Download as docx, pdf, or txt
Download as docx, pdf, or txt
You are on page 1of 73

Specialized Crime Investigation with Legal Medicine

CHAPTER I: INTRODUCTION
SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE

Specialized Crime Investigation


 Special Crime Investigation deals with the study of major crimes based on the application of
special investigative technique.

 The study concentrates more on physical evidence, its collection, handling, identification and
preservation in coordination with the crime laboratory. Special Crime Investigation involves a
close relationship between the prober in the field and the crime laboratory technician. They
work together as a team, reacting to and extending one another’s theories and findings both
working patiently and thoroughly to solve a crime from their investigative discoveries.

 The present criminal justice system in our country, the court relies more on physical evidence
rather than extra-judicial confession.
Legal Medicine

 It is a branch of medicine which deals with the application of medical knowledge to the
purposes of law and in the administration of justice.

 The branch of medicine that deals with the application of medical knowledge to legal problems


and legal proceedings. Legal medicine is also called forensic medicine.

 Application of medicine to legal cases.

Example of cases subject to special crime investigation and legal medicine


1. Robbery 9. Criminal Negligence
2. Arson 10. Drug Cases
3. Kidnapping
4. Abortion
5. Rape
6. Murder
7. Homicide
8. Car napping
Specialized Crime Investigation with Legal Medicine

Responsibilities of Special Crime Investigators


For a competent response in controlling criminals the following responsibilities are required to
be meticulously performed by the investigator in handling special crime cases.
1. Determined if the crime has been committed
2. Verify Jurisdiction
3. Discover all facts and collect physical evidence
4. Recover Stolen Property
5. Identify the perpetrator
6. Locate and apprehend the perpetrator
7. Aid in the prosecution of the perpetrator
8. Testify effectively in court

Phases of Special Crime Investigation


The investigator of criminal offenses by the law enforcement agencies can be divided into three
general phases.
1. Preliminary Investigation
2. In – depth Investigation
3. The concluding investigation

Deductive Reasoning – is one you decide is the answer of the case and which you then attempt to
prove with collection of facts.

Inductive Reasoning – collects all the facts available first and allows them to determine the
judgement.

CRIME SCENE
The place where the essential ingredients of the criminal act took place. It includes the setting
of the crime and also the adjoining places of entry and exit both offender and victim.
Three types of crime scenes
 Outdoor crime scene – is the most vulnerable to loss, contamination and damaging effects on
biological evidence in a short period of time.

 Indoor crime scene – compared to an outdoor scene evidence at an indoor scene is generally
less susceptible to environmental loss and deleterious change.

 Conveyance crime scene – conveyance means of transportation.


Specialized Crime Investigation with Legal Medicine

The types of crimes committed in conveyances including the following:


 Vehicle burglary
 Grand theft
 Car theft

Primary Crime Scene VS Secondary Crime Scene


 The primary crime scene is a type of crime scene where a crime actually occurred.

 A secondary crime scene is in some way related to the crime but is not where the actual crime
took place.

BASIC COMPONENTS OF CRIME SCENE


A. Suspect arrival at the scene
B. Place of entry
C. Movement of suspect from point of entry
D. Suspect contact with the victim
E. Place of exit

PHYSICAL EVIDENCE
Articles and materials which are found in connection with an investigation and which aid in
establishing the identity of the perpetrator or the circumstances under which the crime was committed
or which in general, assists in the prosecution of the criminal.

KINDS OF PHYSICAL EVIDENCE


Corpus Delicti – objects or substances which are an essential part of the body of the crime.
Associative Evidence – evidence which links the suspects to the crime scene or offense.
Fingerprints or shoe impressions are good examples.
Tracing Evidence – articles which assists the investigator in locating the suspect.
Characteristics of Physical Evidence
a. Physical Evidence are factual
b. Physical Evidence does not forget
c. Physical Evidence are not confused by the excitement of the moment
d. Physical Evidence cannot perjure
When will physical evidence value diminish?
a. When human fails to find it.
Specialized Crime Investigation with Legal Medicine

b. When human fails to study it.


c. When human fails to understand it.

MODUS OPERANDI
It is a Latin term for mode, a method of operations in police work. It is used in connection with
the activities of a criminal. It includes individual peculiarities, methods, techniques, tools used in
committing the crime, and the physical condition of the crime scene.

FACTORS INFLUENCING MODUS OPERANDI


1. Opportunity, need, desire, motive & intent
2. Knowledge (obtained by study, experience prolong association with other criminals)
3. Experience (learned from past methods)
4. Condition (Ex: Barred windows)
Specialized Crime Investigation with Legal Medicine

CHAPTER II: CRIME SCENE PROCESSING AND INVESTIGATIVE PROCEDURE AND


CRIME SCENE DOCUMENTATION

CRIME SCENE PROCESSING


It involves the basic crime scene protocol which includes interview of complainant and
witnesses and photographing the crime scene, making a sketch, collection of evidences for laboratory
examination and analysis.
PNP Operational Procedures Rule 13
Sec 2. Upon receipt of a report/complaint of a crime incident, the desk officer shall:
 Record the time the report/complaint was made, the identity of the person who made the report
place of the incident and a synopsis of the incident.
 Inform his superior officer or the duty officer regarding the report.
Upon receipt of call/walk-in complainants Duty Desk Officer shall:
a. Record the time it was reported;
b. Get the identity of the caller/complainant;
c. Get the place of the incident;
d. Get the nature of the incident;
e. Get the number of victim/s;
f. Record a brief synopsis of the incident;
g. Direct the nearest mobile car/beat patrollers or the nearest police precinct to act as first
responder equipped with “police line” to secure the place of incident a camera; and
h. Inform the duty investigator (preferably one team of investigators).
Sec. 3 First Responder
 Any police officer who first arrives at the crime scene and shall endeavour to protect and secure
the same as follows:
 Cordon off the crime scene with whatever available materials like ropes, straw, human
barricade police line if available etc.
 Evacuate injured person to the nearest hospital
 Prepare to take dying declaration of severely injured person
 Prevent entry/exit of persons within the cordoned area
 Prepare to brief the investigators of the situation upon the arrival
Specialized Crime Investigation with Legal Medicine

The Four Main Task of the first officer on the scene


 To give first aid
 To apprehend the suspected offender
 To protect and if necessary collect and preserve evidence
 To cordon off and protect the area
Sec. 4 Crime Scene Investigation Proper
1. Receipt of Briefing and Designation of Command Post
2. Initiation of Preliminary Survey
3. Preparation of Narrative Report
4. Documentation of the Crime Scene
5. Crime Scene Sketches
6. Detailed Search
7. Collection of Physical Evidence
8. Conduct of Final Survey
9. Release of the Crime Scene

General Investigative Procedure


Purpose
This investigative procedure is designed to adapt to the current trends in modern investigation,
in line with the PNP Integrated Transformation Program which seeks to improve and integrate the
different manuals used by the PNP to serve as guide in all aspects of police investigation.
Procedures
At the crime scene
The First Responder shall perform his/her duty:
-check the condition of the victim while the other members of the first responders shall simultaneously
secure the area by putting a police line or any material (like rope, straw and etc).
a. If in serious condition
1. Bring the victim immediately to the nearest hospital using emergency services;
2. Photograph and make a sketch of the victim (if the victim is dead);
3. Get the dying declaration; if necessary (ask 3 questions)
Ex: What is your name and address? Who did this to you?, DO you know that you are about to
die because of your injury?
However, if there is still a chance to ask more questions, then follow-up should be done. The
statement, once reduced into writing, shall be duly signed by or with thumb mark of the victim.
b. If not in serious condition
1. Bring the victim immediately to the nearest hospital using emergency services;
Specialized Crime Investigation with Legal Medicine

2. Get the identity and other data of the victim;


3. Get initial interview from the victim
Note: The other member/s of the first responders shall remain at the crime scene to secure the
premises.
c. If the suspect is arrested at the scene
1. Get the names of the persons who turned-over or arrested the suspect.
2. Isolate the arrested suspect/s and separate them from any probable witness of the incident.
3. Record what time the suspect was arrested.
4. Wait for the investigator to interview the suspect.
5. If the suspect volunteers any statement, take note of the time, location and circumstances of
the statements.
Investigation Procedure at the Crime Scene
Upon arrival at the crime scene:
1. Receive the crime scene from the first responder.
2. Record time/date of arrival at the crime scene, location of the scene, condition of the
weather, condition and type of lighting, direction of wind and visibility.
3. Photograph and/or video the entire crime scene.
4. Before entering the crime scene, all investigators must put on surgical gloves.
5. Before touching or moving any object at the crime scene in a homicide or murder case,
determine first the status of the victim, whether he is still alive or already dead.
Note: If the victim is alive, the investigator should exert effort to gather information from the victim
himself regarding the circumstances of the crime, while a member of the team or someone must call an
ambulance from the nearest hospital. Before removing the victim, mark, sketch and photograph his/her
relative position. Only a coroner or a medical examiner shall remove the dead body unless unusual
circumstances justify its immediate removal.
6. Designate a member of the team or ask other policemen or responsible persons to stand
watch and secure the scene, and permit only authorized persons to enter the same.
7. Identify and retain for questioning the person who first notified the police, and other possible
witnesses.
8. Determine the assailant through inquiry or observe him if his identity is immediately
apparent. Arrest him if he is still in the vicinity.
9. Separate witnesses in order to get independent statements.
Specialized Crime Investigation with Legal Medicine

Recording
The investigator begins the process of recording pertinent facts and details of the investigation
the moment he arrives at the crime scene. (He should record the time when he was initially notified
prior to his arrival). He also writes down the identification of persons involved and what he initially
saw. He also draws a basic sketch of the crime scene and takes the initial photograph (if a photographer
is available, avail his services). This is to ensure that an image of the crime scene is recorded before
any occurrence that disturbs the scene.
“As a rule, do not touch, alter or remove anything at the crime scene until the evidence has been
processed through notes, sketches and photograph, with proper measurements. “
Searching for evidence
1. Each crime is different, according to the physical nature of the scene and the crime or offense
involved. Consequently, the scene is processed in accordance with the prevailing physical
characteristics of the scene and with the need to develop essential evidentiary facts peculiar to
the offense. A general survey of the scene is always made, however, to note the locations of
obvious traces of action, the probable entry and exit points used by the offender(s) and the size
and shape of the area involved.
2. In rooms, buildings, and small outdoor areas, a systematic search of evidence is initiated (In
the interest of uniformity, it is recommended that the clockwise movement be used.) The
investigator examines each item encountered on the floor, walls, and ceiling to locate anything
that may be of evidentiary value.
3. You should give particular attention to fragile evidence that may be destroyed or
contaminated if it is not collected when discovered.
4. If any doubt exists as to the value of an item, treat it as evidence until proven otherwise.
5. Ensure that the item or area where latent fingerprints may be present is closely examined and
that action is taken to develop he prints.
6. Carefully protect any impression of evidentiary value in surfaces conducive to making casts
or molds. If possible, photograph the impression and make a cast or mold.
7. Note stains, spots and pools of liquid within the scene and treat them as evidence.
8. Treat as evidence all other items, such as hairs, fibers, and earth particles foreign to the area
in which they are found; for example, matter found under the victim’s fingerprints.
9. Proceed systematically and uninterruptedly to the conclusion of the processing of the scene.
The search for evidence is initially completed when, after a thorough examination of the scene,
the rough sketch, necessary photograph and investigative notes have been completed and the
investigator has returned to the point from which the search began.
10. Further search may be necessary after the evidence and the statements obtained have been
evaluated.
Specialized Crime Investigation with Legal Medicine

11. In large outdoor areas, it is advisable to divide the area into strips about four (4) feet wide.
The policeman may first search the strip on his left as he faces the scene and then the adjoining
strips.
12. It may be advisable to make a search beyond the area considered to be the immediate scene
of the incident or crime. For example, evidence may indicate that a weapon or tool used in the
crime was discarded or hidden by the offender somewhere within a square-mile area near the
scene.
13. After completing the search of the scene, the investigator examines the object or person
actually attacked by the offender.
14. In a homicide case, the position of the victim should be outlined with a chalk or any other
suitable material before the body is removed from the scene.
Note: If the victim has been pronounced dead by a doctor or is obviously dead, it is usually advisable
to examine the body, the clothing and the area under the body after the remainder of the scene has been
searched. This is to enable the policeman/investigator to evaluate all objects of special interest in the
light of all other evidence found at the scene.
Markings of Evidence
Any physical evidence obtained must be marked or tagged before its submission to the
evidence custodian. These are information to ensure that the items can be identified by the collector at
any time in the future. This precaution will help immeasurably to establish the credibility of the
collector’s report or testimony and will effectively avoid any suggestions that the item has been
misidentified.
Markings on the specimen must at least contain the following:
1. Exhibit Case Number
2. Initials and or signature of the collecting officer.
3. Time and date of collection.
NOTE: It is also important to note the place or location where the evidence was collected.
Evaluation of Evidence
Each item of evidence must be evaluated in relation to all the evidence, individually and
collectively. If necessary, these pieces of evidence must be subjected to crime laboratory examination.
Example: firearms for ballistic examination, hair strands etc.
Preservation of Evidence
It is the investigator’s responsibility to ensure that every precaution is exercised to preserve
physical evidence in the state in which it was recovered/ obtained until it is released to the evidence
custodian.
Releasing of Evidence
All collected evidence can only be released upon order of the court or prosecutor, as the case
maybe.
Specialized Crime Investigation with Legal Medicine

Chain of Custody
A list of all persons who came into possession of an item of evidence, continuity of possession,
or the chain of custody, must be established whenever evidence is presented in court as an exhibit.
Adherence to standard procedures in recording the location of evidence, marking it for identification,
and properly completing evidence submission forms for laboratory analysis is critical to chain of
custody. Every person who handled or examined the evidence and where it is at all times must be
accounted for. As a rule, all seized evidence must be in the custody of the evidence custodian and
deposited in the evidence room or designated place for safekeeping.
CHAIN OF CUSTODY
(Change of Possession)
1. The Scene
2. Evidence – Seal, Markings, Evidence Log
3. Evidence Collector (Officer on Case)
4. Letter Request
5. Crime Laboratory
6. Result
7. Evidence Custodian
8. Court order (Subpoena)
9. Court Presentation
Transmittal of Evidence to Crime Laboratory
Proper handling of physical evidence is necessary to obtain the maximum possible information
upon which scientific examination shall be based, and to prevent exclusion as evidence in court.
Specimens which truly represent the material found at the scene, unaltered, unspoiled or otherwise
unchanged in handling will provide more and better information upon examination. Legal
requirements make it necessary to account for all physical pieces of evidence from the time it is
collected until it is presented in court. With these in mind, the following principles should be observed
in handling all types of evidence:
1. The evidence should reach the laboratory in same condition as when it was found, as much
as possible.
2. The quantity of specimen should be adequate. Even with the best equipment available, good
results cannot be obtained from insufficient specimens.
3. Submit a known or standard specimen for comparison purposes.
4. Keep each specimen separate from others so there will be no intermingling or mixing of
known and unknown material. Wrap and seal in individual packages when necessary.
5. Mark or label each of evidence for positive identification as the evidence taken from a
particular location in connection with the crime under investigation.
Specialized Crime Investigation with Legal Medicine

6. The chain of custody of evidence must be maintained. Account for evidence from the time it
is collected until it is produced in court. Any break in this chain of custody may make the
material inadmissible as evidence in court.
What is the evidence needed to file a crime?
1. Testimonial Evidence – Affidavit of complainant and witnesses.
2. Documentary Evidence – photographs, videos, police reports and other documents.
3. Object Evidence – Autopsy, weapons used and other Forensic Reports.
4. Other relevant evidence

Crime Scene Documentation

Crime Scene notes


 note the condition outside the building or at the crime scene;
 exact location of the crime
 describe the area, interior and exterior
 note observation to the general environment including the people present
Importance of Note Taking
a. It forces the investigators to commit their observation in writing.
b. It enables them to keep detailed record of everything they see and do.
Rules on Note Taking
a. Notes should be taken in chronological order.
b. It should detail each step and every action the officers makes.
c. Notes should be complete and thorough
Crime Scene Photograph
As the saying goes, “a picture is worth a thousand words.” Crime scene can be preserved by
photograph.
Photographs are valuable in three (3) areas:
 It provides the police and prosecutor with an accurate pictorial of the appearance and position
of objects at the scene
 Aid in the questioning of suspects and witness
 Enable the judge the gain better understanding of the crime scene and evidence, and in turn can
evaluate the testimony of the witness.
Types of Photograph
 General/Long-range
Specialized Crime Investigation with Legal Medicine

 Medium range
 Closed up range
Crime Scene Sketch
 A crime scene sketch depicts the overall layout of a location and the relationship of
evidentiary items to the surroundings. It can show the path a suspect or victim took and
the distances involved. It can be used when questioning suspects and witnesses.
 The crime scene sketch is a simple line drawing that indicates the position of the body
in relation to fixed and significant object in the scene.
 The sketch is the simplest and the most effective way of showing actual measurements
and of identifying significant items of evidence in their location at the scene. Sketching
is supplementary to photography.
Important reasons of sketch or diagram:
 To refresh the memory of the investigator
 To reflect the exact location of objects and their relationship to other objects
 To assist the prosecutor and the judge in understanding conditions of the crime scene
 To supplement photographs
 To assist in questioning of witnesses and suspects.

KINDS OF SKETCH
 Rough sketch-made in the crime scene, thus informal
 Finished sketch- made in the police station or investigator’s office and carefully drawn and
labelled.

KINDS OF POLICE SKETCHING


 Sketch in locality-This type of sketch gives a picture of the crime scene and its environs,
including neighbouring building and roads leading to the location of the house.
 Sketch of the ground-This sketch gives picture at scene with its nearest physical surroundings,
such as a house with garden, floors in a house.
 Sketch of details-This sketch describe the immediate scene only. Like the room which the
crime was committed.
 Cross projection- In this method, floors, walls and ceilings are pictured.

ELEMENTS OF SKETCHING
 Measurements
 Compass Directions – a standard arrow to designate the North must indicated to facilitate
proper orientation.
 Essential Items – sketch must include important items of investigation.
 Scale or Proportion – it must be accurate.
Specialized Crime Investigation with Legal Medicine

 Legend – the explanation of any symbols used to identify objects must be stated. But excessive
lettering in the sketch generally results in a crowded sketch and obscures the essentials items.
 Title – this includes case identification, identification of the victim, scene portrayed, location,
date and how made and name of sketcher.

DIFFERENT CRIME SCENE SKETCH MEASUREMENT/METHOD


 Rectangular Coordinate Method
 Baseline/Station Line
 Triangulation/Trilateration Method
 Azimuth/Polar Coordinate

Rectangular Coordinate Method


The coordinate method employs the practice of measuring an object from two fixed points of
reference. Once such procedure is the baseline technique in which a line is drawn between two points.
Baseline/Station Line
Measurement are obtained by securing a steel tape measure on the floor, ground or roadway
extended through the scene
Triangulation/ Trilateration Method
The triangulation method is a bird’s eye view of the scene utilizing fixed objects from which to
measure. This is particularly useful for sketching outdoor crime scenes where there are no easily
identifiable points of reference.
Azimuth/Polar Coordinates
This method requires two people one to hold each end of a tape measure. This type of
measuring convention is best suited for large open areas where there might not be any fixed reference
points.

CRIME SCENE SEARCH


The investigating officer should look the scene over for several angles, to grasp the whole
scene and then formulate a plan for searching the scene. A proper approach prevents fouling any
evidence and trooping through the area haphazardly may trample.
Detailed Search
The search for physical evidence is done during using the accepted methods of search
depending upon the actual location to be searched.
Specialized Crime Investigation with Legal Medicine

Different Crime Scene Search Method


Strip Method/Line Search Method
Start along one side of the crime scene and walk in straight line across the area to be searched
then return to the original side you started from and again walk across the search area but slightly
above the previous line of search.
Double Strip Search Method
The double strip search is a modification of the strip search method. Here the rectangle is
traversed first parallel to the base then parallel to the side.
Zone or Sector Method
This method divides the scene into equal zone. One searcher is normally assigned to each
sector with responsibility for all that occur in the scene.
Wheel Method
The searchers gather at the center of the scene and move out in these spool – like directions.
The obvious drawbacks in this method are the possibility of ruining evidence when gathering at the
center and every increasing distance between the searchers as the investigators move onward.
Spiral Method
Usually begins from the outer perimeter of the scene, moving inward in a constricting circular
fashion.
Specialized Crime Investigation with Legal Medicine

CHAPTER: III EVIDENCE COLLECTION, HANDLING, TRANSPORTATION


AND SCENE OF THE CRIME OPERATION
In the conduct of crime scene investigation for crimes of violence and other crimes, the crime
scene processing or the evidence collection, handling and transportation shall primarily be conducted
by the SOCO specialists of Crime Laboratory. However, in some instances the First Responder or the
Investigator-on-case may have to collect evidence that might otherwise be destroyed or contaminated if
uncollected. In such cases, the collection should be properly handled and documented. The following
procedures are set as guide not only for the SOCO team but may also apply to any crime scene
investigator in the collection and handling of evidence. The collection and submission of standard
samples for comparison, however, must be done by the Crime Laboratory.
General Rules for the Collection and Preservation of Biological Materials
a. Use protective gloves.
1) If possible, avoid touching individual smears/traces. Remember that gloves can entail a risk of
contamination.
2) Change gloves after handling each kind of material and otherwise as necessary.
Specialized Crime Investigation with Legal Medicine

3) Use disposable equipment for preliminary tests and collection of trace evidence.
4) Cover surfaces where materials are to be placed with protective paper.
Keep victims‟ and suspects‟ clothes separate.
b. Avoid coughing or sneezing on evidence/materials.
c. Packaging of biological materials.
1) Use paper packaging for all biological materials or materials that are soiled with biological matter.
Although plastic bags are useful in many
cases, they cannot be recommended for routine use on account of residual moisture.
2) Separate outer packages are to be used for trace evidence and for clothes from persons involved.
3) Do not mix materials/samples from different people, for example clothes, in the same parcel.
4) Fold the opening of the bag twice and seal with tape. Envelopes should also be sealed with tape.
d. Special precautions
1) Make an explicit note if a person from whom material has been collected is suspected of having an
infectious disease.
2) Prevent contamination by avoiding all contact between collected evidence and clothes seized from
people.
3) Packages containing collected materials must not be opened until the examination in the laboratory
is to commence. The only exception is when moist or wet material must be dried out under normal
room conditions.

The Collection and Preservation of Blood


Type of Procedure Packing/storage
evidence/samples
Blood on removable Remove the whole object Put each piece of material in a paper
materials packaging and seal with tape. If the
material is wet or moist, pack each
piece of material in a plastic bag
sealed with tape. Open and allow to
dry on arrival at the police station.
Send to the PNP CL in wrapping
paper or an envelope.
Pools of blood Collect blood on some swabs. In the Put the swabs in the swab wrapper or
case of larger accumulations of blood, a folded piece of paper. Package in
take several samples an envelope,
Specialized Crime Investigation with Legal Medicine

from various places. store dry and cool.


Blood in Water Collect on several swabs. Put the swabs in the swab wrapper or
a folded piece of paper. Package in
an envelope,
store dry and cool.
Collect water with a clean pipette or Pour the water into a clean, dry test
syringe. tube with a cork or a
vacuum tube with a purple cork.
Dry blood If possible, cut away part of the Put each sample in a paper bag or
surrounding material. envelope. Keep dry and cool.

If this is not possible, moisten a swab Put the swabs in the swab wrapper or
with water. Rub it until it becomes dark a folded piece of paper. Package in
brown/red or until the swab absorbs all an envelope, store dry and cool.
the blood.

Type of Procedure Packing/storage


evidence/samples
Semen or saliva on Remove the whole object. Put each piece of material in a
removable materials separate paper bag. Unpack on arrival
at police station and dry at room
temperature. Send to
the PNP CL in paper bags.
Moist semen or saliva Collect part of the sample on some Put the swabs in the swab wrapper or
swabs. a folded piece of paper. Package in an
envelope.
Store dry and cool.
Draw off liquid with a clean pipette Pour the liquid in a clean, dry test
or syringe. tube with a cork or a vacuum tube
with a purple cork. Store in a
refrigerator. Send to the PNP CL by
refrigerated
transport.

Semen in condom Close the condom with a clip. Keep in a refrigerator and send to the
Crime Lab as soon as possible by
refrigerated
Specialized Crime Investigation with Legal Medicine

transport.

Dried semen or saliva If possible, cut out part of the Put each sample in a paper bag or
surrounding material. envelope. Store cool and dry.
Otherwise, moisten a swab with Air dry and put the swabs in the swab
water. Rub it until it is saturated. wrapper or a folded piece of paper.
Package in an envelope. Store dry
and cool.

The Collection and Preservation of Semen or Saliva

The Collection and Preservation of Urine


Type of Procedure Packing/storage
evidence/samples
Urine Collect in a plastic bottle or other Keep in a refrigerator. Send to the
suitable container. PNP CL by refrigerated
Transport.
Reference samples for Collect 20 ml in two test tubes with Keep the tubes in a refrigerator.
drug/ screw caps.
alcohol analysis

The Collection and Preservation of Body Fluids


Type of Procedure Packing/storage
evidence/samples
Mouth samples Take samples from the oral mucous Put the swabs in the swab wrapper
membrane by rubbing two swabs or a folded piece of paper.
against the inside of the mouth, teeth Package in an envelope. Store dry
and top and bottom and cool.
Specialized Crime Investigation with Legal Medicine

of the tongue.
Dry smears of blood, Collect with swabs, moistened with Air dry and put the swabs in the
saliva (licks, kisses, bites, sterile water or tap water. swab wrapper or a folded piece
spit etc.) and
of paper. Package in an envelope.
semen Store dry and cool.
Vaginal samples Collect samples on swabs, two Put the swabs in the swab wrapper
swabs each from at least three or a folded piece of paper.
different places, e.g. introitus, cervix Package in an envelope. Store dry
and anterior fornix. and cool.
Anal sample Collect samples on swabs from the Put the swabs in the swab wrapper
anus and rectum. or a folded piece of paper.
Package in an envelope.
Store dry and cool.
Penis sample Collect the sample on two swabs Put the swabs in the swab wrapper
moistened with sterile water or tap or a folded piece of paper.
water. Package in an envelope.
Store dry and cool.
Finger rub Rub the cuticles and finger tops with Put the swabs in the swab wrapper
one moistened swab for each hand. or a folded piece of paper.
Sampling of a suspected
Package in an envelope. Store dry
perpetrator
and cool.
Samples for drug/ 10 ml of venous blood in a vacuum Keep the tubes in a refrigerator.
alcohol analysis tube (with a grey stopper)
And 20 ml of urine in two test tubes
with screw caps.
DNA typing from Preferred alternative: venous Keep the tubes in a refrigerator.
Living persons (must be Blood in a vacuum tube (with a
taken by Dr/nurse) purple stopper).
DNA typing from Second alternative: Air dry and put the swabs in the
Living persons (must be swab wrapper or a folded piece of
A saliva sample is taken with two
taken by Doctor or paper. Package in an envelope.
swabs that are rubbed against the
nurse) Store dry and cool.
oral mucous membrane.
Third alternative: about 10 hairs with Place in a folded piece of paper
pulled out roots. and insert in an envelope.
DNA typing from Dead Blood in a tube. Keep the tubes in a refrigerator
persons (must be taken and send to the PNP CL by
by doctor or nurse)
Refrigerated transport.
Specialized Crime Investigation with Legal Medicine

1 cm3 muscle sample or 10 hair Place tissue samples in plastic


containers. To be frozen if they
Roots. If putrefaction has set in, take
are not sent to the PNP CL the
a 1 cm3 bone marrow
Same day.
Sample.

Evidence Packaging/Marking and Sealing


a. Acceptable packaging containers (depending on the type of evidence) include:
1) Paper bags
2) Plastic bags (clear plastic is preferred for drug cases)
3) Boxes - sturdy cardboard
4) Manila envelopes
5) Small glass vials (typically arson and liquid drugs)
6) Metal cans (typically arson)

b. Acceptable seals
1) Tamper-proof evidence tape
2) Reinforced packaging tape
3) Heat seal
A package is considered as sealed if the contents are properly secured in place and the
seal/container is not tampered.
Manila Envelope Clasps, Ziplock Bags And Staples Do Not Constitute An Acceptable Seal.
The person sealing the evidence shall place his initial or individual identifier across the seal or tape on
the package.
c. Information on each package should minimally include:
1) Name of the Agency
2) Agency case number
3) Item number
4) Date
5. The investigator’s identifier
d. Additionally, packaging of evidence should include:
1) Where the item was found
Specialized Crime Investigation with Legal Medicine

2) By whom
3) Date & time found
4) Description of item

SCENE OF THE CRIME OPERATION (SOCO)


Standard Operating Procedure
 The recovery of physical evidence during investigation of crime scene is the most important
task of current law enforcement. In most cases the material items of evidence and descriptive
information collected from the scene of the crime make a big difference in the success and
failure of cases in court.
 The capability of the crime laboratory to provide scientific interpretation and information
depends on the recognition, recovery and documentation of the evidence in the crime scene.
 This SOP will set forth the mission, objectives, concepts of SOCO and the functions and
responsibilities of personnel involved in SOCO and also the investigators handling the case.

COMPOSITION OF SOCO TEAM


The SOCO team is composed of but not limited to the following depending on the nature of the case.

 Team Leader
 Assistant Team Leader
 Photographer and Photographic Log Recorder
 Sketcher, Measurer
 Evidence recorder/Custodian
 Evidence Recovery Personnel
 Driver/Security
Objectives:
1. To conceptualize the SOC in the PNP Organization
2. To inform and guide field investigators in the importance of SOCO in scientific investigation
3. To assist investigators in the speedy solution of criminal cases especially heinous ones through
proper investigation.
4. To institute a clear cut delineation of duties and functions among investigations of different
operating units and the SOCO to deter overlapping and duplication of functions and to avoid
passing the buck attitude in case of dismissal of criminal cases in trial court.

SOCO Stages of Crime Scene Processing


 Preparation and Approach
Specialized Crime Investigation with Legal Medicine

 Secure and Protect the Scene


 Initiate Preliminary Survey
 Evaluate Physical Evidence Possibilities
 Prepare Narrative Description
 Photograph the Crime Scene
 Prepare Diagram/Sketch of the Scene
 Conduct Detailed Search, Record and Collect Physical Evidence
 Crime Scene Documentation
 Conduct Final Survey
 Release the Crime Scene

CHAPTER IV: BIOLOGICAL EVIDENCE AND ANALYSIS


Einführung
 Biological evidence is a very broad category of evidences. It is a physical evidence classified
based on the nature of the evidence. The word biological derived from the word biology,
referring to living organism where else evidence is define as something legally submitted to a
competent tribunal as a means of ascertaining the truth of any alleged matter of fact under
investigation before it or information that is used in a court of law to prove something.

 Therefore, biological evidence can be referred as biological materials or substances such as


hair, tissue, bones, teeth, blood, semen or other bodily fluids including items containing
biological material and used to corroborate and provide mean of proofing statement or claims
in trials.

Types of Biological Evidence


 As the term signifies, biological evidence comes from various sources of origin. It can be from
human, plants or animals’ origin. Pollen, algae, fungi and diatom are examples of evidence
from plants. Likewise, microbes and insects are evidence from animals. For the benefit of the
reader, this article will focus on biological evidence of human origin. Hence, the term
biological evidence in the rest of the article is referring to human origin biological evidence.

Biological evidence includes:


 Blood and blood stains
 Semen and seminal stains
 Saliva
 Urine
 Tissues and cells
Specialized Crime Investigation with Legal Medicine

 Bones and organs


 Hair
 Teeth
 Fecal and fecal stains
 Vomit
 Stomach contents
 Sweat
 Ear wax
BLOOD

DNA Analysis
DNA analysis is generally limited to things that are biological in nature. Almost all the
biological evidence are applicable for DNA analysis except to those bodily fluid without nucleated
cells such as tears, perspiration and serum. DNA can also be trace in the sample of hairs with follicles
where the DNA are extracted from the cell of follicles. Information gathered from the analysis will be
used as for comparison or confirmation of unknown source collection during investigation.
Takayama or Hemochromogen Test
 A takayama test, also known as hemochromogen crystal assay, is used to determine if blood is
present in a sample of interest. This assay is used by experimenters, or investigators of crime
scenes, to confirm if an unknown sample indeed contains blood.

 An interaction between ferrous iron from hemoglobin and a pyridine solution. This interaction
creates specific crystals in the form of pyridine ferroprotoporhyrin. These crystals will appear
red in color when viewed under a microscope.
Specialized Crime Investigation with Legal Medicine

Precipitin Test
 Precipitin tests allow human blood to be distinguished from animal blood. The investigator can
recover these antibodies by bleeding the animal and isolating the blood serum. This serum will
contain antibodies that specifically react with human antigen (human antiserum).

 The precipitin test is sensitive, and will work on small traces of blood. The test is also known
as the Uhlenbuth test after the German scientist who developed it in 1901.

 A serologic test in which antibody reacts with a specific soluble antigen to form a precipitate.\

BLOODSTAIN PATTERN ANALYSIS

 The recognition and analysis of bloodstain patterns can yield useful investigative information.
The general role of the Bloodstain Pattern Analyst in a criminal investigation is to assist in the
reconstruction of those events of an alleged incident that could have created the stains and stain
patterns present at a crime scene, on items of physical evidence recovered from that scene and
on items of clothing that were present at the crime scene. In some cases, it may be necessary to
conduct a bloodstain pattern interpretation using photographs.

Cast-Off Pattern
 A bloodstain pattern created when blood is released or thrown from a blood-bearing object in
motion. Directionality. The directionality of a bloodstain or pattern which indicates the
direction the blood was traveling when it impacted the target surface.

Back Spatter
 Blood directed back towards the source of energy or force that caused the spatter.
Specialized Crime Investigation with Legal Medicine

Forward Spatter
 Blood which travels in the same direction as the source of energy or force which caused the
spatter.

Semen
 The fluid that is released through the penis during orgasm. Semen is made up of fluid and
sperm. The fluid comes from the prostate, seminal vesicles, and other sex glands. The sperm
are manufactured in the testicles.
 The average volume of semen produced at ejaculation is 2 to 5ml. In human beings each
ejaculation contains normally 200 to 300 million sperm.

Sperm Parts

The nucleus hold the DNA of the cell. The head contains enzymes that help the sperm break through
the cell membrane of an egg. The mid piece of the sperm is packed with mitochondria.
Mitochondria are organelles in cell that produce energy.
Specialized Crime Investigation with Legal Medicine

CHAPTER V: INTRODUCTION TO LEGAL MEDICINE

Brief History of Legal Medicine

Important Personalities in the history of legal medicine and their contribution

Imhotep ( 2980 BC)- the earliest recorded medico legal expert. He made the first recorded report of a
murder trial written in a clay tablet.

Hippocrates (460-355 BC)- He discussed the lethality of wounds in Greece.

Aristotle (384-322 BC) – fixed animation of fetus at the 4oth day after conception.

Antistius (100-44 BC)- the first police surgeon or forensic pathologist who performed the autopsy of
Julius Caesar body.

Justinian (483-565 A.D)- made mention that a physician is not an ordinary witness and that a
physician gives judgment rather than testimony.

Ambroise Pare (15750- considered legal medicine as a separate discipline and he discussed in his
book, abortion, infanticide, death by lightning, hanging, drowning, distinction between ante mortem
and post mortem wound and poisoning.

Paulus Zacchias (1584-1659)- a papal physician, is regarded as the father of forensic medicine. He
published Questiones Medico- legales which dealt with the legal aspects of wounds and the first two
chapter dealt with the detection of secret homicide.

Severin Pineau (1598)- published a work in Paris about virginity and defloration. He confirmed the
existence of the hymen and that it may not rupture during sexual intercourse.

Orfila (1787-1853)- the founder of modern toxicology. Introduced a chemical methods in toxicology.

In the Phillipines:

Dr. Rafael Genard Y Mas (1858)- published the first medical textbook entitled “Manual De Medicina
domestica”.
Specialized Crime Investigation with Legal Medicine

Dr. Sixto De Los Angeles (1919)- became the head of Legal Medicine and Ethics of University of the
Philippines and the chief of Medico Legal Department of Philippine General Hospital.

Dr. Gregorio T. Lantin- the head of Medico Legal Section of the Department of Investigation under
the Department of justice.

Dr. Mariano Lara- became the Chief Medical Examiner of Criminal Investigation Laboratory.

Dr. Enrique V. De los Santos- Chief of Medico Legal division of the Bureau of Investigation.

Timeline of the History of Legal Medicine in the Philippines:

1858- the first medical textbook was printed in Spanish Word.

1851- teaching of legal medicine was included as an academic subject in the School of Medicine in the
UST.

March 31, 1876- by virtue of Royal Decree No. 188 “Medico Titulares” was created and made in
charge of public sanitation and at the same time medico-legal aid in the administration of justice.

1894- Medico Titular U Forences” was published.

1919- UP created the department of Legal Medicine and Ethics.

December 10, 1937 – Commonwealth Act No. 181 created the Division of Investigation under the
department of Justice.

1945- Criminal Investigation Laboratory was created.

June 19, 1945- Republic Act No. 157 created the Bureau of Investigation.

BASIC TERMS

Legal Medicine
 It is a branch of medicine which deals with the application of medical knowledge to the
purposes of law and in the administration of justice.
 Application of medicine to legal cases.

Forensic
 It denotes anything belonging to court of legal proceedings or something fitted for legal or
public argumentation.

Medicine
 Is a science and art dealing with prevention, cure and alleviation of disease. It is that part of
science and art of restoring and preserving health.

Forensic Medicine
 Application of medical science to elucidate legal problems.
Specialized Crime Investigation with Legal Medicine

Jurisprudence
 A practical science which investigated the nature, origin, development and functions of law.

Medical Jurisprudence
 Knowledge of law in relation to the practice of medicine.

Law
 Is a rule of conduct, just, obligatory, laid by legitimate power for common observance and
benefit.

Forms of Law:

1. Statutory Law- laws which are produced by the country’s legislations.


2. Common Law- laws based customs and usages.

Branches of Law Where Medicine Applied:

1. Civil law- is a mass of precepts that determines and regulates the relation of assistance,
authority, and obedience between the members of a family and those which exists among
members of a society for the protection of private interest.
2. Criminal law- is that branch or division of law which defines crimes, treats of their nature and
provides for their punishment.
3. Remedial law- is that branch or division of law which deals with the rules concerning
pleadings, practices and procedures in all courts of the Philippines.
4. Special law- law that applies to a particular place or especially to a particular member or
members of a class of persons or things in the same situation but not the entire class.

SCOPE: Application of medical and paramedical sciences as demanded by law and administration of
justice.

NATURE OF THE STUDY OF LEGAL MED:

 The ability to acquire facts, arrange them and draw a conclusion from facts in the
administration of justice.

Persons authorize to perform Autopsies


1. Medico-legal officers of law enforcement agencies like the NBI and PNP
2. Medical staff of accredited hospitals
3. Health officers in remote or rural areas

DIFFERENCE : ORDINARY PHYSICIAN MEDICO-LEGAL


OFFICER

a)Injury/Disease point of view Treatment Cause


b) Examine a patient Diagnose Testify / justice
c) Minor injuries Ignored Records all /qualify
crime
Specialized Crime Investigation with Legal Medicine

Autopsies shall be performed in the following cases.


1. Required by special laws
2. Order of competent court, mayor, fiscal
3. Written request of police officers
4. Solicitor Gen, fiscal disinters to determine cause of death.
5. Written request of nearest kin to ascertain cause of death.

EVIDENCE
 It is the means sanctioned by the rules of court of ascertaining in a Judicial preceding the truth
respecting a matter of fact.
Types of Medical Evidence:

1. Autoptic/Real or Object Evidence - It refers to pieces of evidence which are made known to the
senses of the court.

Limitations to the Presentation of Autoptic Evidence:


1.Indecency and impropriety
2.Repulsive Objects and those Offensive to Sensibilities

2. Testimonial evidence- Oral testimony made under oath.

a. Ordinary witness
b. Expert witness

3. Experimental evidence - A medical witness may be permitted to conduct experiment on laboratory


animals to prove his allegation on a certain position he had previously stated in full view of the court.

4. Documentary evidence- Written evidence presented to court by the expert witness about the subject
matter in dispute.

5. Physical Evidence- These are articles and materials which are found in connection with the
investigation and which aid in establishing the identity of the perpetrator or the circumstances under
which the crime was committed, or in general assist in the prosecution of criminal.
Specialized Crime Investigation with Legal Medicine

CHAPTER VI: MEDICO-LEGAL ASPECTS OF IDENTIFICATION

IDENTIFICATION
 Determination of the individuality of a person

Importance of identifying a person:


1. In the prosecution of a crime, the identity of the offender and victim.
2. Settlement of estates, retirement, insurance
3. Resolves anxiety of next of kin.
4. In some transactions – sales, release of dead body

Rules in personal identification:


1. Law of multiplicity of evidence in identification – greater number of similarities
2. Value of different points of identification – fingerprints , moles
3. Visual recognition of relatives –lesser value than fingerprints/dental
4. The longer interval between deaths the more experts are needed in establishing the identity.
5. The team to act in shortest time because it is perishable.
6. No rigid rule in the procedure of identification of the person.

Methods of identification:

By comparison – Identification criteria recovered during investigation are compared with records
available in the file, or post mortem findings are compared with ante-mortem records.

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

A. Ordinary methods of identification

1. Characteristics which may easily be changed:


a. clothing
b. growth of hair, beard
c. grade of profession
d. body ornamentations
e. frequent place of visit
Specialized Crime Investigation with Legal Medicine

2. Characteristics that may not be easily changed:

a. mental memory
b. hands and feet
c. speech
d. complexion
e. gait
f. changes in the eyes
g. mannerism
h. face
i. handedness-left /right
j. degree of nutrition

Gait- A person, on account of disease or some inborn traits may show a characteristics manner of
walking.

Characteristics or 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 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.

Gait patterns- is a series of foot marks by a person walking or running. This includes direction line,
gait line, foot angle, principal angle and the length and breadth of the steps.

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 check 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 swelkling which does not pit on pressure, associated
with dullness of intellect, slow monotonous speech, muscular weakness and tremor.

Points of identification applicable to both living and dead before onset of Decomposition:

Occupational marks – Certain occupation may result in some characteristics marks or identifying
guides. Ex. Painters have stain on their hands.
Specialized Crime Investigation with Legal Medicine

Race- In the living, race may be presumed in:


a. Color of the skin
Caucasian- Fair
Malayan- Brown
Mongolian- Fair
Negro- Black

b. Feature of the Face:


Caucasian- Prominent sharp nose
Malayan- Flat nose with round face
Mongolian- Almond eyes and prominent cheek bone
Negro- thick lips and prominent eyes

Stature: Tips of middle fingers of both hands extended laterally, tattoo marks

Weight – not good point – changes from time to time deformities, injuries leaving permanent
deformities, Birth marks, moles, scar

Age of Scar:

a. Recently formed: Slightly elevated, reddish/bluish, tender to touch


b. Few week-2 months: Inflammatory redness, soft, sensitive
c. 2 – 6 months: brownish, free from contraction, soft
d. 6 months: white, glistening, contracted, tough

 Scar formation is delayed by: sepsis, age, depth of wound, mobility


 May not develop – mall, superficial, healed by first intention.

 Tribal marks, Sexual organs, blood exam

ANTHROPOMETRY ( BERTILLON SYSTEM) Alphonse Bertillon


 Utilizes anthropometrical measurement of the human body for identification.

Basis:
 Human skeleton is unchangeable after 20 years.
 No two human beings have exactly the same bones.
 Use of simple instrument

Information:
 Descriptive data – color of hair, eyes, shape of nose…
 Body marks
 Anthropometric measurement – height
 Measurement of the head, limbs

Portrait Parle (spoken picture) – picturesque description of a person

Extrinsic factors in identification:


 Ornamentation
 Personal belongings
 Wearing apparel
Specialized Crime Investigation with Legal Medicine

 Foreign bodies
 Identification by close friends, police records, photographs

Light as a factor in identification:


1. Clearest moonlight = Less than 16-17 yards Starlight = Less than10-13 yards
2. Broad daylight = Not farther than 100 yards not seen before
 Almost strangers =recognized at 25 yards
3. Flash of firearm
 2 inches letters can be read with the aid of the flash of 22 calibers at a distance of 2 feet.
4. Flash of lightning – sufficient light to identify
5. Artificial light – relative to the intensity of light

SCIENTIFIC METHOD OF IDENTIFICATION

IDENTIFICATION OF THE SKELETON


 Human – shape, size, general nature
 Single individual – plurality or excess of bones

Topinard and Rollet


 Two French anatomists devised a formula for the determination of the height for males and
females.

Humphrey’s table
 Table of different height of bones for different ages and their corresponding statures.

Maneuver – made the following co-efficient for the determination of height.

Determination of sex of the skeleton:


 Pelvis
 Femur
 Skull
 Humerus
 Sternum

Difference between PELVIS Female Male

1) Construction Heavier Lighter


Wall More pronounced less pronounced

2) Height Greater Lesser


3) Pubic arch Narrow & less round Wider/rounder
4) Diameter of the true
pelvis Less Greater

5) Curve of iliac crest Reaches higher level Lower level


6) Greater Sciatic notch Narrow Wide
7) Body of pubis Narrow Wider
Specialized Crime Investigation with Legal Medicine

8) Iliopectineal line Sharp Rounded


9) Obturator foramen Egg-shaped triangular
10) Sacrum Short and narrow Long and wide

CRANIUM MALE FEMALE

1) Shaftless curve more curve


2) Mastoid process larger smaller
3) Cranium placed horizontally mastoid process occipital& maxillary bones rest
on
4)Styloid process shorter longer/slender
5).Forehead higher, more oblique less high, more vertical
6) Superciliary ridges less sharp, more rounded sharper
7) Zygomatic arches more prominent less prominent
8) Lower jaw larger & wider narrower and lighter
9) face larger in proportion to cranium smaller

Determination of the duration of interment:


 All soft tissues in a grave disappear within one year.
 Basis of the estimate for duration of interment:
 Presence or absence of soft tissue adherent to the bones.
 Firmness and weight, brittleness, dryness of the bones.
 Degree of erosion of the surface of the bones.
 Changes in the clothing, coffin, and painting.

1. IDENTIFICATION OF SEX

Legal Importance of Sex Determination:


1. As an aid in identification
2. To determine whether an individual can exercise certain obligations vested by law to one sex
only.
3. Marriage or the union of a man and a woman
4. Rights granted by law are different to different sexes.
5. There are certain crimes wherein a specific sex can only be the offender or victim.

Test to determine the sex:


1. Social test- differences in the social role of the sexes used to be clearly marked but now they
are less than they used to be. Dress, hairstyle, general bodily shape provides an immediate and
accurate answer to the vast majority of cases.
2. Genital test- presence of penis indicates a male, its absence and the presence of vaginal
opening indicates a female.
3. Gonadal test- presence of testes in male and ovary in female. This will involve exploration of
the abdomen and in some cases a histological examination of the gonad to see whether its
microscopic structure is characteristically ovarian or testicular.
4. Chromosomal test – base on cells in females

Evidences of sex:
Specialized Crime Investigation with Legal Medicine

1. Presumptive evidence
 General features, hair in some parts
 Transvestism – sexual deviation by desire to assume the attire and be accepted as a member of
the opposite sex.

2. Highly probable
 vagina, large breast

3. Conclusive evidence
 ovary in females

CHAPTER VII: MEDICO-LEGAL ASPECTS OF DEATH

Importance of Death determination:


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

Death – is the termination of life. It is a complete cessation of all the vital functions without possibility
of resuscitation. It is an irreversible loss of the properties of the living matter.

Types of death based on criteria used in determination:

1. Brain death- it occurs when there is deep irreversible coma, absence of electrical brain activity and
complete cessation of all the vital functions without possibility of resuscitation.

2. Cardio-Respiratory death- occurs when there is a continuous and persistent cessation of heart
action and respiration. It is a condition in which physician and the members of the family pronounced a
person to be dead based on the sense of intuition.

Kinds of death:

a. Somatic Death or Clinical Death

 it is the state of the body in which there is complete, persistent and continuous cessation of the vital
functions of the brain, heart and lungs which maintain life and health

 it occurs the moment a physician or the other members of the family declare a person has expired, and
some of the early signs of death are present

 immediately after death the face and lips become pale, the muscles become flaccid, the sphincters are
relax, the lower jaw tends to drop, the eyelids remain open, pupils dilate and the skin losses its elasticity

 the body fluid tends to gravitate to the most dependent portions of the body and the body heat gradually
assumes the temperature of the surroundings
Specialized Crime Investigation with Legal Medicine

b. Molecular or Cellular Death


 after cessation of vital functions of the body there is still animal life among individual cells

 this is evidenced by the presence of excitability of muscles and biliary movements and other functions
of individual cells

 about 3-6 hours later, there is death of individual cells

c. Apparent death or state of suspended animation


 is not really death but merely a transient loss of consciousness or temporary cessation of the vital
functions of the body on account of disease or external stimulus

 it may arise especially in hysteria, uremia, catalepsy and electric shock

 there are records of cases wherein a person was pronounced dead, placed in a coffin and later angrily
rise from it and walk unaided

Signs of Deaths
1. Cessation of heart action and circulation

2. Cessation of respiration

3. Cooling of the body (algor mortis)

a. After death the metabolic process inside the body ceases. No more heat is produced but the
body loses slowly its temperature by evaporation or by conduction to the surrounding
atmosphere
b. It is rapid during the first 2 hours after death and as the temperature of the body gradually
approaches the temperature of the surroundings, the rate becomes slower

4. Insensibility of the body and loss of power to move

5. Changes in the skin

6. Changes in and about the eye

7. Action of heat on the skin

Changes in the Body Following Death

1.Changes in the muscle

a. After death, there is complete relaxation of the whole muscular system


b. The entire muscular system is contractile for 3-6 hours after death, and later rigidly sets in
c. Secondary relaxation of the muscles will appear just when decomposition has set in
3 Stages of Muscle Tissue after Death
a. Stage of primary flaccidity
Specialized Crime Investigation with Legal Medicine

The muscles are relaxed and capable of contracting when stimulated. The pupils are dilated, the
sphincters are relaxed, and there is incontinence of urination and defecation.
b. Stage of post-mortem rigidity (cadaveric rigidity or death struggle of muscles or rigor mortis)
The whole body becomes rigid due to the contraction of the muscles. This develops 3-6 hours after
death and may last from 24-36 hours.

Cadaveric spasm or Instantaneous Rigor


 Instantaneous rigidity due to extreme nervous tension, exhaustion, injury to the nervous system.
 weapon in hand, weeds

RIGOR MORTIS CADAVERIC SPASM


1. Time of appearance 3-6H after death immediately after death
2. Muscles involved All muscles Certain group
3. Occurrence Natural phenomena May or may not appear
4. Medico-legal significant Approximates time of death Determine nature of death

RIGOR MORTIS MUSCLE CONTRACTION


1. Contracted muscle Losses transparency More or less transparent
2. Elasticity Loss elasticity Very elastic
3. Litmus reaction Acidic Neutral or sl. alkaline
4. Contraction Absolute flaccidity Possess inherent
contraction

c. Stage of secondary flaccidity or commencement of putrefaction (decay of the muscles)


The muscles become flaccid, no longer capable of responding to mechanical or electrical stimulus and
the reaction becomes alkaline.

2. CHANGES IN THE BLOOD

a) Coagulation of blood
 Blood may remain fluid inside the blood vessels 6-8H after death.

ANTE-MORTEM CLOT POST-MORTEM


CLOT
1.Consistency Firm Soft
2. Surface of blood vessels Raw after clots are removed smooth, health after
3.Clots Homogenous Can be stripped can’t be stripped
Off on layers

b) Post-mortem Lividity or Cadaveric Lividity, or Post-mortem Suggilation or Post-mortem


Hypostasis or Livor Mortis

 Stoppage of heart action and loss of tone of Blood vessels accumulates in dependent areas
except in bony areas.
 Capillaries coalesce > purplish in color called Post-mortem lividity.
 Hasten by death due to cholera, uremia, Typhus fever
Specialized Crime Investigation with Legal Medicine

 Appears 30 minutes to – 6 H after death and fully developed 12 H after death.

Physical characteristics of Post-mortem Cadaveric Lividity


 Occurs in the most dependent areas.
 Involves the superficial layer of the skin
 Does not appear elevated from the rest of the skin.
 Color is uniform.
 No injury of the skin

Kinds of Post-mortem Cadaveric Lividity

 Hypostatic lividity- the blood merely gravitates into the most dependent portions of the body
but still inside the bloods vessels and still fluid in form. This occurs during the early stage of its
formation

 Diffusion lividity- this appears during the later stage of its formation when the blood has
coagulated inside the body. Any change of position will not change the location of the lividity.

IMPORTANCE OF CADAVERIC LIVIDITY:

 One of the signs of death.


 Determines how long the person has been dead
 Gives us an idea as to the time of death.
 Determines the position of the body has been changed after its appearance in the body.
 Color of lividity may indicate the cause of death.

1.Asphyxia – lividity is dark


2.CO poisoning – pink
3.Hemorrhage – less marked
4.Hydrocyanic acid – bright red
5.Phosphorus – dark brown
6.Potassium chlorate – coffee brown

Points to be considered which may infer the position of the body at the time of death:
 Posture of the body when found.
 Post-mortem hypostasis or lividity
 Cadaveric spasm

CONTUSSION (BRUISE) POST-MORTEM HYPOSTASIS

1. Small bruises Below epidermis in true skin In the epidermis or cutis


2. Cuticle Abraded by the same violence Un-abraded that produce the bruise.
3. Bruise Appears at the seat or surrounding Always dependent may or may not be depending
4. Elevated, inflammatory condition Not elevated, blood in blood vessel
5. Incision shows blood outside the Blood inside the vessels most certain test of
Specialized Crime Investigation with Legal Medicine

Blood vessel
difference
6. Color variegated Uniform color

3. AUTOLYTIC OR AUTODIGESTIVE CHANGES AFTER DEATH

After death, proteolytic, glycolytic and lipolytic ferments of glandular tissues continue to act
which lead to the auto digestion of organs.

4. PUTREFACTION OF THEBODY

- Is the breaking down of complex proteins into simpler components associated with the evolution of
foul smelling gasses and accompanied by the change of color of the body.

Tissue changes in putrefaction:

1. Changes in the color of the tissue

Hemolysis of blood within blood vessels > Hemoglobin diffuses through the walls

Reddish-brown in color

In the tissues > Hemoglobin undergo chemical change

Greenish-yellow 1st seen at Right Iliac fossa

MARBOLIZATION – prominence of the superficial veins with reddish discoloration which develops
on both flanks of the abdomen, neck, and shoulder
 Look like “marbled” reticule of branching veins.

2. Evolution of gasses in the tissues

CO2, ammonia, H2, Suppurated hydrogen, methane gases are formed.

Effects of pressure of gasses of putrefaction:

 displacement of the blood – bleeding in open wounds


 bloating of the body
 fluid coming out from nostrils, mouth
 extrusion of the fetus in a gravid uterus
 floating of the body

3. Liquefaction of the soft tissues- as decomposition progresses, the soft tissues of the body undergo
softening and liquefaction.

Factors influencing the changes in the body after burial:

 state of the body before death – thin slower, mummify


 time elapsed between death and burial and environment of the body
 effect of coffin – later
Specialized Crime Investigation with Legal Medicine

Clothing and other coverings on the body when buried – pressure, insects
 depth at which the body was buried - greater the later
 condition and type of soil
 inclusion of something in the grave which will hasten decomposition-food
 access of air to the body after burial
 mass grave – rapid

trauma to the body – violent death - slow

CHRONOLOGICAL SEQUENCE OF PUTREFACTIVE CHANGES OCCURING IN


TEMPERATE REGIONS

1-3 DAYS AFTER DEATH - greenish discoloration over iliac fossa, soft eyeballs
3-5 DAYS - frothy blood from mouth, nostrils
8-10 DAYS - abdominal distention, nails firm
14-20 DAYS - blisters all over the body, maggots
2-5 MONTHS - skull exposed, orbits empty

IN TROPICAL REGION

12 HOURS - Rigor mortis all over, hypostasis, greenish-discoloration caecum


24 HOURS - Rigor mortis absent all over, abdominal distention
48 H - Ova of flies, trunk bloated, and face discolored
72 H - body grossly swollen, hairs and nails loose
ONE WEEK - Soft viscera putrefied
TWO WEEKS - Soft tissues largely gone
ONE MONTH - Body skeletonized

BEEN SUBMERGED IN WATER

FIRST 4 OR 5 DAYS Cold water little change, in rigor mortis


FROM 5 – 7 DAYS Skin on hands, feet is bleached, face faded white
1 – 2 WEEKS face swollen and red, skin of hands and feet wrinkled
4 WEEKS Skin wrinkled, nail intact
6 – 8 WEEKS Abdomen distended, skin of hands/ feet come off with nails

Factors influencing the floating of the body in water:

 Age – fully developed, well nourished - rapid


 Sex – females floats sooner
 Conditions of the body – obese float quicker
 Season of the year – moist hot air – putrefaction – floats due to gas
 Water- shallow and stagnant water of creeks, higher specific gravity
o sea water floats sooner than fresh water, higher specific gravity

6. External influence – heavy-wearing apparel - slower


Specialized Crime Investigation with Legal Medicine

Only teeth, bones and hair remain for an indefinite time.

Flat bones disintegrate faster than round bones.

SPECIAL MODIFICATION OF PUTREFACTION

1. Mummification
 It refers to the dehydration of the whole body which results in the shivering and preservation of
the body.
 usually occurs when buries in a hot, dry with free access of hot air

2. Saponification or Adipocere formation


 A condition where the fatty tissues of the body are transformed to soft brownish-white
substance known as ADIPOCERE at SQ level.

3. Maceration
 Softening of the tissues when in fluid medium in the absence of putrefactive micro-org, seen in
death in utero
 Reddish or greenish color, skin peeling off and arms flaccid and frail.

DURATION OF DEATH

1. Presence of rigor mortis : 2-3 hours after death


12 H fully developed
18-36 H disappears concomitant with putrefaction

2. Presence of Post-mortem lividity 3-6 H after death appears as small petechia-like red
spots

3. Onset of decomposition 24-48 H after death manifested watery. Foul smelling


froth, mouth, nostrils
4. Stage of decomposition

5. Entomology of the cadaver 24 H before eggs are hatched, maggots

6. Stage of digestion 3-4 H gastric empty


6-8 distal ileum, cecum
7. Presence of live flies in the clothing less than 24H
In the drowning victim
8. Amount of urine in the Bladder indicate time of death
9. State of clothings street clothes-death occur in the daytime
Pajama- death occur in nightime
10. Changes in Cerebro spinal fluid 15 hrs following death
11. Post mortem clotting and decoagulation 6 –8 H after death.
11. Soft tissues of the skeletal remains 1 to 2 years after burial
12. Conditions of the bones loss of animal matter

PRESUMPTION OF DEATH
Specialized Crime Investigation with Legal Medicine

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
1. under 15 y.o. – older survives
2. above 60 y.o. - younger
3. under 15, above 60 - former
4. over 15 and under 60 y.o. – male, older
5. under 15, or over 60 y.o. and the other in between - latter

MEDICO-LEGAL INVESTIGATION OF DEATH

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

The following officials of the government are authorized to make death investigations:
 Provincial and City Prosecutors
 Judges of the RTC, MTC
 Director of NBI
 Solicitor General

Stages of MEDICO-LEGAL INVESTIGATION:

1.Crime Scene Investigation – investigation of place of commission of the crime


2.Autopsy - investigation of the body of the victim

1. Crime Scene Investigation


 place where the essential ingredients of the crime took place.
 Person composed the Search Team:
 Physician MLI trained
 Photographer
 Assistant, evidence collector, note taker

2. Autopsy
 Comprehensive study of a dead body, in addition to the external examination.
 Purpose of autopsy:
 Determine cause of death
 Correlate clinical diagnosis and symptoms
 Determine effectiveness of treatment
 Study the natural course of the disease
 Educate students and physicians

Post-mortem examination
Specialized Crime Investigation with Legal Medicine

 It refers to external exam without incision being made.

MEDICO-LEGAL OR OFFICIAL AUTOPSY:


 Determine cause, manner, time of death
 Recovering, identifying, preserving evidentiary material
 Provide interpretation and correlation of facts related to death
 Provide factual, objective medical report
 Separating death due to disease from external causes

Dead body belongs to the state for cases that requires medico-legal autopsy.

PATHOLOGICAL AUTOPSY MEDICO-LEGAL AUTOPSY

1. Requirement Consent of next of kin Law that gives the consent


2. Confirmation Clinical findings of research Correlate tissue changes to criminal act
3. Emphasis Notation at all abnormal findings Effect of wrongful act
4. Conclusion Summation of all abnormal findings Specific to the purpose
5. Minor Need not be mentioned Included if useful

The following manner of death should be autopsied:


 Death by violence
 Accidental deaths
 Suicides
 Sudden death of persons who are in good health
 Death unattended by physician
 D.O.A. with no clinical diagnosis
 Death occurring in an unnatural manner

Mistakes in autopsy:
 Error or omission in the collection of evidence for identification
 Errors or omission in the collection of evidence required for establishing the time of death
 Errors or omission in the collection of evidence required for the medico-legal examination.
 Errors or omission result in the production of undesirable artifacts or in the destruction of valid
evidence.

Negative autopsies
 If after all efforts including gross and microscopic studies and toxicological analysis fail to
reveal a cause of death.
 Negligent autopsy
 No cause of death is found due to imprudence, negligence, lack of skill, lack of foresight.

CAUSES OF DEATH

Primary purpose of a medico-legal autopsy:


 Determination of the cause of death.
 Death is the direct and the proximate consequence of the criminal or negligent act.

Defense wounds on the victim:


 Qualify the crime to homicide.
 Series of cuts in the borders of the wound: Multiple trust- intent to kill.
Specialized Crime Investigation with Legal Medicine

Cause of death: is the injury or disease or both which initiates the physiological disturbance resulting
to a fatal termination.

Immediate or Primary cause of death


 When injury or disease kills quickly the victim and no opportunity for complications to
develop.
 Ex: extensive brain injury

Proximate cause or Secondary cause


 the injury or disease was survived for a longer period

Mechanism of death
 Refers to the physiologic derangement or biochemical disturbance incompatible with life
which is initiated by the cause of death.
 Ex: Hemorrhagic shock, pulmonary depression, cardiac arrest, tamponed metabolic
problem.
Manner of death: is the explanation as to how the cause of death arose.

1. Natural death – fatality is cause solely by disease. Ex: pneumonia, cancer


2. Violent or unnatural death – due to injury

Medico-legal masquerade- violent deaths may be accompanied by minimal or no external evidence of


injury or natural death where signs of violence may be present.

Degree of Certainty to the cause of death:

1.Structural abnormalities established beyond doubt the cause of death. Ex. SW with H.
2.Degree of probability amounting to the cause of death. Ex: Electrical shock
3.History establishes cause of death and confirmed by anatomic or chemical findings.
4.When neither history, laboratory nor anatomic findings, taken individually or in combination
is sufficient to determine the cause of death but merely speculate as to the cause of death. Ex.
Crib death among infants.

DOA – means actually dead or dying provided the physician had not been given ample opportunity to
arrive at a working diagnosis as to the cause of death.

Undetermined - if the physician cannot determine the cause of death.

MEDICO-LEGAL CLASSIFICATION OF THE CAUSES OF DEATH

a. Natural death – cause by natural disease condition in the body.

b. Violent death
 Accidental death
 Negligent death
 Infanticidal death
 Parricidal death
 Murder
 Homicidal death
Specialized Crime Investigation with Legal Medicine

If signs of violence are associated with the natural cause of death:

* Did the person die of a natural cause and were the physical injuries inflicted immediately after
death?
 Violence applied in a dead person: Impossible crime.

* Was the victim suffering from a natural disease and the violence only accelerate the death?
 Offender responsible of the death of the victim.
 Criminal liability shall be incurred by any person committing a felony although the wrongful
act done be different from which he intended. (Art.4 no.1 RPC)

* Did the victim die of a natural cause independent of the violence inflicted?
 Accused will not be responsible for the death but merely for the physical injuries he had
inflicted. Ex. Slapping a person with heart problem, only slight physical injury.
 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 following are deaths due to natural causes:

1. Affection of the Central Nervous System

a. Cerebral apoplexy – sudden loss of consciousness followed by paralysis or death due to

1. Cerebral Hemorrhage- brought about by breaking or rupture of the blood vessels inside the
cranial cavity.
2. Cerebral embolism- blocking of the cerebral bloods vessels by bolus or matters in the
circulation.
3. Cerebral thrombosis- occlusion of the lumen of the cerebral vessels by the gradual thickening
of its wall thereby preventing the flow of blood peripheral to it.
4. Meningitis of the fulminant type- inflammation of the covering membranes of the brain due
to infection or some other causes.

2. Affection of the circulatory system

a. Occlusion of the coronary vessels

 Most common cause of Sudden death due to natural causes.

b. Fatty or myocardial degeneration of the heart

c. Rupture of the aneurysm of the aorta


d. Valvular heart disease
e. Rupture of the heart

3. Affections of the Respiratory system


Acute edema of the larynx
 Tumor of the larynx
 Diptheria
 Edema of the lungs
Specialized Crime Investigation with Legal Medicine

 Pulmonary embolism
 Lobar pneumonia
 Pulmonary hemorrhage

4. Affections of the Gastro Intestinal Tract


a. Ruptured Pectic ulcer
b. Acute intestinal obstruction

5. Affections of the Genito Urinal Tract


 Acute strangulated hernia
 Ruptured tubal pregnancy
 Ovarian cyst with twisted pedicle

6. Affection of the glands


 Status thymico-lymphaticus
 Acute hemorrhagic pancreatitis

7. Sudden death in young children


 Bronchitis
 Congestions of the lungs
 Acute broncho-pneumonia
 Acute gastroenteritis
 Convulsion
 Spasm of the larynx

B. Violent death
 Are due to injuries inflicted in the body by some forms of outside force.
 The physical injury must be the proximate cause of death.
 That the victim at the time the physical injuries were inflicted was in normal health.
 That the death may be expected from the physical injuries inflicted.
 That the death ensued within a reasonable time.

CLASSIFICATION OF TRAUMA OR INJURIES

 Physical injury – trauma sustained through the use of physical force.


 Thermal injury – injury by heat or cold
 Electrical injury – electrical energy.
 Atmospheric injury – due to change of atmospheric pressure.
 Chemical injury – chemicals
 Radiation injury – radiation
 Infection – microscopic invasion

PATHOLOGICAL CLASSIFICATION OF THE CAUSES OF DEATH


 Death due to syncope – fatal and sudden cessation of the action of the heart.
 Death from asphyxia – a condition in which the supply of oxygen to the blood or to the tissues
or to both has been reduced below normal working level.
 Stage of increasing dyspnea 1 min
 Stage of Expiratory convulsion
 Stage of exhaustion 3 min
Specialized Crime Investigation with Legal Medicine

c. Death from coma

SPECIAL DEATHS

Judicial deaths
 Art. III Sec.1 Par. 19 Phil. Const. “cruel and unusual punishment shall not be inflicted. ;
electrocution, hanging, musketry, gas chamber.
 Euthanasia or mercy killing
 Suicide

Automatism - due to drug may be considered as accidental rather than suicidal.

Evidences that will infer death is suicidal:

 History of depression, mental disease.


 Previous attempt
 Injuries are located in areas accessible to hand.
 Effects of the act of self-destruction may be found in the victim;, empty bottle
 Presence of suicidal note.
 Secluded, not in public view.
 Evidences which rule out H,M, P

Death from starvation:

 Cause may be due to suicidal, homicidal or accidental.


 The human body without food losses 1/24th of its weight daily.
 And 40% loss of death
 Factors that influence the length of survival: age, condition of the body, sex, environment.

DISPOSAL OF THE DEAD BODY

Sec.1103 Revised Administrative Code: Persons charged with the duty of burial.

Deceased was married: the surviving spouse

If unmarried: the nearest of kin of the deceased; adults, within the Phil. And in possession of
sufficient means to defray the necessary expenses.

If none of the above – municipal authorities.

DEATH BY ASPHYXIA

Asphyxia – Applied to all forms of violent death due to interference with process of respiration
- Conditions in which the supply of O2 to the blood or tissues or both has been reduced below normal
level.

Types of asphyxial death:

1. Anoxic death
Specialized Crime Investigation with Legal Medicine

 Failure of arterial blood to be normally saturated with O2 due to:


 Breathing in an atmosphere with insufficient O2- High altitude
 External obstruction of the air passage – traumatic crush asphyxia
 Paralysis of the respiratory center – poisoning, injury, anesthesia
 Mechanical interference of the passage of air- drowning, asthma
 Shunting of blood

2. Anemic anoxic death


 Decrease capacity of the blood to carry O2 due to Hge, CO poisoning, Low Hgb

3. Stagnant anoxic death


 Failure of circulation due to Heart failure, shock, arterial venous obstruction

4. Histotoxic anoxic death


 Failure of the cellular oxidative process cannot be utilized in the tissues. Cyanide

Phases of asphyxial death:

1.Dyspneic phase – Breathing is rapid and deep, PR inc., Rise of BP


- due to lack of O2 and retention of CO2

2. Convulsive phase – Cyanosis more pronounced, pupils dilated, unconscious


- Tardieu spots =petechia /hges in the visceral organs
- due to stimulation of CNS by CO2

3. Apneic phase – Breathing is shallow, gasping


- Due to paralysis of respiratory center

Classification of Asphyxia:
 Hanging
 Strangulations: by ligature, manual strangulation, spl forms –palmar
 Suffocation: choking
 Asphyxia by drowning
 Asphyxia by pressure on the chest
 Asphyxia by irrespirable gasses

A. ASPHYXIA BY HANGING
- It is a form of violent death brought about by the suspension of the body by a ligature which encircles
the neck and the constricting force is the weight of the body.

Classification of Asphyxia By Hanging

1. As to location of the ligature and knot

a. Typical- when the ligature runs from the midline above the thyroid cartilage symmetrically
encircling the neck on both sides to the occipital region.
b. Atypical- when the ligature is tied or noosed and present on one side of the neck, in front or behind
the ear, or on the chin.

2. As to amount of constricting force


Specialized Crime Investigation with Legal Medicine

a. Complete- when the body is completely suspended and the constricting force is in the whole weight.
b. Partial- when the body is partially suspended as when the victim is sitting, kneeling, reclining,
prone or in any other positions.

3. As to Symmetry
a. Symmetrical- when the knot or noose is at the midline of the body either at the occiput or just
below the chin.
b. Asymmetrical- when the knot or noose is not in the midline but on one side, with the head titled to
the side opposite the location of the noose or knot.

Causes of death in hanging:


 Simple asphyxia by blocking the air passage.
 Congestion of the venous blood vessels in the brain.
 Lack of arterial blood in the brain.
 Syncope due to pressure on the vagus and carotid sinus.
 Injury in the spinal column
 Combination of the above.

Hanging is ante-mortem: Vital reaction= principal criterion


 Redness or ecchymosis at the site of ligature.
 Ecchymosis of the pharynx and epiglottis.
 Line of redness or rupture of the intima of the carotid artery

B. ASPHYXIA BY STRANGULATION

Strangulation by ligature is produced by compression of the neck by means of a ligature which is


tightened by a force other than the weight of the body.

Distinction between hanging and death by strangulation

HANGING STRANGULATION WITH LIGATURE

1.HYOID BONE Frequently injured Frequently spared

2.DIRECTION Inverted V-shape Usually horizontal


OF LIGATURE
MARK

3. LIGATURE At level of Hyoid bone Below larynx


LOCATION

LIGATURE Deepest opposite the knot Uniform depth


GROOVE

5. VERTEBRAL Frequently observed Not observed


INJURY

Manual strangulation or throttling:


Specialized Crime Investigation with Legal Medicine

- Form of asphyxia death where the constricting force is the hand.

C. ASPHYXIA BY SUFFOCATION
- Occlusion of air from the lungs by closure of air openings or obstruction of the air passageway from
the external openings to the air sacs.

Smothering:
 A form of asphyxia death cause by closing the external respiratory orifices.
Overlaying
 most common in children : pressure of pillows
Gagging
 Application of materials to prevent air to have access to mouth and nostrils.

Plastic bag suffocation

Choking
 Form of suffocation by the impaction of F.B. in the respiratory passage.

D. ASPHYXIA BY SUBMERSION OR DROWINING


- Form of asphyxia where the nostrils and mouth has submerged in watery fluid.

Time required for death in drowning:


- Submersion for 1 ½ minutes considered fatal.
- Average time required for death in drowning is 2 to 5 minutes.

Emergency treatment in Drowning


1. Schaefer’s method–Face down, prone position: operator exerts pressure in ribs
2. Sylvester’s method- Lying on his back, astride over body, swinging arms

Post-mortem findings:

1. External findings

a) Wet clothes, pale face, F.B. clinging on skin surface


b) “Cutis anserine” or “goose flesh” – skin is pale, contracted
c) Washerwoman’s hands and feet – skin of hands & feet: bleached
d) Postmortem lividity – marked in the head, neck and chest.
e) Presence of firmly - clenched hands with objects – Person was alive at first
f) Physical injuries for struggle
g) Suicidal drowning – Pieces of stone
Specialized Crime Investigation with Legal Medicine

CHAPTER VIII: MEDICO-LEGAL ASPECTS OF PHYSICAL INJURIES

Physical injury : is the effect of some of stimulus on the body.


 Stab wound the effect is immediate but a blunt object is delayed production on the contusion.

Causes of Physical Injuries

 Physical violence
 Heat or cold
 Electrical energy
 Chemical energy
 Radiation by radioactive substances
 Change of atmospheric pressure
 Infection

CLASSIFICATION OF WOUNDS:

1. AS TO SEVERITY

Mortal wound – caused immediately after infliction that is capable of death.

Parts of body that are mortal – heart, vessels, CNS, lungs, other organs.

b. Non-mortal wound - Not capable of producing death after infliction.

2. AS TO KIND OF INSTRUMENT USED

a. Blunt instrument – contusion, hematoma, lacerated wound.

b. Sharp instrument
 Sharp-edge instrument > incised wound
 Sharp pointed > punctured wound
 Sharp edge and sharp-pointed > stab

c. Wounds brought about by tearing force – lacerated wound


d. By change in atmospheric pressure – barotraumas.
e. Wounds brought about by heat or cold – frostbite, scald, burns.
f. Wounds brought about by chemical explosion – Gunshot wound, shrapnel wound
g. Wounds brought about by infection.

3. AS TO THE MANNER OF INFLICTION


Specialized Crime Investigation with Legal Medicine

a. HIT – means of bolo, blunt instrument, axe.


b. TRUST or STAB – bayonet dagger
c. GUN POWDER EXPLOSION – Projectile or shrapnel wound.
d. SLIDING or RUBBING or ABRASION

4. AS REGARDS TO THE DEPTH OF THE WOUND


a. Superficial – wound involves only the layers of the skin.
b. Deep – inner structures beyond the layers of the skin.

PENETRATING WOUND - Wounding agent did not come out or piercing a solid organ.

PERFORATING WOUND – Wounding agent produces communication between the inner and outer
portion of the hollow organs.

OR piercing or traversing completely a particular part of the body causing communication between
the points of entry and exit of the instrument or substance producing it.

5. AS REGARDS TO THE RELATION OF THE SITE OF APPLICATION OF FORCE AND


THE LOCATION OF INJURY

a. Coup Injury
 Physical injury which is located at the site of the application of force.

b. Contre
 Coup injury – opposite the site of the application of force.

c. Coup contre
 Coup injury – site and also opposite of application of force

d. Locus minoris resistencia


 Physical injury not located at the site or opposite the site of the application of force but in some
areas offering the least resistance to the force applied.
 Example: Blow in forehead > contusion on the region of the eyeball.

e. Extensive injury
 Physical injury involving a greater area of the body beyond the site of the application of force.

6. AS TO REGIONS OR ORGANS OF THE BODY INVOLVED

Injuries in various parts of the body

7. SPECIAL TYPES OF WOUNDS

a) DEFENSE WOUNDS – Instinctive reaction of self-preservation. > hands/fractures

b) PATTERNED WOUND – Wound in the nature and shape of the instrument. > Wheels, abrasions
from rope.

c) SELF-INFLICTED WOUNDS - Wound produced on oneself but no intention to end his life.
Specialized Crime Investigation with Legal Medicine

Motive of producing self-inflicted wounds:

 To create or deliberately magnify an existing injury or disease for pension or workman’s


compensation.
 To escape certain obligations or punishment.
 To create a new identity.
 Gain attention or sympathy.
 Psychotic behavior.

Some ways of self-mutilation:


 Head banging or bumping
 Exposure of body to heat radiation from open fires, radiators
 Penetrating nail to chest wall
 Castration by amputation of the penis
 Trichotillomania- pulling of body hair

LEGAL CLASSIFICATION OF PHYSICAL INJURIES

1. MUTILATION Art. 262 RPC

Kinds of mutilation:
 Intentionally depriving a person, totally or partially of some of
 The essential organs for reproduction.
 Intentionally depriving a person of any part or parts of the human body other than the organs
for reproduction.
 Mutilation to be punishable it must be intentional or not physical injury.
MAYHEM
 is the unlawful and violent deprival of another of the use of a part of the body so as to render
him less able in fighting, either to defend himself or to annoy his adversary.

Vasectomy/Tubal ligation
 These are not considered mutilation and a legitimate method of contraception despite the fact
that it is done intentionally and deprives a person of his power of reproduction.

TYPES OF WOUNDS (MEDICAL CLASSIFICATION)

1. CLOSED WOUND – no breach of continuity of the skin or mucous membrane.


a. Superficial – When the wound is just underneath the layers of the skin
or mucous membrane.

a.1 –PETECHIAE – is a circumscribed extravasation of blood in the subcutaneous tissue or


underneath the mucous membrane. Example: mosquito bite, blood disease, hanging

a.2 – CONTUSSION – is the effusion of blood into the tissues underneath the skin on account of the
rupture of the blood vessels as a result of the application of blunt force or violence.
= size of contusion greater than the size of the object.
= Location of the contusion is not always the site of application of the force. Example: Black eye>
Forehead

Medico-legal point of view:


Specialized Crime Investigation with Legal Medicine

A contusion as indicated by its external pattern may correspond to the shape of the object or weapon
used.

Extent - the possible degree of violence applied.

Distribution - indicates the character and manner of injury as in manual strangulation around the neck.

Age of Contusion: appreciated from its color change

The size tends to become smaller from the periphery to the center and passes through a series of color
changes as a result of the
 Disintegration of the RBC and liberation of hemoglobin.

The contusion is red, purple soon after its complete development.


 4 to 5 days > green
 7 to 10 days > yellow and gradually disappears on the 14th or 15th day.
 The ultimate disappearance of color varies from 1 to 4 weeks depending upon the severity and
constitution of the body.
 The color changes starts at the periphery
FACTORS INFLUENCING THE DEGREE AND EXTENT OF CONTUSSION

General condition of the patient.

 Part of the body affected. Fatty tissues, bloody parts - contused easily
 Fibrous areas, muscle less
3. Amount of force applied –The greater the force, the more effusion of blood.

4. Disease – Contusion may develop with or without application of force.


Example: Aplastic anemia, whooping cough

5. Age – Children and old age tend to bruise easily.

6. Sex – women, obese easily develops unlike boxers.

7. Application of heat and cold

The distinction between ante-mortem and post-mortem contusions in an un-decomposed body is that
in;

 Ante-mortem bruising: there is swelling, damage to epithelium, extravasation, coagulation


and infiltration of the tissues with blood.

2. Post-mortem bruising there are no such findings.

A.3 HEMATOMA is the extravasations or effusion of blood in a newly formed cavity underneath
the skin. When the blunt instrument hit a hard part of the body like a bony part which is superficially
located.
Specialized Crime Investigation with Legal Medicine

Force causes the subcutaneous tissue to rupture on account of the presence of a hard structure
underneath.
Specialized Crime Investigation with Legal Medicine

DISTINCTION BETWEEN CONTUSION AND HEMATOMA

In contusion- the effused blood are accumulated in the interstices of the tissues underneath the
skin
In hematoma blood accumulates in a newly formed cavity underneath the skin.

in contusion, the skin shows no elevation and is ever elevated, the elevation is slight and is on
account of inflammatory changes

In hematoma – the skin is always elevated.

In contusion, puncture or aspiration with syringe of the lesion, no blood can be obtained.
In hematoma – shows presence of blood and subsequent depression of the elevated lesion.

Abscess, gangrene, hypertrophy, fibroid thickening and even malignancy are potential
complications of hematoma.

MUSCULO-SKELETAL INJURIES

Sprain - partial or complete disruption in the continuity of a muscular or ligamentous support of


a joint, due to a blow, kick or torsion force.

Dislocation – displacement of the articular surface of bones entering into the formation of a
joint.

Fracture – solution of continuity of bone resulting from violence or some existing pathology.

a. Close or Simple Fracture – no break in continuity of the overlying skin.


b. Open or Compound Fracture – Fracture is complicated by an open wound caused by the
broken bone which protruded with other tissues of the broken skin.
c. Comminuted Fracture – Fractured bone is fragmented into several pieces.
d. Greenstick Fracture – Fracture wherein only one side of the bone is broken while the other is
merely bent.
e. Linear Fracture – when the fracture forms a crack usually in flat bones.
f. Spiral Fracture – break in the bones forms a spiral manner as seen in long bones.
g. Pathologic Fracture – Fracture caused by weakness of the bone due to disease.

Strain – the over-stretching instead of an actual tearing or the rupture of a muscle or ligament
which may not be associated with the joint.

5. Subluxation – Incomplete or partial dislocation.

INTERNAL HEMORRHAGE-rupture of blood vessels which may cause hemorrhage due to


the following:

 Traumatic intracranial hemorrhage.


 Rupture of parenchymatous organs.

56
Specialized Crime Investigation with Legal Medicine

 Laceration of other part of the body.

2. OPEN WOUNDS

a. Abrasion (Scratch, graze, impression mark, friction mark)


 It is an injury characterized by the removal of the superficial epithelial layer of the skin
caused by a rub r friction against a hard rough object.
 Contusion with abrasion = forcible contact before friction occurs.
 The shape varies and the raw surface exudes blood and lymph which later dries and
forms a protective covering as SCAB or CRUST.

Characteristics of abrasion:

1. It develops at the precise point of the force causing it.


2. Grossly or with the aid of a hand lens the injury consists of parallel linear injuries which
are in line with the direction of rub or friction causing it.
3. It may exhibit the pattern of the wounding material.
4. Usually ignored by attending physician. Medico-legal viewpoint
abrasions caused by fingernails may indicate struggle or assault and are usually located
in the face, neck, forearms and hands.
abrasions resulting from friction on rough surfaces are located in bony parts and are
usually associated with contusion or laceration.
nature of the abrasion may infer degree of pressure, nature of the rubbing object and the
direction of movement.
5. Abrasion heals in a short time and leaves no scar unless if not infected or if the whole
thickness of the skin is involved.

Forms of abrasion

1. Linear abrasion – appears as a single line, straight or curve.

2. Multi-linear – develops when the skin is rubbed on a hard rough object producing several
linear marks parallel to one another.

3. Confluent – linear marks in the skin are almost indistinguishable on account of the severity of
friction and roughness of the object.

4. Multiple – several abrasions of varying sizes and shapes may be found in different parts of the
body.

Types of abrasion

1. Scratch – caused by sharp pointed object which slides across the skin, like pin, thorn or
fingernail.
 Injury usually parallel to the direction of slide.

57
Specialized Crime Investigation with Legal Medicine

= Fingernail scratch > broad at point of commencement with tailing at the end.

2. Graze – usually caused by forcible contact with rough, hard objects resulting to irregular
removal of the skin surface.
 course indicated by a clean commencement and tags on the end.

3. Impact or imprint abrasion ( patterned abrasion, stamping abrasion, abrasion a la signature)


 those whose pattern and location provides objective evidence to show cause, nature of
the wounding instrument and the manner of assault or death.
 marks of grid of radiator, thread marks of wheel, teeth marks.

4. Pressure or friction abrasion – caused by pressure accompanied by movement usually


observed in hanging or strangulation.
 spiral strands of the rope as seen in the skin in hanging.

Differential diagnosis:

1. Dermal erosion - gradual breakdown or very shallow ulceration of the skin which involves
only the epidermis and heals without scarring.

2. Marks of insects and fishes bites – skin injury is irregular with no vital reaction and usually
found on angles of the mouth, margins of nose, eyelids and forehead.

3. Excoriation of the skin by excreta – found in infants and the skin lesions heals when the
cause is removed. No apparent history of rubbing trauma on the affected area.

4. Pressure sore – usually found at the back at the region of bony prominence. History of long
standing illness and bed ridden.

ANTEMORTEM ABRASION POSTMORTEM


ABRASION

COLOR reddish-bronze due to slight yellowish and transparent exudation of


blood

LOCATION any area over bony prominence


Rough handling of the cadaver

VITAL with intra vital reaction shows not vital reaction and

REACTION may show remains of damaged is characterized by a separation. Epithelium


of the epidermis from complete loss of the former.

58
Specialized Crime Investigation with Legal Medicine

b. Incised wound (cut, slash, slice) produced by a sharp-edged (cutting) or sharp-linear edge of
the instrument like a knife, razor, bolo, glass etc.

 Impact cut > when there is forcible contact of the cutting instrument with the body
surface.
 Slice cut > when cutting injury is due to the pressure accompanied with movement of the
instrument
 Chopped or Hacked wound > when the wounding instrument is a heavy cutting
instrument like saber
 injury is severe

Characteristics of incised wound


1. Edges are clean cut.
2. The wound is straight
3. Usually the wound is shallow near the extremities and deep at the middle portion.
4. Profuse hemorrhage because of the clean cut on the vessels.
5. Gaping is usually present due to the retraction of the edges.
6. Clothes will also show a clean cut if cut by the instrument.
7. Faster healing if without complications.
8. Incised wound made by broken glasses maybe irregular, needs to be removed.

Changes that occur in an incised wound:


After 12 hours – edges are swollen, adherent with blood and with leukocyte infiltration.
After 24 hours – proliferation of the vascular endothelium and connective tissue cells.
After 36 to 48 hours –capillary network complete, fibroblasts running at right angles to the
vessels.
After 3 to 5 days – vessels show thickening and obliteration.

Why a person suffers from incised wound:

 As a therapeutic procedure.
 As a consequence of self-defense
 Masochist may self-inflict incised wounds for self-gratification.
 Addicts and mental patients.

3. STAB WOUNDS – is produced by the penetration of a sharp and a sharp edged instrument
like a knife, scissors. If the sharp edge is the one that comes in contact with the skin then it is an
incised wound. If the sharp pointed portion first come in contact, it is a stab wound.

 surface length may reflect the width of the wounding instrument.

 smaller when the wound is not so deep.

59
Specialized Crime Investigation with Legal Medicine

 wider if upon withdrawal is not in the same direction as seen in slashing movement. The
presence of an abrasion from the extremity of the skin defect is in line with direction of
the slashing movement.

The extremities of stab wound may show the nature of the instrument used.

 A doubled bladed weapon shows both extremities to be sharp.


 A single bladed weapon – one of its extremities as rounded and contused, not seen if
instrument is quite thin.

 The direction of the surface defect may be useful in the determination of the possible
relative position of the offender and the victim when the wound was inflicted.

 As to whether the wound is slit-like or gaping depends on the direction of the wound to
the Lingers line.

The depth of the wound may be influence by:

1. Size and sharpness of the instrument.


2. Area of the body involved
3. The degree of force applied

Hemorrhage is always the most serious consequence of stab wound due to the severance of
blood vessels or involvement of bloody organs.

How to describe stab wound:

A. Length of the skin defect – edges must be capitated before the length is measured.

 Tailing – the direction of withdrawal of the wounding weapon.

B. Condition of the extremities


 Sharp extremity > sharpness of the instrument used.
 If both extremity are sharp > double bladed weapon is used.

C. Condition of the edges.


 edges are regular and clean cut> due to one stabbing act.
 serrated or zigzag in appearance > several stabbing wounds ( series of thrust and
withdrawal.)

D. Linear direction of the wound – it may be running vertically, horizontally, or upward


medially or laterally.

E. Location of the stab wound – to include exact measurement from anatomical landmarks.

F. Direction of the penetration – must be tri-dimensional

60
Specialized Crime Investigation with Legal Medicine

G. Depth of the penetration


H. Tissue and organs involved

Stab wounds may be:

A. Suicidal
1. Located over vital parts of the body.
2. Usually solitary
3. Located over covered parts of the body, the clothing is not involved
4. Stab wound is accessible to the hand of the victim
5. Hand of victim is smeared with blood
6. Wounding weapon is firmly grasped by the hand of the victim.
7. If stabbing is accompanied with slashing movement, the wound tailing abrasion is seen
towards the hand inflicting the injury.
8. Suicide not may be present
9. Presence of a motive for self-destruction.
10. No disturbance in the death scene with wounding instrument found near the victim.

B. Homicidal – stabbing with homicidal intent is the most common

Characteristics:
1. Injuries other than stab wound may be present.
2. Stab wound may be located in any part of the body.
3. Usually more than one stab wound
4. A motive for stabbing, if none then the offender either insane/drugs
5. Disturbance in the crime scene

Medical evidence showing the intent of the offender to kill the victim:

There are more than one stab wounds

1. Stab wounds located in different parts of the body


2. Stab wounds are deep
3. Serrated stab wounds means thrust and withdrawal of the wounding weapon to increase
internal damages.
3. Irregular or stellate shape skin defects> due to changing direction of the weapon with the
portion of the instrument at the level of the skin as the lever.

4. PUNCTURED WOUND - is the result of a thrust of a sharp pointed instrument.

 External injury is quite small but the depth is to a certain degree.; ice-pick, nail

 Nature of the external injury depends on the sharpness of the end of the wounding
instrument:
 contusion of the edges> if end is not sharp
 Opening may be> round, elliptical, diamond shaped or circulate.

61
Specialized Crime Investigation with Legal Medicine

 External hemorrhage is limited although internal injuries may be severe.> blood


 Vessels and bloody organs is fatal if no intervention applied.
 Site of external wound can be easily sealed by dried blood, serum, or clotted bld.
 Punctured wounds are usually accidental

Characteristics:

 The opening of the skin is very small; wound is much deeper than it is wide.
 External hemorrhage is limited than internally may be severe.
 Sealing of external opening is favorable for the growth and multiplication of anaerobic
organism like bacillus tetani.

4. LACERATED WOUNDS ( TEAR, RUPTURE, STRETCH “PUTOK”)

 Is a tear of the skin and the underlying tissues due to forcible contact with a blunt
instrument?
 May be produced by a hit with a piece of wood, iron bar, fist, stone, butt.
 If the force is applied to a tissue is greater than its cohesive force and elasticity> the
tissue tears and a laceration is produced.

Characteristic:

 Shape and size of the injury does not correspond to the wounding instrument tear on the
skin is rugged with extremities irregular, ill-defined.
 Injury developed where the blunt force is applied.
 Borders of the wound are contused and swollen.
 Developed in areas where the bone is superficially located like scalp.
 Examination with the aid of hand lens shows bridging tissue joining the edges and hairs
bulbs is intact.
 Bleeding is not extensive due to blood vessels are not severed evenly.
 Healing process is delayed and has a tendency to develop a scar.

Classification of lacerated wounds:

1. Splitting caused by crushing of the skin between two hard objects.


Ex: laceration of scalp hit by a bunt instrument, cut eyebrow of a boxer.

2. Overstretching of the skin


- When pressure is applied on one side of the bone> the skin over the area will be stretched up to
a breaking point to cause laceration and exposure of the fractured bone.
In avulsion: The edges of the remaining tissue are that of laceration.

3. Grinding compression
- The weight and the grinding movement may cause separation of the skin with the underlying
tissues.

62
Specialized Crime Investigation with Legal Medicine

4. Tearing
- This may be produced by a semi-sharped edged instrument which causes irregular edges on the
wound like hatchet and choppers.

Lacerated wounds are rarely suicidal.

Distinction between an Incised Wound and Lacerated Wound

Incised wound Lacerated Wound

Edges are clean cut, regular and well-defined Edges are roughly cut, irregular and ill-
defined
There is no swelling or contusion around the There is swelling and contusion around the
incised wound lacerated wound
Extremities of the wound are sharp or may be Extremities of the wound are ill-defined and
round or contused irregular
Examination by means of a magnifying lens Examination with a magnifying lens shows
shows that the hair bulbs are cut that the hair bulbs are preserved
Healing is faster Healing is delayed
Scar is linear or spindle-shaped Scar is irregular
It is caused by a sharp-edged instrument It is caused by a blunt instrument

GAPING OF WOUND
- Separation of the edges especially in deep wound may be due to the following:

1. Mechanical stretching or dilatation- the presence of a mechanical device on the edges to


prevent cooptation will cause separation. Example: drain in an abscess, retractor during
operation.

2. Loss of tissue due to:

a. Destruction due to pressure, infection, cell lysis, burning, chemical reaction.


b. Avulsion or physical or mechanical stretching resulting to separation of a portion of the tissue.
c. Trimming of the edges – debridement of the skin which comes in contact with the bullet at the
entrance and exit of GSW and removal of necrotic materials.

3. Retraction of the edges- underneath the skin is dense networks of fibrous and elastic
connective tissue fibers running on the same direction and forming a pattern more or less present
in all persons.
This pattern of fiber arrangement is called cleavage direction or lines of cleavage of the skin and
their linear representation on the skin is called Langer’s line.

Practical ways of determining how much of the skin surface is involved in an injury or
disease:

63
Specialized Crime Investigation with Legal Medicine

 Skin functions as a mechanical protection of the body, storage of water.


 Determination of how much skin is involved is important in the mode of treatment and
prognosis especially in burns, contusion..
 Burns of 70% in children and older age group are fatal.
 Rule of nine is used.

Factors responsible for the severity of the wound:


1. Hemorrhage may influence the severity of wound by:
a. loss of blood incompatible with life
 Blood constitutes 1/20 of the body weight of an adult.
 5 to 6 quarts of blood ( one quart is 946 cc)
 Loss of 1/10th of its volume will cause no significant change.
 loss of one quart> fainting
 loss of 1/3rd to 2/5th > irreversible shock
 Males can withstand more loss of blood than females.
 Hypertension causes more excessive and rapid bleeding.
b. Hemorrhage may result in an increase in pressure in or on the vital organs to affect the
normal function.
 Intracranial hemorrhage causes compression of the vital centers of the brain.
 hem pericardium > pericardial tamp
 Hemorrhage to the chest> diminution of the respiratory output>anoxia.
c. Hemorrhage may cause mechanical barriers to the function of organs.
 into trachea-bronchial Lumina> asphyxia
 Into muscles > disturbance in their contractility.

Causes of hemorrhage:

a. trauma - destruction of its blood vessel wall


b. natural causes
2. Size of injury - burns greater than 1/3rd of the body are fatal
3. Organs involved – usually fatal to heart, brain, lungs.
4. Shock – blow to genitalia, slight burns to young and old.
5. Foreign body or substance introduced into the body - bacterial, viral, foreign body,
chemicals
PHYSICAL INJURIES IN THE DIFFERENT PARTS OF THE BODY

1. HEAD AND NECK


- not be underestimated
- bleeding from ears, nose, mouth > basal fractures
- may have normal x-rays yet with severe head injury

Factors influencing the degree and extent of head injuries :

1. Nature of the wounding weapon- degree of violence applied depends on the thickness of the
scalp and the weight of the weapon.

64
Specialized Crime Investigation with Legal Medicine

a. Intensity if the force - intensity and heavy agent


c. Point of impact -extensive in fractures of vaults at side or back
d. Mobility of the skull at the application of force

if head is mobile, free- effect on the brain is due to the shearing imparted to the brain.
> may produce contusion, laceration without fx.

If head is fixed and unsupported- jarring movement of the brain is absent but the fracture is
extensive.

Head injuries are classified as to the site of the application of force:

1. Direct or Coup injuries


2. Indirect injuries
 contr-coup injuries
 remote injuries – fall hitting buttocks> basal fx
 locus minoris resistencia - injury in areas with less resistance
3. Coup-contre-coup injuries ( direct and indirect injuries)
Wounds in the Scalp:
 it is difficult to prevent the spread of infection
 there is proximity of the scalp to the brain
 there are free vascular connection between the structures inside and outside the brain
 it is frequently difficult to determine the extent of damage of the skull.
Fractures of the Skull Types:
1. Fissure fractures-involves the inner and outer table.
2. Localized Depressed Fracture- sometimes called “Fracture a La Signature”. It shows
nature of instrument that causes the fracture.
3. Penetrating injuries of the Skull- Clean cut fracture of the skull. Produces by sharp edged
instrument.
4. Comminuted Fractures- result of fissure or a depressed fracture.
5. Pond or Indented Fracture- result of a simple compression of the skull, as in Ping-Pong
ball.
6. Gutter Fractures- a tangential or glancing approach of a bullet may cause the production
of a furrow in the cranium.
7. Bursting Fractures- Extensive fracture running parallel to the two points of contact.

CHAPTER VIIII: MEDICO LEGAL ASPECTS OF SEXUAL CRIMES

65
Specialized Crime Investigation with Legal Medicine

Virginity- is a condition of a female who has not experienced sexual intercourse and whose
genital organs have not been altered by carnal connection.

Kinds of Virginity:

1. Moral Virginity- the state of not knowing the nature of sexual life and not having
experienced sexual relation.

2. Physical Virginity- a condition whereby a woman is conscious of the nature of the sexual life
but has not experienced sexual intercourse.

3. Demi virginity- this term refers to 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- this refers to truly virgin woman that there are no structural changes in her
organ to infer previous sexual intercourse, and that she is a virtuous woman.

Parts of the female body to be considered in the determination of the condition of virginity:

1. Breasts- are functionally related to the reproductive system since they secrete milk for
nourishment of the young child. At their inner structure are 15 to 20 lobes of glandular tissues
supported by connective tissue framework with variable amount of adipose tissue.

Classification of breast according to shape:

A. Hemispherical breasts- is like hemisphere. The contour lines are not straight but form part of
a circle or half of a sphere.

B. Conical breasts- has the shape similar to a cone. The outline consists of two converging lines
which meet at the region of the nipple.

C. Infantile of Flat breasts- is only slightly elevated from the chest without distinct boundary
and showing no definite shape.

D. Pendulous breast- the skin of the breast is loose making it capable of swinging in any
direction. This is commonly observed among parturient breast-feeding mothers. This may be:

 Hemispherical pendulous breast- it has the shape of a hemisphere but with loose
skin.
 Conical pendulous breast- it has the shape of a cone and is capable of swinging
sidewise.

2. Vaginal Canal- as a general rule the vaginal canal of a virgin is tight and the rugosities are
sharp and prominent. Insertion of a finger or instrument may show certain degree or resistance.

66
Specialized Crime Investigation with Legal Medicine

3. Labia Majora and Labia Minora- the labia majora is firm, elastic and plump and its medial
borders are usually in close contact with each other so as to cover the labia minora and the
clitoris. The labia minora is soft, pinkish in close contact with one another, and its vestibule is
narrow.

4. Fourchette- a V-shape appearance as the two labia minora unite posteriorly. After severe
distention, the sharpness of the acute angle may become rounded with retraction of the edges.

5. Hymen- physicians give much attention in the examination of the hymen in the determination
of virginity.

Classifications of Hymen:

As to the shape:

1. Annular or circular- the opening is oval or circular located at the center of the hymen.
2. Infantile- the opening is small, usually linear, fleshy and resistant.
3. Semilunar or crescentric- the concavity may be facing either side or upwards or downwards.
The tapering ends of the crescent may be the frequent sites of laceration.
4. Linear- the opening is slit-like and usually running vertically.
5. Cribiform- the hymen presents several openings instead of a single one. In several instances
the openings are quite small and will require the use of a hand lens to make them visible.
6. Stellate- hymenal opening is like a star.
7. Septate- there are two openings which may be of equal or different sizes separated by a bridge
of hymenal tissue. After a sexual act there may be complete rupture of the bridging tissue or
marked distention of one to make the other opening almost visible.
8. Fimbriated- the border of the opening shows small irregular protusion towards the opening.
In some instances the fimbriation may be big enough that the examiner may mistake it to be a
superficial laceration.
9. Imperforate- there is no opening on the hymen. When a woman starts to menstruate, surgery
may be necessary to open the hymen to allow free passage of menstrual blood.

As to Structure and Consistency:

1. Firm with strong connective tissue and plenty of blood vessels- this type has more tendency to
lacerate during the first sexual act and the laceration may produce relatively more hemorrhage.
2. Thick yielding hymen with scarce blood vessels- the hymen is distensible, easily penetrated
and when lacerated will cause bleeding.
3. Membranous hymen- hymen is parchment-like, may be transparent and may lacerate without
pain or appreciable bleeding.

As to number of openings:

1. Single orifice- having one opening


2. Septate- having two opening
3. Multiple- having several opening

67
Specialized Crime Investigation with Legal Medicine

4. Imperforate- without orifice

Defloration- is the laceration or rupture of the hymen as a result of sexual intercourse. All other
lacerations of the hymen which are not caused by sexual act are not considered as defloration.

Parts of the female genitalia that must be examined to determine defloration:

1. Conditions of the Vulva


Normally the labia majora and minora are in close contact with one another covering
almost completely the external genitalia. After defloration, the labia may gape exposing the
introitus vulvae.

2. Fourchette
The norval V-shape of the fourchette is lost on account of the previous stretching during
insertion of the male organ. Withdrawal of the stretching force will cause retraction of its walls
with rounding of the base.
Retraction of the fourchette is not good sign of defloration in as much as it can be due to
other causes.

3. Vaginal canal
After repeated sexual acts, there is diminution of the sharpness or obliteration of the
vaginal rugosities. There will be laxity of its wall so that insertion of a medium size tube during
the medical examination can be done with slight resistance.

4. Hymen
The hymen is lacerated during the initial sexual act. However, it is not always the case.
Some hymen are thick, elastic and fleshy such that they can resist certain degree of distention
without causing laceration.

Noted: The fact that the hymen is intact does not prove absence of previous sexual intercourse
and the presence of laceration does not prove defloration.

Other Causes of Hymenal Laceration

1. Passage of clotted blood during menstruation


2. Ulceration due to disease, like diphtheria
3. Jumping or running
4. Falling on hard and sharp object
5. Medical instrumentation
6. Local medication
7. Self-scratching due to irritation
8. Masturbation
9. Insertion of foreign body
10. Previous operation

Facts to be considered in the medical examination of the hymen

68
Specialized Crime Investigation with Legal Medicine

a. General condition of the hymen- this include the width, thickness, elasticity, vascularity,,
and laxity. It may include pathological condition like inflammatory changes, signs of previous
trauma, developmental abnormality and foreign elements.

b. Original shape of the orifice (opening)- in case laceration is present, try to reconstruct the
hymen by means of a probe and determine the original shape of the opening. It may be linear,
circular, stellate, cresentric, septate, cribiform, imperforate and firmbriated.

c. If lacerated, the following must be noted

1. Degree of laceration
c. Incomplete laceration- rupture or laceration of the hymen is considered
incomplete when it does not involve the whole width of height of the hymen.
Incomplete laceration may be:
i. Superficial- the laceration does not go beyond one-half of the whole
width of the hymen
ii. Deep- the laceration involves more than one-half of the width of the
hymen but not reaching the base.
d. Complete laceration- the hymenal laceration involves the whole width but not
beyond the base of the hymen.
e. Compound laceration or complicated laceration- the laceration involves the
hymen and also the surrounding tissues.

2. Location of laceration
For the purpose of locating the site of the laceration, the hymenal orifice is related
to the face of a watch while the subject is in lithotomy position. With the examiner facing
the female genitalia, the location of the laceration will be described corresponding to the
time in the face of a watch.

3. Duration of the laceration


The determination as to how long changes observed in the lacerated tissue:
a. Fresh bleeding laceration- the laceration is of recent origin
b. Fresh healing with fibrin formation and with edema of the surrounding tissue- usually
after 24 hours
c. Healed laceration with congested edges and with sharp coaptible borders- the
laceration could have occurred 4 to 10 days.
d. healed laceration with sharp coaptible borders without congestion- approximately more
than 2 to 3 weeks.
e. healed laceration with rounded non-coaptible borders and retraction of the edges-
probably more than a month time.

4. Complication of laceration
A vast majority of laceration of the hymen healed un-eventually, although in rare
instances complications set in. the following are the possible complications:
a. Secondary infection

69
Specialized Crime Investigation with Legal Medicine

b. Hemorrhage
c. Fistulate formation
d. Stricture
e. Sterility

Death Related to Sexual Act


Death of the Male Partner:
a. Death from natural cause
During sexual intercourse, the male as an active subject develops increase blood pressure,
tachycardia and hyper ventilation due to emotional response and muscular exertion. If he
is suffering from cardio-vascular disease or insufficiency of cardiac reserve, the increase
demand on the cardio vascular system may not be met and he may die.
b. Death may be due to the defensive act of the woman victim
In cases of rape, the victim may be able to take hold of a sharp instrument an inflict
injuries to the offender which may cause death.
Death of the Female Partner:
The death of female partner is usually accidental and not on account of a natural disease:
a. The sexual intercourse might be done in a relatively confined space like the back seat of a
car. Accidental strangulation or suffocation of the female partner may be due to undue
pressure applied on the chest, neck or face area. The struggle of the female partner may
remain unnoticed on account of the height of sexual excitement, and this may cause her
death.
b. In case of oral sex (fallatio)- wherein the male penis is placed in the mouth of the female
partner, the size and length of the penis may cause partial or total or total block of the air
passage, causing asphyxia. Ejaculation of seminal fluid may occlude the lumen of the
respiratory tract as in drowning.
c. In case of cunnilingus (a perverted sexual act wherein the male licks the female genital
organ), the male partner may blow air in the vulva and may cause air embolism especially
when the woman is pregnant. The air may enter the blood circulation and causes
immediate death.
d. Saddists who may not be sexually satisfied by sexual intercourse but by inflicting
physical injuries to the partner may cause death of the female partner.
e. Death of the female partner may be deliberately done by the male to conceal the crime of
rape he has committed. The male partner may inflict physical injuries, or may cause
asphyxiation by strangulation or by other means.
f. The female partner may die of shock as a result of extreme physical and mental trauma in
case of rape.
g. Infection.

Death of Both Partners


a. Almost simultaneously death of both partners during sexual intercourse may be due to the
performance of the sexual act in an enclosed place with carbon monoxide or other
asphyxiant gas. Examination of their respective blood will reveal the presence of the gas
incompatible with life.
b. Homicide-suicide fact.
CHAPTER X: MEDICO LEGAL ASPECT OF POISONING

70
Specialized Crime Investigation with Legal Medicine

Poison- is anything other than physical agencies which is capable of destroying life, either by
chemical action on the tissues of the living body, or by physiological action by absorption into
the living system.

Legal Definition:
A poison is a substance which, if applied or administered internally, has been applied or
administered with the intention to kill or to do harm.

Recommended Organs to be saved for Suspicious Poisoning

Poison to be Tested Organs to be submitted

Arsenic (Acute poisoning) Liver, kidney, stomach contents


Arsenic (Chronic poisoning) Liver, urine, hair
Alcohol Blood, liver, kidney, urine, brain
Cyanide Stomach and liver
Carbon monoxide Blood placed in a sealed container
Alkali Stomach and contents, esophagus
Morphine/ other alkaloids Stomach contents, liver, urine
Barbiturates Brain, liver, kidney, urine
Phosphorous Stomach, liver, bone
Lead Kidney, liver, bone
Phenol Liver, kidney, stomach
Pesticide (insecticide) Stomach contents, liver, blood
Antibiotic Liver, blood
Kerosene, gasoline Brain, liver, lungs, blood

Circumstances Affecting Action of Poison:

1. Method of Administration
 Orally
 Hypodermically
 Intramuscularly
 Endodermically
 By rectum, vagina or bladder
 By the lungs
2. Idiosyncrasy
3. Age
4. Habit
5. Dose

Fatal Dose- is the smallest dose known to cause death

6. State of the stomach and kidneys

71
Specialized Crime Investigation with Legal Medicine

Differential Diagnosis of Poisoning

Signs Poison Disease

Coma Opium, chloral, alcohol Apoplexy, brain injury, uremia,


diabetes,
Fever, epilepsy
Collapse Corrosives, arsenic, antimony Diphtheria, cholera, fever
Aconite, tobacco, antipyrine

Delirium Belladona, hyoscyamus, cannabis Pneumonia, fever, acute mania,


meningitis
Alcohol, camphor

Paralysis Conium, aconite, gelsemium Injury of cord or brain, apoplexy,


hysteria
Serine, arsenic, lead

Convulsion Nux vomica, arsenic, antimony Tetany, hysteria, epilepsy

Cyanosis Analine, Antifibrin Vulvar heart disease

Enlarged pupil Atropine, hyoscyamus, aconite Paralysis of the 3rd nerves


Alcohol, conium, chloroform Paralysis of sympathetic

Dry skin Belladona, hyoscyamus Fever, pneumonia

Moist skin Opium. Aconite, antimony Acute rheumatism


Tobacco, alcohol

Vomiting Corrosives and irritants Gastric ulcer, acute gastritis

Purgation Irritants, digitalis, colchicum Dysentery, Cholera, typhoid fever


Tuberculosis
Colic Lead, copper, arsenic Volvulus, obstruction

Cramp Lead, arsenic, antimony Cholera, diarrhea

Medical Evidences in Case of Poisoning

72
Specialized Crime Investigation with Legal Medicine

In the trial of a case of poisoning, the defense counsel will prove:

1. That the death of the victim was not due to poisoning but for some natural cause.
2. That the victim did not suffer from poisoning of the particular poisoning mentioned in the
complaint or information.
3. That there was no intent on the part of the defendant to poison the victim.

For the purpose of clarification and in the best interest of justice, the medical witness
must answer the following questions:

1. What is the actual cause of death?


2. Why is death attributable to poisoning rather than to disease?
3. What is the maximum fatal dose of the poison alleged to have caused the death?
4. If the symptoms which appeared do not resemble the typical symptoms which appeared do not
resemble the typical symptoms of poisoning by the alleged poison, what explanation can he
give?
5. Was the dose taken by the victim necessarily fatal?
In order that the physician may be able to answer the above questions, he must know and
report on the following points:

1. History and symptoms during life


2. Post mortem examination
 External post-mortem examination
 Internal post-mortem examination
3. Chemical analysis

73

You might also like