CHAPTER 1

LEGAL MEDICINE

DEFINITION : A branch of medicine ,

which deals with the application of
medical knowledge for the purposes of
law or simply put , medicine applied to
legal cases.

Synonymous with FORENSIC MEDICINE

although strictly speaking, refers to use
of medical science to elucidate legal
problems.

What are the types of medical evidence?

Autoptic or Real Evidence made

known or addressed to the senses of
the court but not limited to that which
is known through the sense of vision
but is extended to what the sense of
hearing, taste, smell and touch is
perceived.

Testimonial Evidence a physician

may be commanded to appear before a
court to give his testimony. While in the
witness stand, he is obliged to answer
questions propounded by counsel and
presiding officer of the court. His
testimony must be given orally and
under oath or affirmation.

Experimental Evidence a medical

witness may be allowed by the court to
confirm his allegation or as a
corrobated proof to an opinion he
previously stated.

Documentary Evidence a document

is an instrument which is recorded by
means of letters, figures, or marks
intended to be used for the purpose of
recording that matter.

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 a criminal.

MEDICAL JURISPRUDENCE

DEFINITION : A branch of law which

deals with the organization and
regulation of the medical profession,
with the contractual obligations existing
between practitioner and his patient ,
and the duties imposed on the
practitioner by the state.

LEGAL TERMINOLOGIES

DACTYLOGRAPHY is the art and

study of recording fingerprinting as a
means of identification.

DACTYLOSCOPY is the art of

identification
by
comparison
of
fingerprints. It is the study and
utilization of fingerprints.

POROSCOPY is the study of the

pores found on the papillary or friction
ridges of the skin for purposes of
identification.

BIBLIOTICS is the
handwriting analysis.

GRAPHOLOGY is the study of

handwriting
for
the
purpose
of
determining the writers personality,
character and aptitude.

science

of

What is the nature of the study of Legal

Medicine?

The knowledge of legal medicine

means the ability to acquire facts, the
power to arrange those facts in their
logical order, and to draw a conclusion
from the facts, which may be useful in
the administration of justice.

What
evidence
conviction?

ORDINARY PHYSICIAN sees an

injury or disease on the point of view of
treatment, examines a patient to arrive
at a definite diagnosis for appropriate
treatment and ignores minor or trivial
injuries.

is

necessary

for

1. In civil cases, the party having the

burden of proof must establish his case
by a preponderance of evidence.

2. In a criminal case, the defendant is

entitled to an acquittal, unless his guilt
is shown beyond reasonable doubt.

How do you distinguish an ordinary

physician from a medical jurist?

MEDICAL JURIST sees injury or

disease on the point of view of cause,
examines a patient to include those
bodily lesions in his reports and testify
before the court or before an
investigative body to give justice and
records all bodily injuries to serve as
proof to qualify the crime or justify the
act.

What are the methods of Deception and

Detection and what is its significance?

1. Devices which record the psychophysiological response

2. Use of drugs that try to inhibit the

inhibitor

3. Hypnotism

4. By observation

5. Scientific interrogation

6. Confession

12. Sexual organ

13. Blood examination

ANTHROPOMETRY

a
scheme
utilizing
anthropometrical
measurement of the human body as
the basis of identification.

POTRAIT PARLE (spoken picture) is a

verbal, accurate and pictures que
description of the person identified.
Such information may be given by the
witness, relatives, or other persons who
are acquainted with the physical
features of the person to be identified.

What are the characteristics that may

easily change?

A. Growth of hair ,beard or mustache

B. Clothing

C. Frequent place of visit

D. Grade of profession

E. Body ornamentations

What are the characteristics that may

easily not change?

What are the

identification?

scientific

A. Fingerprinting

B. Dental Identification

C. Handwriting

methods

of

A. Mental memory

D. Identification of Skeleton

B. Speech

E. Determination of Sex

C. Gait

F. Determination of Age

D. Mannerism

G. Identification of Blood and Blood

Stains

E. Hands and feet

H. Identification of hair and fibers

F. Complexion

G. Changes in the eyes

H. Facies

I. Left- or right handedness

J. Degree of nutrition

What are the points of identification,

which are applicable to both the living &
the dead before onset of decomposition?

1. Occupation marks

2. Race

3. Stature

4. Tattoo marks

5. Weight

6. Deformities

7. Birth marks

8. Injuries leaving permanent result

9. Moles

10. Scar

11. Tribal marks

b) parasympathetic
a) Sympathetic
-under the influence of physical
(exertion) or emotional stimuli (anger,
excitement, fear, lie-detection, etc.)
b) Parasympathetic
-works to restore things to normal in
the absence of stress
dominates when the condition is
calm, contented and relaxed

CHAPTER 2
DECEPTION AND DETECTION

Knowledge of truth is important in the

administration of criminal justice,
lies solely in the ability to evaluate the
statement given by the suspect or
witness
the task for its determination initially
lies on the hand of the investigator.

Methods of deception detection:

1. Devices which record the psychophysiological response:
a. Use of a polygraph or lie
detector machine
b. Word association test
c. Psychological stress evaluator
2. Use of drugs that try to inhibit
the inhibitor
a. Administration of the truth
serum
b. Narcoanalysis or Narcosynthesis
c. Intoxication
3. Hypnotism
4. By observation
5. Scientific interrogation
6. Confession
I.

RECORDING
OF
PSYCHOPHYSIOLOGICAL RESPONSE
Nervous control
1) CNS (brain & spinal cord )
-controls motor/sensory functions, w/c
may be voluntary
2) ANS
-acts as a self-regulating autonomic
response of the body
2 branches:
a) sympathetic

A. Use of a Lie Detector or

Polygraph
-records physiological changes that
occur in asso'n with lying in
polygraph
-The fear of the subject when not
telling the truth activates the
symp.
(which
allows
the
determination)
-To a series of automatic and
involuntary physiological changes
which
are
recorded
by
the
instrument.
-Use
of
controlled
questions
answerable
by yes/no > Most
reliable & effective questioning
technique.
Supplementary tests:
a) Peak of tension test - peak of
tension on relevant questions not
known to the subject
b) Guilt complex test - does not
response to added relevant quest.
c) Silent answer test - subject
verbal response creates distortion,
in the tracing or clearing the throat.
Reasons for admissibility to the
court of the result of Polygraph exam:
1. Have not received the degree of
standardization of acceptance.( still
in experimental stage )
2. Trier of fact is apt to give almost
conclusive weight to the experts
opinion
3. No way to assure that a qualified
examiner administered the test.
4. May waive right against selfincrimination.
5. It has many errors.
Factors responsible to 25% errors:
1. Nervousness experienced by a
subject who is telling the truth
a. Apprehension by the fact that he
is a suspect.
b. over-anxiety to cooperate
2. Physiological abnormalities > BP
increase. or decrease, Cardiac prob.
3. Mental abnormalities
4. Unresponsiveness in a guilty subject
no fear of detection

5. Attempt to beat the machine by

controlled breathing or by muscular
flexing
6. unobserved application of muscular
pressure w/c produces ambiguities
and misleading indications in the
blood pressure tracing
Can a person be compelled
to be subjected to the lie-detector
test?
No, use of intelligence and other
faculties is self -incriminatory
B. Word association test:
-Time interval between the
words uttered by the examiner and the
answer of the subject is recorded.
C. Psychological Stress Evaluator
(PSE)
-when a person is under
stress/lying, the micro tremor in the
voice utterance
is moderately or
completely suppressed.
-degree of suppression varies
inversely to degree of psychological
stress in the speaker
-displays the voice modulations
that we cannot hear the frequencies
tend to disappear
II.
USE OF DRUGS THAT INHIBIT THE
INHIBITOR

V. INTERROGATION
-questioning
of
a
person
suspected of having committed an
offense or of persons who are reluctant
to make a full disclosure of info in his
possession w/c is pertinent to the
investigation
- suspect/witness
- Emotional appeal
Different types of criminal offenders:
1. based on behavioral attitude
a. active aggressive offenders
-impulsive manner ( crimes of
passion, revenge, resentment)
b. passive inadequate offenders
-inducement/promise/ reward
2. based on the state of mind
a. rational offenders
-w/ motive/intention
b. irrational offenders
-w/o knowledge on the nature
& quality on his act(mad killers)
3. based on proficiency
a. ordinary offenders
-lowest form, limited skill
b. professional offenders
- highly skilled w/ the least
chance
of being detected
-pickpocketing, shop-lifting
4. psycho class'n
a. emotional offenders
-accidental in nature
b. non-emotional offenders

- Not admissible in court

-financial

A. Administration of truth serum

-Hyoscine hydrobromide given
hypodermically until state of delirium
which the subject feels a compulsion to
answer the question truthfully.
B. Narcoanalysis or Narcosynthesis
-Sodium amytal or sodium
penthotal
C. Intoxication with alcohol -'' In vino
veritas
III.

HYPNOSIS
-alteration
consciousness/concentration,
subjects can be hypnotized

not

of
all

IV. OBSERVATION
Physiological and psychological
signs and symptoms of guilt:
a) Sweating, color change
b) Dryness of the mouth
c) Excessive activity of Adams apple
d) Fidgeting
e) Peculiar feeling inside
f) Swearing, spotless past record
g) ''not that I remember'' expression
h) Inability to look at the investigator

gain/recidivist/repeaters
* Requirement for the admissibility of
evidence obtained thru investigation(pp 3435)
* miranda v.arizona(pp 35)
*techniques of interrogation'
1. emotional appeal
-conducive to confession
2. mutt and jeff technique
3. bluff on split-pair technique
-two or more persons are involved of a
crime
4. stern approach
-interrogator uses harsh language;
immediate response is demanded
5. subject is given the opportunity to
make a lengthy, time-consuming
narration
VI. CONFESSION
- expressed acknowledgement by the
accused in a criminal case of the truth
of his guilt as to the crime charged, or
of some essentials thereof
-statement of guilt

Admission- statement of fact by the

accused w/c does not directly involve an
acknowledgement of guilt of the accused
Kinds of confession:
I. extra-judicial confession
-not sufficient ground for conviction,
unless corroborated by evidence of corpus
delicti
- may be:
1) voluntary
2) involuntary-null and void
***Maltreatment of prisoners for the
purpose of exhorting confession or to obtain
some info is a crime.
II. Judicial confession
-conclusive upon the court and may be
considered circumstance to criminal liability

****judicial admissions
-sec 4 rule 129-revised rules: an
admission, verbal or written, made by a party
in the course of the proceedings in the same
case, does not require proof. The admission
may be contradicted only by showing that it
was made thru probable mistake or that no
such admission was made.
TOKYO DECLARATION (World Medical
Asso. in 1975)
- contains guidelines to be observed by
physician concerning torture and other cruel,
inhuman and degrading punishments in
relation to detention and imprisonment