Upload
ianmaranon2
View
227
Download
0
Embed Size (px)
Citation preview
7/25/2019 intro, CSI
1/37
Legal Medicine
Guadalupe D. Villaret-Matejka, MD
College of Law
University of San Agustin
7/25/2019 intro, CSI
2/37
Goal:
The goal of this course is to provide lawstudents with fundamentals of forensic
science and equip them with knowledgeneeded for the law profession.
7/25/2019 intro, CSI
3/37
Definition:
16th century Italy and Britain: Medicinelegale
Latin: forensis public; of a forum: Forensicscience science that is applied to legal matters Medical jurisprudence: University of Edinburgh
1789 by Dr. Andrew Duncan, "medical policeand juridical medicine".
Health Law: economics of health care, publicpolicy and healthcare regulation, bioethics
7/25/2019 intro, CSI
4/37
Definition:
Scientific method:
1. Observation and collection of data
2. Conjecture of collected data (analysis)3. Formulation of hypothesis
4. Testing the hypothesis or reconstruction
5. Theory
7/25/2019 intro, CSI
5/37
Objectives:
Define legal medicine
Importance of legal medicine
Scope of legal medicine
Medico-legal cases
7/25/2019 intro, CSI
6/37
Forensic Medicine
The application of medical science toelucidate legal problems
Dr. Pedro Solis Deals with investigation, preparation,
preservation and presentation of evidence
and medical opinion in courtsDr. William J. Currran
7/25/2019 intro, CSI
7/37
Legal Medicine
The application of medicine to legalscience.
Dr. Pedro Solis Areas of medicine concerned with
relations with substantive law and with
legal institutionsDr. William Curran
7/25/2019 intro, CSI
8/37
Medicolegal practitioners
Doctors handling medicolegal cases Forensic experts, scientist
Health officers Medical officers of law enforcement agency Members of medical staff of accredited hospital
Private practitioners PNP criminal laboratory NBI criminal laboratory
7/25/2019 intro, CSI
9/37
Forensic Science in thePhilippines
Spanish regime Medico Titulares in charged of public sanitation and
medico-legal aid
American regime Medico-Titulares under the Board of Health
Philippine Republic
Medico-legal Division was established at the PGH andwas later transfer under the authority of Department ofJustice.
In 1947, the Medico-legal Division was transferred tothe National Bureau of Investigation
7/25/2019 intro, CSI
10/37
Forensic sciences
Forensic anthropology
Forensic medicine
Forensic pathology Forensic pschiatry/psychology
Forensic meteorology
Forensic DNA analysis Forensic odontology
7/25/2019 intro, CSI
11/37
Forensic sciences
Forensic archeologist
Forensic entomology
Forensic chemistry and toxicology Fingerprint experts
Handwriting experts
Forensic linguistics Forensic nursing, etc
Bioethics, liability, management of health care
7/25/2019 intro, CSI
12/37
Scope of Forensic Medicine
Crime Scene Investigation Medico-legal aspects of Identification Medico-legal aspect of Death Causes of Death and Conduct of Autopsy Medico-legal aspect of Physical Injuries Ballistics Sex Crimes Pregnancy/Abortion/Paternity and Filiation Disturbance of Mentality Alcoholism and Poisoning
7/25/2019 intro, CSI
13/37
Medico-legal cases
Injuries or death involving persons who have nomeans of being identified.
Persons pronounced as dead on arrival. Deaths under the following circumstances:
1. Death occurring within 24 hours of
admission when cause of death is unknown
2. Unexpected death when the decease is in
apparent good health
7/25/2019 intro, CSI
14/37
3. Death due to natural cause but with
physical evidence of foul play.
4. Death as a result of violence, accident,suicide or poisoning.
5. Death due to improper or negligent act
of another person.
7/25/2019 intro, CSI
15/37
Medicolegal cases
Victims of physical injuries cause by any of thefollowing.
1. GSW, SW, mauling, etc.
2. VA
3. Asphyxia
4. Electrocution, burns
5. Accident, homicide or suicide6. Poisoning
7/25/2019 intro, CSI
16/37
Cases of child abuse, domestic violence, rape,alcoholism and drug addiction.
Cases involving mental competency of thepatient.
Iatrogenic causes brought about by negligentacts or omissions of the hospital staff resulting in
violation of rights of patients or leading topatient`s physical and mental incapacitation,physical injury and death.
7/25/2019 intro, CSI
17/37
Under Philippine Laws, medico-legaldeaths must undergo mandatory autopsy.
7/25/2019 intro, CSI
18/37
June, a defense lawyer for S&E Heaters, was thwarted at every turn bythe one fact that she could not change: The plaintiffs lawyer knew moreabout his clients's case than she did. June's clients stood to loosemillions unless she could prove that their product, a hot water heater,was not at fault in the electrocution death of Mr. Edwards.
When Mr. Edwards was electrocuted 2 years ago, the EMS paramedicsthought it was an accidental death. They'd taken the body to the ME
who checked the ocular fluid and learned that Mr. Edwards had beenintoxicated when he stuck a metal screwdriver into his hot water heaterwhile standing barefoot on wet carpet. For the defense, that was goodnews. It meant Mr. Edwards was negligent and his death wasn't cause ba defective hot water heater.
But the medical examiner (ME) had screwed things up. Hehadn't ,followed the rules about chain of custody of evidence. Becausehe could not account for the location of the blood alcohol evidence at alltimes, it was possible it had been tampered with. The plaintiffs lawyersuccessfully argued to exclude the evidence from the case.
7/25/2019 intro, CSI
19/37
Because of that, June worried that her client would
have to write the Edwards family a settlement checkwith lots of zeroes.
"What are you moping around." June's boss asked
her.
She explained everything.
You're overlooking something, aren't you? He asked.
"What?"
"I see Mr. Edwards was an organ donor. And you
know what that means."
June thought about it a while. Finally, her face lit up.What did June realize that made the case
defensible?
7/25/2019 intro, CSI
20/37
CRIME SCENE INVESTIGATION
7/25/2019 intro, CSI
21/37
Crime scene:
Crime scene: It is the place where the essentialingredients of the criminal act took place.
Crime scene investigation: collection of thephysical evidences that may lead to the identityof the perpetrator, the manner the criminal actwas executed and other things that may be
useful in the prosecution of the case.
7/25/2019 intro, CSI
22/37
7/25/2019 intro, CSI
23/37
7/25/2019 intro, CSI
24/37
Members of the team:
Police investigators
Medico-legal experts (medical examiners)
Fingerprint experts Photographer
Chemist
Sketch artist Evidence recorder
7/25/2019 intro, CSI
25/37
Methods of conducting thesearch:
Strip method
Double strip or grid method
Spiral method Wheel method
Zone method
7/25/2019 intro, CSI
26/37
Salient points:
Determine if the victim is alive or not. Preserve the scene of the crime until proper
markings/photographs are taken. The scene of the crime must be cordoned off. The immediate environment inspected for clue
and evidences. Evidence collected must be properly identified,
sealed and signed by the investigator andendorsed to the custodian.
7/25/2019 intro, CSI
27/37
7/25/2019 intro, CSI
28/37
7/25/2019 intro, CSI
29/37
7/25/2019 intro, CSI
30/37
The neighbors gathered on the street outside, watching with mixed horrors and
fascination as the firefighters battled the blaze in the front half of the house.
Bill put his arm around Lisa and held her close. "I wonder if he is ok," she said.
He shrugged. "It depends on where he was in the house. Since the bedroom is in the
back, maybe he is all right."
The house had been the only real asset of the owners possessed, and it was heavily
mortgaged.
"I know his wife is out of town,"said Lisa, "but I saw him about an hour ago, taking out
the trash. How can this be happening?"
A firefighter emerged from the front door with the family canary squawking in his cage.
He handed the cage to Bill. "Can you care for the bird until the wife comes home?"
"Of course," Bill responded. He didn't know how his neighbor could sleep through a
fire with that damn bird in his bedroom. The bird was loud enough to keep Bill up at
night.
7/25/2019 intro, CSI
31/37
Just then, EMS workers came out of the front door with a body on a
stretcher. Lisa's stomach turned when she saw the lifeless remains of
her neighbor.
"Found him in bed," he heard one of the firefighters tell the EMS guy.
Bill stared. The old guy didn't smoke, but his trophy wife often puffed
obscenely on a fat cigar. She was too proud of the home, he thought,
to have set the blaze intentionally.
"What a horrible way to die," Lisa said quietly to bill. "It must have
been smoke inhalation because the body doesn't look burned or
anything."
"He didn't die of inhalation," Bill suddenly blurted out. "He was dead
before the fire even started."
What brought bill to this conclusion.
7/25/2019 intro, CSI
32/37
Evidence is the means of ascertaining in a
judicial proceeding the truth respecting a
matter of fact.
If it is medical in nature then it is called
medical evidence.
Admissibility of evidence
Evidence:
7/25/2019 intro, CSI
33/37
Evidence
All evidences collected must be protected,identified and preserved.
Evidence custodian is responsible to preservethe shape, minimize contamination and chemicalchanges and transfer of evidences.
Types of evidences:
Autoptic or real evidence Limitations
Indecency and impropriety
Repulsive objects and those offensive to the sensibilities
7/25/2019 intro, CSI
34/37
Evidence
Testimonial evidence Ordinary witness (privilege of communication, dying
declaration)
Expert witness Experimental evidence
Documentary evidence Medical certification/report
Medical expert opinion
deposition
Photographs, videos
7/25/2019 intro, CSI
35/37
Evidence
Physical evidence Corpus delicti evidence
Associative evidence Tracing evidence
Criminalistics - identification, collection,preservation and mode of presentation of
evidence
7/25/2019 intro, CSI
36/37
Physical evidence examination shouldprove:
That a crime has indeed taken place. Determine the perpetrators MO.
Establish contact between a victim and asuspect. Establish contact between a person and a
scene. Support or disprove a witness`testimony Provide investigative lead.
7/25/2019 intro, CSI
37/37
Preservation of evidence
Photographs, audio/video tape, micro film
Sketching Rough sketch
Finished sketch
Description
Manikin method
Preservation in the mind of the witness Special methods