
The ridges flow without recurving
Short ridge
Ending ridge No delta and core
Convergence No ridges count
Dot
Loops- a pattern in which the ridges start at one side
RULES IN SELECTING A DELTA of the pattern goes towards the upper corner of the
opposite side, then recurve and start back toward the
RULE 1 the delta may not be located at the
bifurcation which does not open towards the core. side from which they came originally, forming loop
RULE 2 when there is a choice between a with core at the center and a delta at the edge of the
bifurcation and another type of delta, the bifurcation pattern area.
is selected.
RULE 3 if there are series of bifurcation opening Elements of loop:
towards the core equally close to the point of There must be a sufficient recurve
divergence of the type lines, the delta nearest to the
core shall be selected. There must be a delta and core
RULE 4 when there are two or more deltas which There must be a ridge count of at least one
conform to the definitions, the one nearest the core
is chosen. Whorls- a pattern in which the formation of the
RULE 5 the delta may not be located in the middle ridges are usually circular or spiral. It has two or
of a ridge running between the type lines toward the more deltas.
core, but at the near end only.
2. Smokeless- which can be either single open and exude the particles of the
based; consisting of nitrocellulose and gunpowder residue. These particles
nitroglycerine (glycerol nitrate). Certain are collected by the paraffin cast
inorganic and organic compounds are and will appear as blue specks,
added as stabilizers. when the diphenylamine reagent on
B. Types of explosives the cast. The specks are generally
1. Mechanical – such as those caused by located on the area of the thumb
expansion of gas producing high and forefingers
pressure beyond capacity of the .
container. The blue colors that appear indicate
2. Atomic- resulting from atomic the reaction of the nitrates with
transformations. diphenylamine reagent. Thus nitrate
3. Chemical- produced thru the extremely from other sources like fertilizers,
rapid transformations of the unstable will give the same reaction. Other
substances accompanied by the substances similar to nitrate known
formation of the heat. as oxidizers will also react with the
reagent in the same way. Thus, the
C. Classifications of explosives location, distribution and character
The speed of the chemical reaction or of the specks are considered to
detonation of the explosives determines eliminate the other possible sources
then classification of explosives as low, of oxidizers.
initiating or high explosives.
1. Low explosives are low burning and are The FBI employed neutron-
used mainly as propellants, like black activation analysis which is a more
powder and smokeless powder. specific test. This requires access to
2. Primary or initiating explosives are a nuclear reactor and facilities for
extremely sensitive to detonation by detecting the radiation.
heat, shock friction and impact. They B. Gunpowder residue test
detonate without burning, like lead The diphenylamine reagent is also
oxide and mercury fulminate. applied in cotton swabbing at the
3. High explosives have very fast or high barrel and chambers of the gun
detonating rate, like dynamite TNT and determine if the firearm was fired.
RDX Again a deep blue color resulting
from the reaction nitrates with
METHOD EXAMINATIONS reagent indicates presence of
A. Paraffin-diphenylamine test gunpowder residue.
To determine whether a person has C. Gunshot range determination
fired a gun, the paraffin- When gun is discharge, gunpowder
diphenylamine test is used. The residue may also be deposited on
basis of this test is the presence of the cloth or clothing of the victim.
nitrates in the gunpowder residue. The size and density of the pattern
The basis of this test is the presence of gunpowder residue found on the
of nitrates in the gunpowder clothing are the main factors
residue. Warm melted-paraffin wax considered in determining the
applied on the hands of the firer approximate distance of the firer to
will cause the pores of the skin to the victim. As the distance to the
16
hair to a size of room we may consider looking for c. Calculate the medullary index
hair to be looking for a needle in a haystack. (proportionate size)
d. Record its scale size and shape
Frequently, hair is an important piece of evidence in
cases involving rape. In this instance the assailant’s If the hair is considered to be animal origin,
pubic hair can be found with the victim’s and the kind of animal can be determines by
possibly on the victim’s clothing. A thorough search comparing the hair to be established
of a crime scene will include the use of vacuum. If standards. If the hair is considered human, a
vacuum is not available a rounded lens may be used comparison with the suspect’s hair may be
and flashlight to a dim part of the crime scene. If made, based on individual characteristics.
hairs are found , they should be placed individually Is a hair is found at the crime scene with a
in clean vials or match box type containers. They root adhering to it, it can be determined
should never be placed more than one per container whether the hair was pulled out or fell out
and they should never be taped to a surface. naturally. If the root is dry and somewhat
shrunken, the hair was not forcibly ripped
COLLECTION OF HAIR FROM THE SUSPECT off from the follicle. A distinct, round fresh
FOR COMPARISON root implies the hair was pulled.
Hair should be collected from a suspect by a series
of strokes with a fine clean comb and places in a FIBERS
sealed container. Several dozen hairs should be As earlier mentioned, it is simple in
taken from various body regions of the suspect. If it the lab to differentiate between a fiber and a
is necessary to cut hair with scissors, it should be human hair. Human and animal hairs have
cut as near as the skin as possible. The investigator characteristics which is lacking in the
should attempt to gain approximately one hundred various fibers. In addition fibers lack the
hairs to allow for optimum comparison study. medulla, the cortex, and so forth that are
special constituents of hair. The analyst can
LABORATORY EXAMINATION compare fibers with a set standard and
1. Is it hair? determine if they came from garments.
To the untrained observer, hair can easily b Cross section of the fiber reveals
confused with threads or countless other characteristics that aid in their
fivers found at the crime scene, but to the identification.
lab analyst “NOTHING LOOKS LIKE
HAIR EXCEPT HAIR” Comparison of fibers
Microscopic examination will reveal the The most significant form of fiber evidence is that f
cuticle, cortex and medulla in a hair torn cloth. These are actually fracture pattern
specimen that are absent in fibers and comparison. The first comparison is of the actual
threads. gross fracture pattern. Second, the weave pattern
2. Is it hair of animal or human origin? can be compared. Third, the material itself can be
The most important indicator as to the analyzed so that fibers can be compared with other
human or animal hair question is the fibers for similarities. Consideration should be
medulla index. The medulla index is the given to the color of the fiber, the amount of wear,
ratio of the size of the medulla to the and many contaminates that might be present.
diameter of a shaft. In addition to the Much work needs to be done on fiber comparisons.
medullary index, the diameter of the hair In addition to the type of fiber and the color, the
itself is important. Very fine and very thick laboratory analyst must estimate probabilities of the
hair is not human origin, because human occurrence of the same characteristics from some
hair falls only between 50 to 150 microns in other fiber source. Some work in field can narrow a
diameter. blue wool fiber, for instance, to the probabilities of
When determining whether hair is 1:8000 of accidental duplication by other sources.
animal or human, the laboratory
investigator examines the hair to Value of fibers as evidence
a. Ascertain its diameter The clothing of persons involved in crimes of
b. Observe its medulla pattern personal violence is a source of valuable clues. The
18
fibers form the clothing may adhere to the person of change in viscosity as to be, for all practical
the victim. In hit and run cases fibers from the purposes, rigid.
victim’s clothing may be found on the radiator ,
grille or tires of the vehicle. Since fibers very
Theoretically
widely in composition as mentioned earlier, the
following examples illustrate the value of these 1. Glass is somewhat flexible; it tends to bend
clues. upon application of force.
a. Rape- the victim of a homicide had been 2. Glass bends on the direction where force is
trussed with a three-strand rope. The applied causing the opposite side to stretch.
probable manufacturer of the rope was 3. Glass can withstand more bending rather
located. It was possible to identify the rope than stretching causing the opposite side to
by marks of the machine that had been used start breaking.
in a certain period and by means of the
characteristics and physical property of the Types of Glass Fracture
substance that had been used for 1. Radial Fractures- primary fracture
impregnation. resembles the spokes of a wheel where the
b. Cloth and string- parts of the dismembered radiating rod originates at a common point.
body of a woman were discovered in 2. Concentric fractures- secondary fracture
different location. Each part was found in a having the appearance of circles around the
package, wrapped in the same type of cloth point of impact connecting one radiating
and tied with the string made from twisted crack to the other, thus forming triangular
paper. It was found after diligent search that pieces of glass.
the cloth and string had been obtained at a
small store devoted to the manufacture of Significance of Determining the Types of glass
window shades. Further investigation Fracture
revealed that the suspect lived in a room on From the study of the types of a glass
the nearby store/shop and could have
fractures, one may arrive on the following
obtained the cloth and string from the piles
of crap in the rear of the building. conclusions:
1. Point of Impact- the front of the glass can
Types of fibers be determined due to the accumulation of
a. Animal- a number of fibers are derived dust and dirt on the glass.
from animal product, the most 2. Direction of Impact- a bullet will make a
important being wool, silk, camel’s hair clear-cut hole in the side of the entrance
and fur. rather than on the exit side. If a shot is fired
b. Vegetable- this class includes most of perpendicularly, it will give a crater of
the inexpensive clothing fibers, like uniform flaking. If the shot is fired at an
cotton, linen, jute, hemp, ramie and angle from the right, the left exit side of the
sisal. glass will give more flaking and vice versa.
c. Mineral and synthetics- first provide Depression will be produced on the exit
useful fibers like glass wool and side of the glass due to the rebound of the
asbestos which is used for safe glass. Radial fracture can be seen on the
insulation, while the latter is applies exit side and the concentric fracture on the
chemistry which produced a number of entrance side.
fibers like rayon, nylon and Dacron. 3. Cause of Fracture- Glass Fractures may be
due to the following:
a. Due to Natural Means- exhibits a plain
GLASS FRACTURES wavy lines.
b. Due to Mechanical Means- exhibits a
Glass Defined regular pattern of radial/concentric
Glass is an inorganic substance which is a fracture.
continuous with and analogous to the liquid state of
that substance, but which, as the result of reversible
19
Factors to be Determined in Glass Fracture Adverse effects refer to the injury (structural damage of
A. Point of Impact tissues) and an appropriate condition means the dosage
of the substance that is sufficient to cause this adverse
B. Position of the Shooter effect.
1. Perpendicular Shot- Exhibits an even
distribution of chippings on the exit side of
Types of Poisons
the glass
2. Angle from the Right- Heavy flakings or 1. True Poisons- is one that is still poisons no
chippings on the left side of the glass. matter how diluted it is. Example, Hydrogen
3. Angle from the Left- heavy flakings on the Cyanide (HCN).
right side of the glass. 2. Corrosive Poison- is one which contact with it
Age of Fracture chemically produces local destruction of tissues.
Example ,Nitric acid (HNO3), mercuric
1. Fresh Fracture- Exhibits a regular pattern of
chloride-acid poison use as herbicides.
radial/concentric fracture.
3. Cumulative Poison- is one that increases
2. Old Fracture- presence of a short extension
suddenly in its intensity of action after gradual
lines at the end of the radial fracture.
additions of it. Examples, digitals: arsenic.