MEDICO-LEGAL ASPECT IN INVESTIGATION
MEDICO-LEGAL ASPECT IN INVESTIGATIONMEDICO LEGAL
INVESTIGATIONTruth is necessary in the administration of justice
attained by using medical techniques. Although the results in
medical techniques in deception detection are not admissible as
evidence in court, it may be useful for further investigation. The
role of physician in criminal investigation utilizing highly
technical medical methods is to assist in its operation and
interpret the result.DECEPTION DETECTION METHODSIt is a method of
gathering information from the subject about the crime in dispute
employing the use of special medicines and other devices, drugs and
other substance. Their result are not admissible in court but
useful for further investigation.METHODS OF DECEPTION
DETECTION1.Use of polygraph test or lie detector test or keelers
test.Polygraph is an instrument that measures and records several
physiological responses such as blood pressure, pulse rate,
respiration, and skin conductivity while the subject is asked and
answers a series of questions, on the basis that false answer will
produce distinctive measurements.HISTORYThe idea that lying
produces physical side affects has long been claimed. In Africa,
persons suspected of a crime were made to pass birds egg to one
another. If a person broke the egg, then he or she was considered
guilty, based on the idea that their nervousness was to blame. In
ancient china, the suspect held a handful of rice in his mouth
during the prosecutors speech. Since salivation was believed to
case at times of emotional anxiety, person was considered guilty if
by the end of the speech the rice was dry.Early devices for lei
detector include 1885 invention of Cesar Lombroso used to measure
changes in blood pressure for police cases.
In 1914, a device by Vittoro Benussi used to measure breathing
and an abandoned project by America William Marston which used
blood pressure and galvanic skin response to examine German
prisoners of war.In 1920, Dr. John Larson invented a device
recording both blood pressures and galvanic skin response. Further
work of this device was done by Leonard Keeler.The first time the
term polygraph was used in 1906 by James Mackenzie in his invention
the ink polygraph which was used for medical reasons.LIE DETECTOR
OR POLYGRAPH TESTA test used to record physiological changes
associated with lying in a subject. The polygraph machine will
record the blood pressure, respiratory rate and the skin resistance
to electricity in a graphic paper.The subject is made to sit
comfortably and the blood pressure cuff, pneumograph and electrodes
connected to the machine will be placed in the subject. When the
machine is switched on, then question will be asked that can only
be answered by Yes or No by the subject.
1.Use of Drugsa. Narco Synthesis or Narco Analysis- This is a
deception detection method uses anesthetic drugs like Sodium
Pentothal or Sodium Amytal to get information from the subject. The
drug is injected intravenously until inhibition is released then
the interrogator asks question. The tendency of the subject is to
reveal the secrets of the crime. The use of this method in criminal
investigation is not advisable because of the following reasons.
The administration of the drug is dangerous. If not properly
administered it may kill the subject, damage the brain and spinal
cord. This method of deception detection will give unreliable
results and deprive the subject of his own free will to speak.b.
Administration of truth serum- Same as Narco Synthesis, in the test
Hyoscine Hydro bromide given hypodermically in repeated doses until
a state of delirium is induced. Statements taken from the subject
while under the influence of truth serum are involuntary obtained
hence they are not admissible as evidence.c. Use of alcoholic
beverages- The information taken from the subject while under the
influence of alcohol may be admissible if the subject can recall
his statement when he was under the influence of alcohol when
confronted again.Stimulus Association TestIn this test, the subject
will be interviewed wherein a group of stimulus words, of person
will be presented to the subject. He will then be the instructed to
answer the question as quickly as possible. The time interval
between each relevant question and answer were noted down as well
as the reaction of the subject to the stimulus words, objects or
person related to the crime is dispute. The time interval and the
reaction of the subject will be studied by the interrogator. A
person presumed to be guilty will usually make a mistake or will
have long time interval in answering questions. He may manifest the
situation in answering critical question especially the weapon used
in the commission of the crime will be shown to him. There will
also be responses to the stimuli.2.Use of HypnotismAlteration of
the consciousness and concentration in which the subject manifests
a heightened state of suggestibility. The subject is under the
control of the hypnotist and therefore the information gathered is
devoid the subjects own free will and making it not admissible in
court.SIGNS AND SYMPTOMS OF GUILT1. Color ChangeBlushing or red
color of the face indicating anger or humiliation. Pallor of the
face is indicative of tension, fear an anxiety.2. Sweating or
perspiration accompanied by the flushed face indicative of anger,
embarrassing or extreme nervousness. Cold clammy perspiration is a
manifestation of shock, fear and anxiety.3. Dryness of the mouth
because reflex inhibition of the salivary gland resulting to
continuous swallowing and licking of the lips.It may be an
indication of tension and nervousness but also guilt.4. Excessive
activity of Adam's apple on account of inhibition of salivary gland
there is dryness of the making the subject to swallow. This causes
frequent upward and downward movements of the Adams apple.5.
FidgetingSubject constantly moving about in the chair, crossing and
uncrossing the legs tapping the table , rubbing the face, picking
the nose and ears, biting the fingernails and twisting the
handkerchief of clothing.6. Inability to look straight at the
Interrogators Eyes.The subject avoids looking at the investigators
eye for that his guilt may be seen at his eye.7. BreathingThe
holding of the breath is an indication of tension especially when
critical questions were asked and then followed by a sudden,
explosive and longer expiration8. Peculiar and Unusual
ExpressionThe not feeling well and not that I remember are
sometimes the remarks of the subject probably to avoid betraying
himself in the interrogation.9. Swearing to the Truthfulness of his
assertion.A guilty subject unusually utters I swear to God I am
telling the truth.10. Spotless RecordsThe subject may assert that
he is a religious man and that it is not possible for him to do
anything. Confession and AdmissionConfession is an expressed
acknowledgment by the accuse in a criminal case the truth of his
guilt as to the crime charged.A confession is different from
admission. A confession is a declaration of the accused that he had
committed or participated in the commission of the crime and
therefore a statement of guilt while admission is a statement of
fact usually applied in criminal cases which do not directly
involve an acknowledgement of guilt or criminal intent.Kind of
ConfessionA. Extra Judicial Confession
1.Voluntary extra judicial confession2.Involuntary extra
judicial
B. Judicial ConfessionA confession made inside the court. It is
conclusive and maybe considered to be a mitigating circumstance to
criminal liability.Thank you
