Special Crime Investigation With Legal Med
Special Crime Investigation With Legal Med
Special Crime Investigation With Legal Med
CHAPTER I: INTRODUCTION
SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE
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.
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.
A secondary crime scene is in some way related to the crime but is not where the actual crime
took place.
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.
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.
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
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.
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.
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.
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.
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.
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
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
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.
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.\
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
Imhotep ( 2980 BC)- the earliest recorded medico legal expert. He made the first recorded report of a
murder trial written in a clay tablet.
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.
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.
December 10, 1937 – Commonwealth Act No. 181 created the Division of Investigation under the
department of Justice.
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. 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.
The ability to acquire facts, arrange them and draw a conclusion from facts in the
administration of justice.
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.
a. Ordinary witness
b. Expert witness
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
IDENTIFICATION
Determination of the individuality of a 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. 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.
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.
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
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:
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
Foreign bodies
Identification by close friends, police records, photographs
Humphrey’s table
Table of different height of bones for different ages and their corresponding statures.
1. IDENTIFICATION OF SEX
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
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.
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:
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
this is evidenced by the presence of excitability of muscles and biliary movements and other functions
of individual cells
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
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
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.
a) Coagulation of blood
Blood may remain fluid inside the blood vessels 6-8H after death.
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
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.
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
Blood vessel
difference
6. Color variegated Uniform color
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.
Hemolysis of blood within blood vessels > Hemoglobin diffuses through the walls
Reddish-brown in color
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.
3. Liquefaction of the soft tissues- as decomposition progresses, the soft tissues of the body undergo
softening and liquefaction.
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
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
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
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
2. Presence of Post-mortem lividity 3-6 H after death appears as small petechia-like red
spots
PRESUMPTION OF DEATH
Specialized Crime Investigation with Legal Medicine
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
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
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
Dead body belongs to the state for cases that requires medico-legal autopsy.
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
Cause of death: is the injury or disease or both which initiates the physiological disturbance resulting
to a fatal termination.
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.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.
b. Violent death
Accidental death
Negligent death
Infanticidal death
Parricidal death
Murder
Homicidal death
Specialized Crime Investigation with Legal Medicine
* 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.
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.
Pulmonary embolism
Lobar pneumonia
Pulmonary hemorrhage
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.
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
Sec.1103 Revised Administrative Code: Persons charged with the duty of burial.
If unmarried: the nearest of kin of the deceased; adults, within the Phil. And in possession of
sufficient means to defray the necessary expenses.
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.
1. Anoxic death
Specialized Crime Investigation with Legal Medicine
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.
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.
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.
B. ASPHYXIA BY STRANGULATION
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.
Choking
Form of suffocation by the impaction of F.B. in the respiratory passage.
Post-mortem findings:
1. External findings
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
Parts of body that are mortal – heart, vessels, CNS, lungs, other organs.
b. Sharp instrument
Sharp-edge instrument > incised wound
Sharp pointed > punctured wound
Sharp edge and sharp-pointed > stab
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.
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
e. Extensive injury
Physical injury involving a greater area of the body beyond the site of the application of force.
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
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.
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
A contusion as indicated by its external pattern may correspond to the shape of the object or weapon
used.
Distribution - indicates the character and manner of injury as in manual strangulation around the neck.
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.
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.
The distinction between ante-mortem and post-mortem contusions in an un-decomposed body is that
in;
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
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 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
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.
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.
56
Specialized Crime Investigation with Legal Medicine
2. OPEN WOUNDS
Characteristics of abrasion:
Forms of abrasion
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.
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.
VITAL with intra vital reaction shows not vital reaction and
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
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.
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.
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.
Hemorrhage is always the most serious consequence of stab wound due to the severance of
blood vessels or involvement of bloody organs.
A. Length of the skin defect – edges must be capitated before the length is measured.
E. Location of the stab wound – to include exact measurement from anatomical landmarks.
60
Specialized Crime Investigation with Legal Medicine
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.
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:
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
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.
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.
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.
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:
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
Causes of hemorrhage:
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
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.
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.
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.
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:
67
Specialized Crime Investigation with Legal Medicine
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.
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.
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.
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.
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
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.
1. Method of Administration
Orally
Hypodermically
Intramuscularly
Endodermically
By rectum, vagina or bladder
By the lungs
2. Idiosyncrasy
3. Age
4. Habit
5. Dose
71
Specialized Crime Investigation with Legal Medicine
72
Specialized Crime Investigation with Legal Medicine
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:
73