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Cdi2 Module M5-M7

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0% found this document useful (0 votes)
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Cdi2 Module M5-M7

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Republic of the Philippines

Province of Cotabato
Municipality of Makilala
MAKILALA INSTITUTE OF SCIENCE AND TECHNOLOGY
Makilala, Cotabato
CRIMINOLOGY DEPARTMENT
_________________________________________________________________________________________
SPECIALIZED CRIME INVESTIGATION WITH LEGAL MEDICINE

MEDICINE MEDICAL EVIDENCE


Legal medicine - is a branch of medicine that deals with the application of
medical knowledge for law and administration of justice. It is also a part of
medical science that is employed by the legal authorities for the solution of
legal problems. Therefore, any physician who testifies in court in his
professional capacity can be considered a practitioner of legal medicine.
Medical Jurisprudence - is that part of the law that is concerned with
regulations governing the professional practice of the Doctor of Medicine.
The sights, duties, and obligations of the medical practitioner to his patient.
Technical Definitions
1. Law - is a Rule of Conduct, just and obligatory laid by legitimate powers for Common observance and
benefit.
2. Forensic - It devotes anything belonging to the court of law or used in a court of legal proceedings or
something fitted for legal or public argumentation.
3. Jurisprudence - is a practical science that investigates the nature, origin, development, and functions of
law.
4. Principle of Stare Decisis: When the court has once laid down a principle of law as applied to a certain
state of facts, it will adhere to and apply to all future cases where the facts are substantially the same.
5. Criminalistics - It is the application of medical and other basic sciences in crime detection and
investigation. It includes collection, identification, and preservation of evidence.

History of Legal Medicine


1858 The first medical textbook printed including pertinent instruction
related to medico-legal practice and included in pre curriculum of College of
the Medicine University of Santo Tomas.
1895 Medico-legal laboratory was established in the city of Manila.
1908 Legal Medicine was thought of in all medical schools in the
Philippines.
1919 - The Department of Legal Medicine and ethics of the University of the Philippines was created under
Dr. Sixto Delos Angeles as the chief.
1945 After the liberation of Manila, the Criminal Investigation Laboratory Division was created with Dr.
Mariano Lara, a chief Medico-legal officer.
The medico-legal system is used in the Philippines at present, which is handled by a medico-legal officer who
is a registered physician duly qualified to practice medicine in the Philippines. In addition, the National
Bureau of Investigation and Philippines National Police have their medico-legal officers with their respective
medico-legal officers. The medico-legal officer is the one who investigates medico-legal cases of death, physical
injuries, rape, and other sexual crimes.
Persons Authorized 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.
Evidence is a means, sanctioned by rules of court, of ascertaining in the Judicial proceedings the truth
respecting the matter of fact. (Rules of court, Rule 128 section 1) medical evidence if the means employed to
prove a fact is medical.
Type of Medical Evidence
1. Real, autoptic, or object evidence - It is evidence that made known or addressed to the senses of the
court. The probative value of real evidence is the best and highest form of proof. Example: Human Skeletal
remains may be allowed inside the courtroom to show the presence of Ante Mortem fractures.
2. Testimonial Evidence - a form of evidence taken orally or in writing the answers to questions propounded
by the counsel and presiding officer of the court. A medical witness can only testify on matters derived from
his perception.
● Hearsay pieces of information are, as a rule, not admissible in court. This is because hearsay's shreds
of evidence are not knowledge of the witness but from the mere repetition of what he has heard. Thus,
a witness can testify only to those facts which he knows of his knowledge. An exception to the
non-admissibility of hearsay evidence is dying declaration. Physicians are frequent recipients of the
dying declarations in clinics and hospitals. To be admissible, the following factors should be
considered:
1. That the declarant was conscious about his impending death.
2. That the declarant was in full possession of his mental faculties.
3. That the declarant must be with be regards to his impending death.
A dying declaration cannot be used in a civil action and is not admissible if the patient recovers.
3. Experimental Evidence - a medical witness may be permitted to experiment on laboratory animals to
prove his allegations on a certain position he had previously stated in full view of the court.
4. Documentary Evidence - a piece of written evidence presented to the court by the expected witness about
the subject matter in dispute.
Medical Documentary Evidence may be in the form of:
A. Medical certification or report
1. Physical Exam report
2. Autopsy report
3. Exhumation report
4. Death certificate
5. Birth certificate
B. Medical Expert Opinion - a physician, based on his training and expertise, can give his own opinion on a
set of medical facts.
C. Deposition - is a written record of evidence given orally and transcribed in writing in the form of questions
by the interrogation and the answers of his deponent and signed by the latter.
5. Physical Evidence - These are articles and materials which are necessary for crime investigation and
detection, this will aid in establishing the identities of the criminal and the circumstances surrounding the
commission of the crime.
The following are types of physical evidence necessary for the conviction of the perpetrators.
A. Corpus Delicti Evidence It means the body of the crime or actual commission of the crime charged.
Examples. Body of the Victim of murder, blood-stained knife.
B. Associate Evidence-These are pieces of evidence that link the suspect to the commission of the crime.
Examples. Weapons used finger and footprints, wearing apparent.
C. Training Evidence - These are physical evidence that may help in locating the whereabouts of the
perpetrators of the crime Examples. Ship manifest, airlines manifest
Evidence Necessary for Conviction
1. Direct Evidence - Evidence that proves the fact in dispute without the aid of any inference or
presumption.
2. Circumstantial Evidence - It is proof of a fact or facts from which, taken either singly or collectively, may
be informed as necessary of probable consequence.
3. Prima Facie Evidence - It is that evidence that suffices for the proof of a particular fact until contradicted
by other shreds of evidence.
4. Corroborative pieces of evidence - It is additional evidence of a different kind and character, tending to
prove the same point.
5. Expert Evidence - It is a testimony of the possessing of a particular subject on Department of Human
Activity, knowledge not usually acquired by other personas.
6. Relevant evidence - It is a piece of evidence having any value reason as tending to prove any matter
probable in an action.
7. Material Evidence - An evidence that refers to the direction to prove a fact in an issue as determined by
the rules of substantive law.
8. Competent Evidence - It is evidence that is not included by law in a particular case.
9. Corpus Delicti - It means the body of the crime or actual commission of the crime charged.

Examination of the Skeleton


Bones of the skeleton are remnants of the dead body and are very important in elucidating legal
problems. However, after the soft tissues disappeared and only the skeletal system remains, the study of the
bones is rather a difficult procedure, especially when the bones were incomplete and only fragments recover.
The identification of the bones by the naked eye depends on the parts recovered. The skull is easily
distinguished as belonging to a human being. The structures of the bones in all mammals are similar. The
oval or the round shape of the skull and less prominence of the lower jaw nasal bone suggests that it is from
human remains.
The pelvis gives the best indication of sex, particularly the ischium -pubic index. The bones that may
be examined to determine the sex. These are the pelvis skull, sternum, humerus, and femur

Differences Between Male and Female Pelvis:


Male Pelvis:
1. Heavier in construction
2. Pubic Arch - narrow and less round
3. Diameter of the true pelvis is less
4. Greater sciatic notch is narrow
5. Body of the pubis is narrow
6. Obturator Foramen is egg shape
7. Sacrum is short and wide

Female Pelvis:

1. Lighter in construction
2. Pubic Arch - wider and round
3. Diameter of the true pelvis is greater
4. Greater sciatic notch is wider
5. Body of the pubis is wider
6. Obturator Foramen - triangular in shape
7. Sacrum is short and wide

Tests for the Blood:


Biologic Examination:
1. Precipitin test: This test is of value in the determination of whether the blood is of human origin or not,
although the anthropoid ape and related animal may give the same result. It also determines whether
muscles, secretions, bones, seminal fluid, and other body fluids are of human origin or not. However, other
chemical substances like alcohol, formaldehyde, corrosive sublimate, Lysol, caroline, carbolic acids, and
alkalies, when mixed with blood, destroy the property of the blood to react with precipitin.
2. Blood Grouping: The blood comprises certain chemical substances called antigens located on the red blood
cell surface. These blood substances are detected by their reaction with the corresponding antibodies present
in the plasma of certain individuals who lack antigen. The observable characteristics of the anti-bodies are
their ability to clump or agglutinate red blood cells possessing the corresponding antigen. Antigen in the blood
such as agglutinogen has been identified as A, B, AB, O, which are found in the same or same or different
blood of individuals.
The inter-relation existing between the four primary major blood groups is clearly shown in the following
table:
Interpretation of results:
No aggregation with either groups A and B sera= Group O;
Agglutination with both group A and B sera = Group AB;
Agglutination with A but none with B sera- Group B;
Agglutination with B but none with A sera Group A

Derivation of Offspring (Landsteiner)


Group Parents Group of Children
OxO O
OxA O, A
OxB O, B
AxA O, A
AxB O, A, B, AB
BxB O, B
O x AB A, B
A x AB A, B, AB
B x AB A, B, AB
AB x AB A, B, AB

MEDICO-LEGAL ASPECT OF DEATH


Death- is defined as the absence of life in a living matter. It is the termination of life and complete loss of vital
functions of the body. Thus, upon death, the organism returns to a stable equilibrium both physically and
chemically.
In human beings, the signs of life include locomotion, respiration, circulation, brain activity, and the
presence of faculty of senses. Therefore, the ascertainment of death is a clinical and not a legal problem.
In medico-legal death, death involves a crime or medico-legal cases to prove or disprove that a foul
play had been done.
Importance of Death Determination
1. Personality of a person is extinguished by death.
2. Criminal liability is extinguished by death.
3. Property of a person is transmitted to heirs or nearest of kin.
4. Basis of immediate removal of organs for transplantation.
5. Civil case for a claim is dismissed.
Kinds of Death
1. Somatic or Clinical death
It is a complete, continuous, and persistent cessation of
respiration, circulation, and almost all brain functions of an
organism. Ordinarily, the physician will discharge his duty if he listens with a stethoscope for signs of
breathing or beating of the heart intermittently for half a minute interval throughout 10-15 minutes as well as
examining the eyes with a flashlight will show the pupil assumes a mid-position and dilates and the
disappearance of the corneal and light reflexes.

Clinical Types of Death


A. Sociological Death type of death wherein the patient's withdrawal and separation by others produce a
sense of isolation and abandonment. Sociologic death can last for years if a patient is abandoned by the
family, unvisited, and let alone to die.
B. Psychic Death - the condition of death wherein the patient regresses, gives up, or surrenders, accepting
death prematurely, and refuses to continue living.
C. Biologic Death -the type of death characterizèd.by by the absence of cognitive function or awareness,
although an artificial support system may maintain organs functioning.
D. Physiologic Death type of death when all vital organs cease to function.
2. Molecular Death or Cellular Death
It is the cessation of the life of the individual cells in the body, which occurs one at a time after somatic death.
For example, nerve and brain cells die earlier, about 5 minutes after somatic death, while muscle cells live
longer until the onset of rigor mortis, which is about 2-6 hours.
3. Apparent Death or State of Suspended Animation
It is a state of temporary cessation of vital activities of the body. Although classified under the kinds of death
because the person is still alive, this condition is not death, although it seems that there are no signs of life.
Apparent death may be seen in diseases or conditions like uremia, hysteria, drowning, and electrocution and
sometimes in newborn infants.
Signs of Death
Answers to the following questions must be obtained in any case of death that is the subject of an official
investigation.
These questions are:
1. Is the body dead?
2. How long has the body been dead?
3. What is the cause of death?

External Signs of Death


The most useful signs of death are those which the external examination of the body can detect.
1. Loss of power to move and insensibility of the body as determined by visual inspection the central nervous
system consisting of the brain and spinal cord is the seat of all the faculties of senses and the power of
locomotion.
2. Stoppage of Respiration.
A person can hold his breath no longer than 3 % minutes.
A. Upward and downward movements of the chest and abdomen must be observed. No movement upon
death.
B. Palpation of the respiratory movement.
C. Examination with the aid of a stethoscope. The flow of air can be heard if there is respiration.
D. Mirror Test. Dimming of the mirror due to condensation if respiration is present.
E. Placing of a feather of cotton fîber in the nostrils and mouth. If there is movement, then respiration is
present.
F. Place a glass of water in the chest region. If there is the movement of water, then respiration is present.
G. Winslow Test - There is a stoppage of respiration if there is no movement of the reflected image on the
water on the chest of a person lying on his back.
3. Stoppage of Heart Action and Circulation.
If there is no heart action for 5-10 minutes, death is considered certain. Upon death, the heart stops beating
in a persistent and continuous which cannot be revived by cardiac massage and other resuscitative measures
for five minutes. In case of decapitation and judicial hanging, the heartbeat persists for 15 minutes-1 hour.
4. Loss of Body Heat Resulting to Cooling of the Body (ALGOR MORTIS)
When life is extinct and heat production in the body stops, and its temperature is lowered gradually to that of
the surroundings. The lowering of body temperature is one of the earliest signs of death. The rate of fall of the
body temperature is most rapid in the first four hours after death until it reaches the temperature of the
surroundings beyond 12 hours. The normal body temperature in a living person is 37°C or 98.3°F, but the
temperature gradually decreases upon death. The fall of 15°F to 20°F is considered the death of the body.

5. Change in the eyes


Upon death, when the eyes are open, the person stares without movement of the eyes in any direction.
Further examination will reveal the following changes in the eyes.
A. Loss of corneal and Light Reflexes
The cornea will not react winking the eyes of contraction of the pupil when touched or stimulating light.
B. Haziness or Clouding of the Cornea – A white patch may be seen at the cornea when the eyes are exposed
to a dry atmosphere after death.
C. Fixation of the Pupil - The pupil will be fixed and dilated.
D. Flaccidity of the Eyeball - Inter ocular tension falls to zero because of less muscle tone.
6. Changes in the Skin
A. Change of Color - Upon death, the skin of the face, lips, and body become pale and waxy.
B. Loss of the elasticity of the skin.
C. Absence of Reaction to Injury Application of heat will not produce blisters.
Presumption of Death
Disputable Presumption - Rules of court Sec. 96 Rule 123, that a person not heard, seen, or absent for
seven years is dead.
A person on board a vessel who was lost during a sea voyage or an airplane that is missing who had not been
heard for 4 years.
A person in the military or armed forces who has taken part in the war and has been missing for 4 years.
A person who has been in danger of death under other circumstances and his existence has not been known
for 4 years.
Presumption of Survivorship
The presumption of survivorship of persons as to who died first can be inferred from the strength, age, sex of
the person concerned.
⮚ If both were under the age of 15 years, the elder is presumed to have survived.
⮚ If both were above the age of 60, the younger is presumed to have survived.
⮚ If one is under 15 and the other above 60 years old, the former is presumed to have survived.
⮚ If both be over 15 and under 16 years old and the sexes are different, the male is presumed to have
survived, if the sexes are the same, then the older is presumed to have survived.
⮚ If one be under 15 or over 60 years old and the other between those ages, the latter is presumed to
have survived.
CAUSES OF DEATH
Classification as to the Cause of Death
It may be:
A. Natural Death - It is death that occurs due to a disease or ailment in the body. The disease may occur
spontaneously, or it might have been a consequence of the physical injury inflicted before its development.
The termination of life comes quickly and unexpectedly or delayed due to lingering illness. Sudden death is
the termination of life whose arrival is not expected. A good example of this and is frequently observed among
males, from 18 years old up to 35 years old and very common among a low-income group called Sudden
Unexpected Nocturnal Death (SUND), commonly called "Bangungot".
B. Violent Death - It is death due to injuries by some forms of outside force wherein the physical injuries
inflicted are the proximate cause of death.
Classification of Physical Injuries
1. Physical Injury - use of physical force
2. Thermal Injury - caused by heat or cold
3. Electrical Injury death caused by electrical energy
4. Atmospheric Injury death or injury caused by a change in atmospheric pressure
5. Chemical Injury - death or injury caused by chemicals
6. Radiation - death or injury caused by radioactive substances.

Under violent death we have the following:


1. Accidental Death - due to misadventure and outside our will.
2. Negligent Death - death due to reckless imprudence, negligence, lack of skill, or lack of foresight.
3. Infanticidal Death death due to the killing of an infant less than 3 days old.
4. Parricidal Death - It is death due to the killing of one's relative. Any person who shall kill his father,
mother, or child whether legitimate or illegitimate or any of his ascendants or descendants or hiss spouse
shall be guilty of parricide and shall be punished by a penalty ranging from reclusion Perpetua to death.
5. Homicidal Death - Homicide is the killing of another person with intent but without justification.
6. Murder It is the unlawful killing of another person committed with any of the following attendant
circumstances.
A. With treachery taking advantage of superior strength, with the aid of armed men or employing means to
weaken the defense or of means of person to insure or afford impunity.
B. In consideration of a price, money, reward, or promise.
C. With evident premeditation.
D. With extreme cruelty by deliberately augmenting the suffering of the victim.
7. Euthanasia or Mercy Killing - It is a willful acceleration of death of a person to lessen his sufferings.
There are instances wherein a person suffering from a hopeless incurable disease, ailment, or condition will
be placed to death to lessen his sufferings and for a financial reason as agreed by the physician and relatives
concerned. In some countries, mercy killing is against the law for the reason that everyone has the right to
live.
8. Suicidal Death - It is death due to killing or destruction of one's self. A person who commits suicide but
was not consummated is not penalized by law but a person who assists another person to commit suicide is
punishable by law.

SPECIAL DEATHS

Deaths under Special Circumstances


A. Death caused tumultuous affray as in riot. The identity of the killer is not known.
B. Death under exceptional circumstances. Any legally married person who, having surprised his spouse in
the act of committing sexual intercourse with another person, shall kill any of them or both shall suffer the
penalty of "distierro."
Methods of Judicial Death
A. Death by Electrocution - using 1,500 volts
B. Death by Lethal Injection - the lethal drug is injected intravenously
C. Death Musketry or Firing Squad
D. Death by Gas Chamber
E. Death by Hanging
F. Death by Decapitation
Death from Starvation
Starvation is the deprivation of a regular and constant supply of food and water
Causes of Starvation
1. Accidental- Marooned on an island, where there is a scarcity or no supply of food and water, as in airplane
accident or trapped in a miner's camp.
2. Homicidal- Intentional and deliberate deprivation of food and water.
3. Suicidal - as in the case of hunger strike.
A person cannot survive for more than 10 days without food and water, but with water alone, a person can
survive for 50 days.
METHODS OF DISPOSAL OF DEAD BODIES
1. Embalming - It is the method of preserving the dead body for the
removal of the body fluid and replacement of the same by chemicals
sucks as formalin, alcohol, and phenol
2. Burial, Interment, or Inhumation - It is the method of placing the
dead body into the grave. According to sec. 1100 of the Revised
Administrative Code, a grave shall be dug one and a half meters deep
or 6 feet.
3. Cremation - Pulverization of the body by using intense heat.
4. Disposal of the Dead Body to the Sea-Dead person who had died
aboard a sea vessel may be thrown overboard usually after a brief ceremony, however, those who died on land
may also be permitted to be buried to the sea depending upon the will of the diseased and religion practiced.
5. Use of his Dead Body for Scientific
Purposes - The body of any deceased person which is to be buried at public expense and which is unclaimed
by the relatives or friends for 24 hours after death shall be subjected to the disposition of the Director of
Health. May be devoted to the purpose of medical science and the advancement and promotion of medical
knowledge.
Exhumation - It is the raising or disinterring of the dead body or remains from the grave. Exhumation may
be made to allow a post mortem examination to establish the circumstances of death.

2. PHYSICAL INJURY
An injury is the impairment of the body structure or function
caused by the outside force. It is the effect of some form of stimulus
on the body. The effect of the application of force is the production
of the wound.
Wound- is a break or solution in the continuity of the skin or
tissues of the living body.
Vital Reaction - is the total of all reactions of tissues or organs to
physical injury or trauma.

Classification of Wounds
A. As to the severity
1. Mortal Wounds or Fatal Wounds which when inflicted capable of
causing death. (e.g Injuries to the brain, spinal cord heat, and big
blood vessels, internal abdominal organs)
2. Non-Mortal Wounds - wound when inflicted will not endangers
one's life.
B. As to the manner of infliction
1. Hit - by the stroke of a bolo, ax, and other blunt instruments
2. Thrust or Stab - by the stroke of a knife, dagger, ice pick, bayonet, and spears.
3. Sliding or Rubbing
4. Gunpowder explosion by Projectile or Shrapnel
5. Tearing or Stretching
C. As to the kind of instrument used
1. Lacerated Wound - produced by blunt instruments. e.g. lead pipe,
piece of wood, stones.
2. Incised Wound - wound produced by the sharp-edged instrument.
3. Stabbed Wound - wound produced by sharp-edged and
sharp-pointed instruments. e.g. kitchen knife, balisong, dagger.
4. Punctured Wound - Wound produced by Sharp pointed instrument
e.g. ice pick, screwdriver, barbecue stick.
5. Wound produced by tearing force
D. As to the depth of the wound
1. Superficial Wound - a wound that involves the outer layer of the skin. e.g. scratch or abrasion
2. Deep Wound - a wound that involves the outer as well as the inner structure of the body.
A. Penetrating Wound - wound wherein the instrument pierces a solid organ or tissues. e.g. stab wound
piercing the liver, spleen, kidneys.
B. Perforating Wound - wound where there is Communication between the outer and inner portions of the
hollow organs.
E. As to the relation of the site of application of force and the location of the injury
Coup Injury - an injury that is found at the site of application of force.
Contre Coup Injury - an injury that is found not at the site but opposite the site of the application of the
force.
Coup Contre Coup Injury - an injury which is found at the site and also opposite the site of application of
force.
Locus Minor's Resistencia - It is the injury that is found not at the site or opposite the site of the application
of force but in some areas offering the least resistance to the force applied.
Extensive Injury - It is the physical injury involving greater areas beyond the site of application of force. e.g.
fall from height or a vehicular accident.
Special Types of Wounds
Patterned Wound - wound produced by t shape of the instrument or object reflected in the body. e.g. imprint
of the radiator on the chest, tire marks on the body.
Defense Wound produced by person's instinctive reaction for self-protection. e.g. contusion in the forearm
produced by parking the blow incised wound.
Legal Classification of Physical Injuries
1. Mutilation - The intuitional act of cutting or looping any part or parts of the living body.
2. Slight Physical Injury - It is the physical injury wherein the victim is incapacitated for work or requires
medical attendance for a period from one to nine days.
3. Less Serious Physical Injury - A physical injury wherein the offended party is incapacitated for work or
requires medical attendance for 10 days or more but not more than 30 days.
4. Serious Physical Injury - It is an injury wherein the victim becomes ill or incapacitated for the
performance of his usual work for more than 90 days, the injury caused deformity, loss of any member of his
body, and loss the use thereof.
Deformity - Permanent disfigurement of the body producing physical ugliness. e.g. loss of an ear, scars in the
face.
Incapacity - The inability of the injured person to perform his work where he is habitually engaged.
F. As to the types of wound
1. Closed Wound - When there is no break in the continuity of the skin or mucous membrane.
Petechiae minute pin-point circumscribed extravasations of blood underneath the skin or mucous
membrane, e.g. subpleural petechial hemorrhage, insect bite, Tardieu spots.
Contusion or Bruise - Wound in the skin and subcutaneous tissues characterized by swelling and
discoloration of tissues because of extravasation of blood.
Hematoma - Large extravasation in a newly formed cavity secondary to trauma characterized by
swelling discoloration of tissues and effusion of blood underneath the tissues.
Musculo Skeletal Injuries e.g sprain, dislocation, sprain, fracture.
Internal Hemorrhage
Cerebral Concussion
2. Open Wound -There is a breach of the continents of the skin,
e.g. abrasion, incised wound, stab wound, punctured wound,
lacerated wound, and shrapnel wounds.

Musculo-Skeletal Injuries
Sprain - partial or incomplete disruption in the continuity of
muscle or ligaments.
Dislocation - displacement of the articular surface of the
bones.
Fracture - it is a break or solution in the Continuity of the
bone tissues.
Internal Hemorrhage - Rupture of blood vessels causing
hemorrhage.
Cerebral Concussion - jarring or stunning of the brain
follows a blow in the head.
Open Wounds
1. Abrasion ("Gasgas", Scratch, Graze, Friction Mark) -
Characterized by removal of the superficial layer of the skin brought about by friction against a hard rough
object.
Forms of Abrasion
a. Linear Abrasion - There is a single line that may be curved or straight.
b. Multi-Linear Abrasion - several lines of injury which are parallel to one another.
c. Confluent Abrasion - the lines of injury are arranged in a haphazardly manner.
d. Multiple Abrasions - abrasion in the body surface located in different parts of the body.
Types of Abrasion
a. Scratches - abrasion brought about by the stroke of the sharp pointed instrument over the skin.
b. Grazes - due to forcible contact with a rough, hard object resulting in irregular removal of the skin
surface.
c. Impact or Imprint Abrasion – abrasion due to contact with a rough, hard object in which the structural
form of the object is reflected over the skin.
d. Pressure or Friction Abrasion - abrasion due to pressure applied and with accompanying movement over
the skin.
2. Incised wound (Cut, Slash, "Hiwa")- open wound produces by forcible contact with sharp-edged
instrument characterized by gaping of the wound with smooth edges and causing profuse bleeding, e.g. knife,
razor, broken glasses, metal sheet. The incised wound may be suicidal, homicidal, accidental depending upon
the location, direction, and presence or absence of hesitation cuts.
3. Lacerated Wound (Tear, "Putok") – wound produced by blunt instrument characterized by ill-defined or
irregular edges, e.g. blow by a piece of wood, lead pipe, stone, the butt of a firearm, fist blow.
4. Punctured Wound an open wound produced by a round bodied and pointed instrument characterized by
small openings e.g. ice picks, nails, thorns, hooks, screwdrivers, and barbecue sticks. S, Screw
5. Stabbed Wound produced by a sharp-pointed and sharp-edged instrument. The edges of the wound are
clean-cut, smooth, and distinct.
● Penetrating Stab Wound – involves solid interval organs.
● Perforating Stab Wound – involves hallow interval organs.

1. GUNSHOT AND SHRAPNEL WOUNDS


Is an open wound brought about by the penetrating power of the projectile propelled by the expansive force of
the burning gunpowder in the cartridge shell, shrapnel wounds are open wounds produce by shrapnel and
fragments of high velocity after the detonation of high explosives like grenades and bombs.
A firearm -is an instrument used for the propulsion of a projectile by the expansive force of gases coming from
the burning gunpowder.
Gunshot wounds of entrance and exit are the subject of meticulous examination by the medical examiner.
Its characteristics and appearance are influenced by the following factors.
1. kind of weapon
2. caliber of weapon
3. shape and composition of the missile
4. range of fire
5. direction of fire
6. parts of the body involved

Characteristics of the wound of entrance


1. In general, the size of the wound of entrance is usually smaller than the missile owing to retraction of the
skin. The shape may be oval or circular. The edge of the wound is inverted with a contusion collar or abrasion
collar around the wound of the entrance.
2. In contact or closed range fire there is burning of the skin and singeing of hair due to flame and gunpowder
tattooing.
A. Contact Fire The wound of the entrance bursted due to the sudden release of the expanded gas.
There is burning of the tissues around the wound of the entrance because it is within the flame zone.
There is soot, smoke, and smudging. These are here by-product of the complete combustion of the
gunpowder deposited around the wound of entrance. The presence of smudging at the wound of the
entrance indicates a near shot. Unburned and partially burned gunpowder is responsible for tattooing,
stippling, or peppering around the wound of the entrance.
B. Near Contact Up to 6 Inches Distance - There is bursting of tissues, burning and blackening the skin as
in contact fire but the particles of the gunpowder are present not only the inside but as well as around the
wound of entrance. The shape of the wound may be lacerated, stellate, or slit-like and the size is larger than
the diameter of the missile.
C. Distance Above 6 Inches Up to 24 Inches and beyond - The size of the wound gradually approximates
the size of the missile. As the distance from the target becomes farther, the burning, blackening of tissues,
gunpowder tattooing stippling, and singeing of hair becomes or lesser and lesser until it disappears beyond
the 24 inches distance.

Characteristics between Gunshot Wound of Entrance and Exit


1. The size of the wound of the
entrance is smaller than the missile
while the exit wound is bigger than
the missile.
2. Edge of the Exit - The entrance
wound is inverted while the exit
wound is averted.
3. Shape of the Wound - The
entrance wound is round or oval
while the exit wound has no definite
shape.
4. Contussion Collar -present in
the entry wound while absent in exit wound.
5. Gunpowder Tattooing present in contact or near contact fire while absent in exit wound.
6. Paraffin Test - Positive in the wound of entrance in contact and near contact fire, negative in exit wounds.
A. Pieces of evidence to prove that the Gunshot wound is Suicidal.
1. Parts of the body involved are accessible to the hands of the victim.
2. There is usually one gunshot wound.
3. Presence of suicidal note,
4. Usually the distance is near or close range.
5. History of frustration.
6. Drug dependency.
B. Evidences that the Gunshot wound is Homicidal.
1. Wound is located in any part of the body.
2. The victim is usually at a certain distance from the assailant.
3. Signs of struggle or defense wound may be present on the part of the victim.
4. Wounding weapons are usually not found at the crime scene.
5. There may be a disturbance in the surrounding.
C. Evidences that Gunshot Wound is Accidental.
1. There is usually one gunshot wound.
2. Wound is located in any part of the body.
3. Testimony of the witness.
Wounds from Explosion of Explosive Materials like Dynamite and Bombs.
The explosive materials may be covered by soft materials such as pieces of paper, cartoon aluminum foils as
exemplified in dynamite and Dis firecrackers while other explosive materials are covered by metal as
exemplified by grenades, bombs, mines, anti-aircraft, and said missiles.
The following Injuries Occur from the explosion of Explosive Materials.
1. Blast Wave Injury - When the explosion occurs, it causes a sudden increase of atmospheric pressure
followed by a sudden decrease. This compression-decompression effect will be relayed in the atmosphere
producing destruction, distortion, and bursting of tissues especially the interval1 organs causing hemorrhage.
2. Burns from Flame and Heated Gases – The explosion of the powder will produce flame and heated
expanded gases.
3. Poison by Inhalation of Carbon Monoxide, Nitrous, and Nitric Gases, Hydrogen Sulfide and Sulfur Dioxide -
the explosion cause liberation of poisonous gases which when inhaled insufficient amount will produce gas
poisoning or asphyxia.
4. Direct Injury from the Flying Missile – The detonation of high explosives especially those with metal
covering will cause fragmentation of metal in the form of shrapnel.
The "odd and even rule" in gunshot wounds If the number of gunshot wounds of entrance and exit
found in the body of the victim is even, the presumption is that no bullet is lodged in the body but if
the number of gunshot wounds entrance and exit is odd, the presumption is that one or more bullets
might have lodged in the body.

DEATH FROM ASPHYXIA


ASPHYXIA
Asphyxia is a condition wherein there is interference in
the process of respiration resulting in impairment of
normal exchange of respiratory gases. Whereby the
supply of oxygen to the blood and tissues has been
reduced below the normal level.

Stages of Asphyxias Death.


1. Dyspneic Stage - Due to lack of oxygen and retention of carbon dioxide, breathing becomes rapid and
deep. Blood pressure is elevated and pulse rate increased. There is cyanosis in the lips, face, and fingernail
beds.
2. Convulsive Stage - Retention of carbon dioxide stimulates the central nervous system. Cyanosis becomes
more marked. Eyes become starring and pupils dilated.
3. Apneic Stage - There is paralysis of the respiratory center. The breathing becomes shallow, slow, and
gasping. The victim dies of heart failure.
Classifications of Asphyxia
1. Asphyxia by Hanging - This is a form of violent death wherein the body is suspended by a ligature
encircled around the neck. It may be complete hanging whereby the feet do not touch the floor and incomplete
hanging when the victim is in and sitting, kneeling, and lying positions. Pressure by the ligature is present in
front or the side of the neck causing the air passages to constrict and compression of the carotid arteries
reduces the blood supply to the brain causing cerebral anoxia. The ligature marks on the neck follow the
portion of the noose at the point of suspension where it is usually interrupted or shows an irregular mark of a
knot. At first, it is pale but later on becomes brown and parchment-like inconsistency.
Evidence to Support Homicidal Hanging
1. Signs of struggle in the clothing and surroundings.
2. Presence of bodily injuries on the victim.
3. Presence of defense wounds on the body of the victim

Evidence to Support Suicidal Hanging


1. No signs of struggle ineffective suicidal
2. History of previous attempts
3. Presence of suicidal notes.
4. History of reverses in life, loss of loved ones, failure in jobs, and love.
2. Asphyxia by Strangulation - This is produced by compression of his neck by trying to ligature around the
neck and the two ends pulled in the opposite direction in such a manner to tighten the ligature.
Manual Strangulation or Throttling
It is a form of strangulation whereby the hands are used in applying pressure to the beck and obstructing the
air passages causing asphyxial death. It is homicidal and the assailant is either in front, at the side, or back
of the victim while applying pressure over the neck, one or both hands may be used.
Special Forms of Strangulation
1. Palmar Strangulation Form of strangulation wherein palms of the hand are used in applying pressure
over the neck while the assailant is either in front or at the back of the victim.
2. Garroting - Form of strangulation wherein a metal collar or strap is placed around the neck and tighten to
compress the neck.
3. Mugging - a form of strangulation wherein the assailant stands at the back of the victim and forearm is
applied in front of the neck.
4. Compression of the Neck with a Stick,
Rod or Pipe - This is a form of strangulation wherein a piece of pipe, rod, or stick is used in applying
pressure over the neck and the assailant is either in front or at the back of the victim
3. Asphyxia by Suffocation - Is the exclusion of air from the lungs by the closure of air openings or
obstruction of air passages from the external openings
1. Smothering - Caused by the closing of the external respiratory orifices (mouth and nostrils) either by the
use of hands, cloth, pillow, or linen.
Over Laying - most common accidental smothering in children suffocated either from beddings or pillows.
Gagging - application of materials usually handkerchief, linen other clothing material through the mouth and
nostrils.
Plastic Bag Suffocation - Used plastic bags, common among children.
2. Choking - a form of suffocation brought about by the impaction of the foreign body, food, or blood clots in
the respiratory passages.
A. Vomitus - too much alcohol intake
B. Bleeding pulmonary tuberculosis
C. Dentures
D. Bolus of food
4. Asphyxia by Drowning or Submersion in Water
The air passages are submerged in water thereby preventing the forced blow of air into the lungs. t is
not necessary for the whole body to be submerged in water.
SEX CRIMES AND DEVIATIONS
Sex is an inborn instinct of man. Any person without sexual
desire is abnormal.
Sexual Crime is a sexual act about sex.
Sexual Harassment is a sexual act committed by any person by
uttering obscene language which irritates the victim as well as
the unconventional sexual acts which are not in conformity with
the moral standard in society.

Sexual Assault is a genderless crime that involves unconventional sexual acts of violence and aggression
committed on the genital, oral, or anal orifices of another person.
Virginity - is a condition of a woman who has not experienced sexual intercourse and whose genital organ
has not been altered by sexual intercourse.
Defloration - rupture or laceration of the hymen as a result of sexual intercourse. All lacerations or rupture
of the hymen by any other means from sexual intercourse is not called defloration.
Kinds of Virginity
1. Moral Virginity - is a state wherein the female is not physically and sexually matured, and has not
experienced sexual intercourse. The sex organs and secondary sex characteristics are not fully developed.
This applies to children below the age of puberty.
2. Physical Virginity - a condition to a female wherein she is conscious about sexual life, the sex organs, and
secondary sex characteristics are fully developed but had not experienced sexual intercourse.
A. True Physical Virginity - The woman is sexually matured, had not experienced sexual intercourse
and whose hymen is still intact with distinct regular edges and the opening is small barely admits the
tip of the smallest finger.
B. False Physical Virginity - is a condition of a woman who had not experienced sexual intercourse.
The hymen is unruptured, elastic, and distensible and admits 1 or 2 examining fingers with the least
resistance.
3. Demi-Virginity is a condition of a woman who allows any form of sexual acts but refrains from rupturing
the hymen.
4. Virgo Intacta - is a condition of a woman who had several sexual intercourse but had not born a child.
Parts of the Female Anatomy which may be considered in the determination of Virginity.
1. Breasts - are two masses of fleshy tissues at the region of the chest with their nipple at the center and
surrounded by brown or pinkish areolae. This is not a good basis to determine virginity. Some women have a
firm breast with small nipples yet have experienced sexual intercourse. Some women have large and
pendulous breasts and yet the sexual organs have not been altered by sexual intercourse.
2. Vaginal Canal-It is a muscular-membranous canal used as a female copulatory organ and covered by
hymen externally among virgin. The canal, if not altered by sexual intercourse is tight and with sharp distinct
rugosities.
3. Labia Majora and Labia Minora - the labia majora and labia minora are two longitudinal folds of tissues
that formed the lateral boundaries of the pudendal cleft which the urethra and vagina open. The labia majora
is a thick pigments layer covered with hair and the labia minora is the inner smooth layer containing
sebaceous follicles and tends to become erectile. These structures are not a good basis for determining
virginity. The labia majora and labia minora may be gaping in Some women and vets have not experienced
plump firm and well-coaptated labia but sexual intercourse and others may have experienced sexual
intercourse.
4. Fourchette and Perineum The fourchette is the V-shaped structure formed by the union of the labia
majora posturing and below the vaginal orifice. This may become rounded by several sexual intercourses or
distended by the passage of the fetus during delivery.
5. Hymen - This is a thin fold of mucous membrane surrounding the vaginal orifice. It ruptures during sexual
intercourse, instrumentation, or self-manipulation. This is not a good basis of virginity, A woman may have a
ruptured hymen yet she is a virgin. A woman might resort to masturbation yet she may still be a virgin.
Republic Act No. 8353
An act expanding the definition of the crime of rape and reclassifying the same as a crime of rape against
persons amending for an act no. 3815 as amended otherwise known as the Revised Penal Code and for other
purposes.
Section 1 - This act shall be known as Anti Rape Law of 1997
Section 2 - Rape as a crime against a person.
The crime of rape shall hereafter be classified as a crime against a person under the little eight of act no. 3815
as amended otherwise known as the Revised Penal Code.
Chapter Three-Rape
Article 266-A Rape when and how committed.
Rape is Committed
1. By a man who shall have carnal knowledge of a woman under any of the following circumstances.
A. Through fore threat or intimidation.
B. When the offended party is deprived of reason or otherwise unconscious.
C. Through fraudulent machination or grave abuse of authority and
D. When the offended party is under twelve (12) years of age or is demented even though none
of the circumstances mentioned above be present.
2. By any person who under any of the circumstances mentioned in paragraph 1 hereof shall commit an act
of sexual assault by inserting his penis into another person's mouth or anal orifice or any instrument or
object into the genital or anal orifice of another person.
Carnal Knowledge - is a sexual act involving handily connection done by the penetration of the male sex
organ into that of a female sex organ. It is interchangeably used with sexual
Other Sex Crimes
1. Seduction - is an act of a man enticing womento have unlawful sexual intercourse with him through
persuasion, solicitation, promises, bribes, or other means without the employment of force.
A. Qualified Seduction - the seduction of a virgin over twelve (12) years and under eighteen (18) years of age,
committed by any person in authority, priests, by guardian or teacher, or any person who in any capacity,
shall be entrusted with education or custody of the woman seduced.
B. Simple Seduction - a woman who is single or a widow of good reputation, over 12 years but under 18
years of age committed through deceit. Deceit a fraudulent and cheating misrepresentation, artifice, or device
used by one or more persons to deceive and deceive and by another, who is ignorant of facts to the prejudice
and damage of the trick party imposed.
2. Acts of Lasciviousness an act which tend to excite lust, conduct which is wanton, lewd, voluptuous, or
lewd emotion. Lascivious acts embracing, kissing, and holding a woman's breast, and placing a male organ
over the female organ.
3. Abduction - carrying away of a woman by an abductor with lewd design.
1. Forcible Abduction - the abduction of any woman against her will and with lewd designs.
2. Consented Abduction - the abduction of a virgin over 12 and under 18 years of age carried out with her
consent and with lewd designs.
V. Adultery and Concubinage
Adultery - Is committed by any married woman who shall have
sexual intercourse with a man, not her husband, and by the man
who has carnal knowledge of her, knowing her to be married even
if the marriage be subsequently declared void.
Concubinage Any husband who shall keep a mistress in the
conjugal dwelling or shall have sexual intercourse under
scandalous circumstances with a woman who is not his wife or
shall cohabit within any other place.
Prostitutes are women who, for money or profit, habitually
indulge in sexual intercourse or lascivious conduct.
Sexual Deviations - are unnatural sexual offenses and abnormalities. Some factors which may be
responsible for abnormal sexual behaviors are the following environment, educational attainment, mental
condition, habits, and customs.
1. Homosexual - Sexual desire towards the same sex.
2. Tribalism (Lesbianism) - A woman has the desire to have sexual intercourse with another woman.
3. Pedophilia - Sexual perversion wherein a person has the compulsive desire to have sexual intercourse with
a child of either sex.
4. Bestosexual or Bestiality Sexual gratification is attained by having sexual intercourse with animals.
5. Gerontophilia - Sexual desire with an elder person.
6. Necrophilia Sexual perversion is characterized by erotic desire or intercourse with a corpse.
7. Incest - Sexual relations with members of his family.
8. Lust murder or Necro Sadism – Sexual behavior wherein the offenders perform sexual intercourse and
then kill the victims
9. Sadism - Sexual behavior wherein the offender inflicts harm to attain sexual gratification.
10. Nymphomania - Excessive sexual desire of Women.
11. Fellatio (irrumation) - Female receive the penis into her mouth
12. Cunnilingus - Licking or sucking the vagina.
13. Anilism (Anilingus) Person receives excitement by licking the anus of another person of either sex.
14. Sado Masochism (Algolognia) - Pain or cruel act as a factor for sexual gratification.
15. Flagellation - Sexual deviation associates especially with the act of whipping.
16. Fetishism - An object or bodily part of a Woman is necessary for sexual stimulation.
17. Urolagnia - Sexual deviation is which sexual excitement is associated with the sight of a women urinating
18. Sodomy - Sexual act through the anus of another.
19. Uranism - Sexual gratification is attained by fondling the breasts.
20. Frottage - Compulsive desire of a person to rub his sex organ against the same parts of the body of
another.
21. Voyeurism (Peeping Tom) – Compulsion to peep to see a person undress.
22. Mixoscopia (Scoptophilia) Sexual pleasure is allowed by watching a couple doing sexual acts.
23. Troilismn - 3 persons participating in sexual orgies.
24. Coprolalia Sexual deviation Characterized by the need to use obscene language.
25. Exhibitionism - Willful exposure in public places of one's genital organ in the presence of other persons.

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