Forensic Medicine
Forensic Medicine
INTRODUCTION
FORENSIC MEDICINE is a branch of medicine, which deals and applies the medical
science in medico-legal cases. It is then a science, which concerns with the medical
aspects of problems that confronts the court.
LEGAL MEDICINE is the branch of medicine that is applied to law and justice
whether to elucidate the crime or not.
MEDICAL JURISPRUDENCE which defines as a branch of law which deals with the
policies, rules or regulations, ethics in the control and in the practice of the medical
profession.
In the Philippines, the practice of Forensic Medicine started several years ago
although the record showed that it started sometime in 1858 during the Spanish
regime. From that time up to the present the following events in the practice of
Forensic Medicine occurred with the corresponding dates:
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1858 – The first textbook in Legal Medicine and its practice by Dr. Rafael
Genard y Mas who is a Spanish chief army physician was published and is entitled
“Manual de Medicina Domestica”.
May 31, 1876 – The “Medico Titulares” which took charge of public
sanitation and medico-legal aid for the purpose of justice was created by the King of
Spain in his Royal Decree No. 188.
1894 – The “Medico Titulares of Forensic” which is about the regulation and
its practice was established.
1898 – During the American Regime, the Spanish Forensic Medicine System
was preserved.
1901 – The provincial, insular and municipal board of health (Acts 157,307,
308) was created by the Philippine Commission which is about the medico-legal
duties of “medico titulares” of the Spanish regime and its assignments to the health
officers of respective areas.
1908 – Legal Medicine was taught in all medical schools in the Philippines.
1919 – The Department of Legal Medicine and Ethics of the University of the
Philippines was created under Dr. Sixto delos Angeles as the chief.
January 10, 1922 – The department of Legal Medicine and Ethics of the
University of the Philippines with its department head was incorporated to the
Philippine General Hospital.
March 10, 1922 – The Philippine Legislature enacted Act No. 1043 which
became incorporated in the Administrative Code as Section 2465 and provides that
the Department of Legal Medicine and Ethics of the University of the Philippines
became branch of the Department of Justice.
December 10, 1937 – The creation of the Division of Investigation under the
Department of Justice was done by the Commonwealth Act 181 in which medico-
legal section is under the division with Dr. Gregorio T. Lantin as the Head.
1945 – The Provost Marshall of the United States Army created the criminal
investigation laboratory with the Medical Examiner as an integral part under Dr.
Mariano Lara as the Chief Medical Examiner.
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June 19, 1947 – The Bureau of Investigation was created by the Republic Act
157. Then, The Bureau of Investigation was under the National Bureau of
Investigation by the Executive Order from the President of the Philippines. The
Medico-Legal section was created under the National Bureau of Investigation with
its head Dr. Enrique V. de los Santos.
At that time, all provincial, municipal and city health officers, physicians of
hospitals, health centers, asylums, penitentiaries, became the ex-officio medico-legal
officers.
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In some parts of the United States, the Medical Examiner System is the one
preferred although the Coroner System is still used in some states. The Medical
Examiner System is handled b y the Chief Medical Examiner who is a Doctor of
Medicine and appointed by the Mayor from the classified LISTS COMPLIED BY THE
Civil Service on the basis of competitive examination. The Office of the Chief Medical
Examiners on a 24-hour work with clerical staff always present.
During trial, the Medical Examiner will then present his medical report to
the court.
C. CORONER SYSTEM
The principle of law, that, when the court had once laid down the principle of
Law as applied to a certain state of facts, it will adhere to that principle and apply it
to all future cases where the facts are substantially the same.
Ignorance of the law, excuses no one from the compliance therewith. (Art. 3 Civil
Code)
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5. Customs which are not contrary to law, public order or public policy shall not be
countenanced. (Art. 11, Civil Code)
In the Philippines the Civil Code expressly provides that customs should be
applied in case there is no codal provision applicable.
6. Golden Rule
A principle applicable in law which states as: “Don’t do unto others what you
don’t want others do unto you”.
DEFINITION OF TERMS
1. Criminal Law – a branch of law which deals with crimes, its nature and
the corresponding
punishments.
assistance, authority and obedience between members of a family and those that
exist between members of a society for the protection of private interests.
2. Remedial Law – a branch of law which deals with the rules concerning
pleadings, practices and procedures in all courts of the Philippines.
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METHODS OF DECEPTION DETECTION:
1. Devices which record the psycho-physiological response:
a. Use of a polygraph or lie detector machine
b. Word association test
c. Psychological stress evaluator
2. Use of drugs that try to “ inhibit the inhibitor”
a. Administration of the truth serum
b. Narcoanalysis
c. Intoxication
3. Hypnotism
4. By observation
5. Scientific interrogation
6. Confession
IDENTIFICATION OF PERSONS
Basis:
1. Human skeleton is unchangeable after 20 years.
2. No two human beings have exactly the same bones.
3. Use of simple instrument
1. Fingerprinting
2. Dental identification
3. Handwriting
4. Identification of skeleton
5. Determination of sex, age
6. Identification of blood, blood stains
7. Identification of hair, fibers
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1. FINGERPRINTING
- Most valuable method of identification
a. No two identical fingerprints 1:64,000,000,000
b. Not changeable – 4th month formed in the fetus
2. DENTAL IDENTIFICATION
- Possibility of 2 persons to have the same is remote
Human blood is a reddish liquid portion of the body within the blood vessels and
containing formed elements:
* red blood cells
* white blood cells
* platelets
* Plasma
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Kinds of Death:
c) Biologic death
The type of death characterized by the absence of cognitive function
or awareness, although artificial support system may maintain organ functioning.
d) Physiologic death
A type of death when all the vital organs have ceased to function.
o Livor mortis
o Algor Mortis ( cooling of the body)
o Rigor Mortis
o Decomposition
@ LIVOR MORTIS
Settling the blood due to gravity
Starts 3 to 6 hours after death
Fully developed at 12 hrs
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1. Stage of Primary Flaccidity
= occurs immediately after death
= Due to complete relaxation of muscles
2. Rigor Mortis or Stage of Post-Mortem Rigidity
= due to entry of calcium causing contraction of muscles
= most rapid in small facial muscles and follows a head to toe order
3. Stage of Secondary Flaccidity
= muscles start to decompose or putrefy
2. Cold Stiffening
A condition characterized by hardening of the muscles due to solidification of
fats, muscles and fluids when the dead body is exposed to extremely cold or freezing
temperature. In freezing temperature, all the body fluids will be frozen, including
those in the joint so that forcible stretching of the flexed limbs will produce a
crackling sound due to breaking of the frozen synovial fluid in the joint spaces.
SIGNS OF DEATH
1. Cessation of Respiration
Ordinarily a person is breathing as observed by the upward and downward
movement of the chest and abdomen. It has been observed that when a person is
dying, the breathing becomes irregular and then suddenly in gaps separated by long
periods of interval until a last expiratory movement which is usually accepted as the
outward and visible sign of death which had occurred. A person can hold his breath
not longer than three and a half minutes but persistent, continuous cessation of
breathing and repeated testing for at least two minutes interval at its testing is
considered as a respiratory failure, however, a 12 hour period of treatment with
respirator is required in some cases.
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3. By auscultation with the aid of stethoscope or placing the ear at the region of the
chest to hear the
breath sounds. No breath sounds upon death.
4. Examination with the aid of the mirror
5. Examination with the aid of feathers or fibers
6. Examination during glass of water
7. Examination using a lighted candle, match or any material
8. Winslav Test – test of determining cessation of respiration when there is no
movement of the reflected image on the water or mercury contained in a container
and placed on the chest of a person lying on his back.
b) BRAIN DEATH
- irreversible cessation of all functions of the brain, including the brain
stem (both the cerebrum or the higher brain, and the lower brain or the
brain stem are no longer functional)
- there is absence of electrical brain activity
2) VIOLENT DEATH
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- due to injuries inflicted in the body by some form of outside force
a) accidental
b) negligent
c) suicidal
d) infanticidal
e) parricidal
f) murder
g) homicidal
3) PRIMARY FLACCIDITY
- immediately after death, there is complete relaxation and softening of all
the muscles of the body
- the muscles are relaxed and capable of contracting when stimulated
- there is incontinence of urination and defecation
- lasts about three to six hours after death
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COLD STIFFENING
- due to the solidification of fat when the body is exposed to freezing
temperature
5) SECONDARY FLACCIDITY
- after the disappearance of rigor mortis, the muscle becomes soft and
flaccid, due to the dissolution of the muscle proteins which have
previously been coagulated during the period of rigor mortis
- the body becomes limp again and the muscles are no longer capable of
responding to mechanical or electrical stimulus
- signals the start of putrefaction or decomposition due to bacteria
- noted about 48 hours after death
POST-MORTEM DECOMPOSITION
1) AUTOLYSIS
- decomposition by enzymes
2) PUTREFACTION
- decomposition by bacteria
- noted after 48 hours after death
- first appears as a greenish discoloration
- generalized swelling and reddish discoloration along the lines of the
superficial veins occur, called MARBLING
3) MUMMIFICATION
- dehydration by extreme dry heat
- the body becomes dry, brittle, dark brown
- the fatty tissue of the body is replaced with a white greasy product
5) MACERATION
- softening of the body when immersed in the water
6) SKELETONIZATION
- the reduction of the body to the skeletal form
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3) Moderate moisture in the air
4) Running water
5) Moist, fertile soil
6) Shallow grave
7) Clothing
8) Hot environment
9) Soft or weak coffin
10) Septic air
11) Organic materials in coffin
12) Mass graves
13) Absence of light
14) Free air accessibility
Presumption of death:
Disputable presumption- not heard in 7 years
Presumption of death:
Absence of 7 years except succession 10 years
Vessel for- 4 years
Armed forces - 4 years
In danger of death 4 years
PRESUMPTION OF SURVIVORSHIP
[Link] 15 y.o.- older survives
[Link] 60 y.o.- younger
3. under 15, above 60 – former
4. over 15 and under 60- male , older
5. under 15, or over 60 y.o, and the other in between- latter
Inquest officer- is an official of the state charged with the duty of inquiring into
certain matters.
- In medico –legal examination: manner and cause of death
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AUTOPSY
- a comprehensive study of a dead body performed by a trained physician
using recognized dissection procedures and techniques, primarily to
determine the true cause of death
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- indicates that, in addition to an external examination, the body is opened
and an internal examination is conducted
POST-MORTEM EXAMINATION
- refers to an external examination of a dead body without incision being
made, although blood and other body fluids may be collected for
examination
KINDS OF AUTOPSIES
1) HOSPITAL OR NON-OFFICIAL
- done on a human body with the consent of the deceased person’s
relatives for the purpose of:
a) determining the cause of death
b) providing correlation of clinical diagnosis and clinical symptoms
c) determining the effectiveness of therapy
d) studying the natural course of disease process
e) educating students and physicians
2) MEDICO-LEGAL OR OFFICIAL
- an examination performed on a dead body for the purpose of:
a) determining the cause, manner or mode and time of death
b) recovering, identifying and preserving evidentiary material
c) providing interpretation and correlation of facts and circumstances
related to death
d) providing a factual, objective medical report for law enforcement,
prosecution and defense agencies
e) separating death due to disease from death due to external cause for
protection of the innocent
NEGATIVE AUTOPSY
- an autopsy which failed to establish cause of death after all efforts have
been exhausted
- an autopsy which after a meticulous examination with the aid of other
examinations does not yield any definite cause of death
NEGLIGENT AUTOPSY
- an autopsy wherein no cause of death is found on account of imprudence,
negligence, lack of skill and lack of foresight of the examiner
3) SEA BURIAL
4) CREMATION –the pulverization of the body into ashes by the
application of heat
EXHUMATION (DISINTERRING)
- refers to the taking out of a body from its tomb or gravesite
- can be done only upon a lawful order, with permission from the
Department of Health
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- remains of persons who died of non-dangerous, non-communicable
diseases may be disinterred after three (3) years
- remains of persons who died of dangerous communicable diseases may
be disinterred after five (5) years
DEATH BY ASPHYXIA
- a condition resulting from a lack of oxygen in the air or from an
obstructing mechanism to respiration
- the general term applied to all forms of violent death which results
primarily from the interference with the process of respiration or the
condition in which the supply of oxygen to the blood or to the tissues, or
both, has been reduced below normal level
OSTEOLOGY
- the study of skeletons
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ODONTOLOGY
- the examination of dental records in determining the identity of the body
- the possibility of two persons to have the same dentition is quite remote
- the enamel of the teeth is the hardest substance of the human body
C. PHYSICAL INJURIES
PHYSICAL INJURY
- the effect of some form of stimulus on the body
WOUND
- the solution of the natural continuity of any tissue of the living body
- the disruption of the anatomic integrity of a tissue of the body
CLASSIFICATION OF WOUNDS
1) ACCORDING TO SEVERITY:
a) MORTAL WOUND
o capable of causing death immediately after the infliction or shortly
thereafter
b) NON-MORTAL WOUND
o not capable of causing death immediately after the infliction or shortly
thereafter
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e) EXTENSIVE INJURY – physical injury involving a greater area of
the body beyond the site of the application of force
DEFENSE WOUND
- the result of a person’s instinctive reaction of self-protection
- Injuries suffered by a person to avoid or repel potential injury
contemplated by the aggressor.
PATTERNED WOUND
- Wound in the nature and shape of an object or instrument and which
infers the object or instrument causing it.
SELF-INFLICTED WOUND
- produced or caused by a person to his own self
- also called SELF-MUTILATION
GUNSHOT WOUND
- produced by the penetration of a bullet within the tissues of the body
ENTRANCE WOUND
- the wound produced by the entrance of the bullet to the body
- characteristics:
a) usually small and even smaller than the projectile itself due to the
retraction of the skin and tissues at the opening of the wound
b) the edge of the wound is inverted
c) there is the presence of contusion collar or abrasion collar due to the
spinning movement and rough surface of the projectile
d) usually, the shape is round or oval
EXIT WOUND
- the wound produced by the exit of the bullet from the body
- characteristics:
a) usually larger than the entrance wound and the projectile itself
b) the edge of the wound is averted
c) there is no contusion collar or abrasion collar
d) there is no definite shape
5) direction of firing
6) part of the body involved
THERMAL INJURIES
- those caused by an appreciable deviation from normal temperature,
capable of producing cellular or tissue changes in the body
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2) WET BURN
- when the heat is caused by liquid
- also called SCALD
4) MUTILATION
o the intentional act of looping or cutting off any part of the living body
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DEFORMITY
- a temporary or permanent disfigurement of the body or any part of the
body producing physical ugliness
VIRGINITY
- a condition of a female who has not experienced sexual intercourse and
whose genital organs have not been altered by carnal correction
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KINDS OF VIRGINITY
1) MORAL VIRGINITY
o the state of not knowing the nature of sexual life and not having
experienced sexual relation
o applies to children below the age of puberty and whose sex organs
and secondary sex characteristics are not yet fully developed
2) PHYSICAL VIRGINITY
o a condition whereby a woman is conscious of the nature of the sexual
life but has not experienced sexual intercourse
o applies to women who have reached sexual maturity but have not
experienced sexual intercourse
3) DEMI-VIRGINITY
o a condition of a woman who permits any form of sexual liberties as
long as they abstain from rupturing the hymen by sexual act
4) VIRGO INTACTA
o applied to women who have had previous sexual act but had not yet
given birth
DEFLORATION
- the laceration or rupture of the hymen as a result of sexual intercourse
By a man who shall have carnal knowledge of a woman under ANY of the
circumstances:
a) through force, threat or intimidation
b) when the offended party is deprived of reason or unconscious
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b) inserting any instrument or object into the genital or anal orifice of
another person
CARNAL KNOWLEDGE
- the act of a man in having sexual bodily connection with a woman
- even the slightest penetration in the sexual organ of the female by the
sexual organ of the male
SIMPLE SEDUCTION
ELEMENTS:
1) woman who is single or a widow of good reputation
2) over twelve years but under eighteen years of age
3) committed by means of deceit
QUALIFIED SEDUCTION
ELEMENTS:
1) woman who is a virgin
2) over twelve years but under eighteen years of age
3) committed by any person in public authority, priest, homeservant,
domestic, guardian, teacher or any person entrusted with the
woman’s education or custody
FORCIBLE ABDUCTION
ELEMENTS:
1) the abducted is a woman against her will
2) with lewd designs
CONSENTED ABDUCTION
ELEMENTS:
1) the abducted is a virgin
2) over twelve years and under eighteen years
3) carried out with her consent
4) with lewd designs
SEXUAL DEVIATIONS
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SADISM (ACTIVE ALGOLAGNIA) – a form of sexual perversion in which the
infliction of pain on another is necessary for sexual enjoyment
MASOCHISM (PASSIVE ALGOLAGNIA) – a form of sexual perversion in which the
infliction of pain by another is necessary for sexual enjoyment
FETISHISM – a form of sexual perversion wherein the real or fantasies presence of
an object or bodily part is necessary for sexual stimulation and gratification
PYGMALIONISM – a sexual deviation whereby a person has sexual desire for
statutes
FROTTAGE – a form of sexual gratification characterized by the compulsive desire
of a person to rub his sex organ against some parts of the body of another
VOYEURISM – a form of sexual perversion characterized by a compulsion to peep to
see persons undress or perform other personal activities
T H A N K Y O U
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