intro, CSI

7/25/2019 intro, CSI

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Legal Medicine

Guadalupe D. Villaret-Matejka, MD

College of Law

University of San Agustin


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Goal:

The goal of this course is to provide lawstudents with fundamentals of forensic

science and equip them with knowledgeneeded for the law profession.


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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


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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


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Objectives:

Define legal medicine

Importance of legal medicine

Scope of legal medicine

Medico-legal cases


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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


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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


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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


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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


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Forensic sciences

Forensic anthropology

Forensic medicine

Forensic pathology Forensic pschiatry/psychology

Forensic meteorology

Forensic DNA analysis Forensic odontology


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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


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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


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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


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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.


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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


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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.


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Under Philippine Laws, medico-legaldeaths must undergo mandatory autopsy.


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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.


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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?


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CRIME SCENE INVESTIGATION


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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.


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Members of the team:

Police investigators

Medico-legal experts (medical examiners)

Fingerprint experts Photographer

Chemist

Sketch artist Evidence recorder


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Methods of conducting thesearch:

Strip method

Double strip or grid method

Spiral method Wheel method

Zone method


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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.


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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.


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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.


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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:


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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


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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


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Evidence

Physical evidence Corpus delicti evidence

Associative evidence Tracing evidence

Criminalistics - identification, collection,preservation and mode of presentation of

evidence


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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.


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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

Documents

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