bi CHAPTER I GENERAL INFORMATICN ON LLGAL MEDICINE cine whico on of Legel Medicine - is the branch of ued ‘Wesls WEE Che applicstion of uecieal knowledge to the purposes of law end justice. gJurisprudenc. i. Legel Nedicine is uedicine applied to lew end edminis- tretion of justice, waile Medicel Jurisprudence is lew epplied to the prectice of gedieine, Legel Medicine basicelly originate from the develogueat of medical science, while teticel gurisprudence easaetes from acts of Congress, now cblied Netiousl Asseubly, Executive Orders, fdaluisttative circulers, custous end useges, end Uecisiins of cdutts which heve relation to the practice of ueliciae. Legel Medicine is » brench of wedicel science, while Nedicel Jurisprudence is brancn of lewe Lezel Medicine is besed ou tne principles of cocrcine- tion; thet legel sedicine coordinste ucdicine to lew end justice, while mecicsl jurisprudence is based on tne principles of sudcrdiavtion; that it is tue duty of the pnysicicn to obey the lews aad to uet witain the bouads of lew beccuse tue governuect is esteblisaed on the principl: uf goverusent of lews né not of wer end that no one is cuasiderea ebove the lew. It is tue duty of 8 paysicien to use niuself + suborcinate of the sugerior being the sovereign people iron wuon the lew enenetes. Whet_is e Mediceljurist or 6 tiedico-Level Expert? ——— pers He is a phyeician who specializes in the science ot legel medicine, Ne must possess & sufficient inowlecye of patholosy, toxicology, surgery ena cther orenches of aedicine in its epoii- ertion to law end justice, | who crn be # Nedicel witness or Nedico-Legel Officer? 1. 2. Any physicien who ie duly qualified to arectice uedicine is tue philippines. He wust heve sufiicient experience anc treining in ell brenches of medico-legel work.| “juhet is the Medice-Leysl system Ldooted in tue phili, 2 4A wedical witness is obliged to cowgly wita # subpocae issued by the court. He is also to enswer es 8 genert#l rule Suestions pounded to him while ae is st toe witness stend. £0 in this instence, the medical witness is et the mercy of the legal counsel propounding questioas: But tnere are protecticus given to the medical witness while making bis testimony. What ere the protections of # Medicel withess whild Testifying? 1. He is Jrotected frou ibrevuleut, isproper or insulting demeanor or questions. | 2. He ten only oe detained or delayed iu court, so Long as the interest of justice requires it. 3. He can only be exewined 6s to tae matters pertinent to the core et issue ia court. : 4+ He cen not be sudzedted bo uersh treatuent or impolite or rough wennerss whet she the Differences yetweed ea crainury Physician and @ Medicel Jurist? Medicel Jurist? 1. sn ordinary physicien sees an injury or disease on the Point of view of treatment while ® meaicel juciet sees. the injury or disease es regeras to the cHuse. 2. Whe purpose of om’ ordinary physicion's exeminesion of @ petient is to give remedy or treatuent, while a medical jurist purpose in exemining e yatieat is for . ‘lew end to give yustice to one where gustice is due. 3. Minor bodily lesious uey, be insigniricent to an ordinary necure, size end locetion must dé appreciated - end described, es they may prove force and may chuose the nature of the crixe. Presence of saall ebrasions on tae hend of tne victin of staboing wey prove thet the victiu offered some degree of resis- ybence, taet it mey nouify the nature of the cvime committed. ines? T ; Im the Philippines, w: heve the medico-legel officer who is # duly cuelified precticiny physicien and must have sufficient experience end treining in 61l brenenes of wedico-legel wora. : iu Wino pre the vedico-Legel Officer in tne Philippines ona sow Hay They Get their Office? : @hey are the following es ex-officio-wedicel efficers; 1. Provincial Health Officer >, vunicivel Health Officer3. City Heslth Officer . 4. Medicel steffs - of hospitels, asylun, schools, penitentiaries end other charitable institutions 5. Medico-legal officers of the Netional sureeu of Investigation Importent; Gan @ physicien deliberately fail or disobey e subpoena servec to hin by # court to testify end cea it be the ground for reprinend, suspension or revocation of is certificate of regis- tration as physicisn? he enswer is "YES", £ physician is lieble for the crime of contempt of court in the stend pvoint of rule of law aad is likewise liable ‘for en unprofessionel conduct under tie rule of ethics, for which he is subject to punishment crisinelly snd eomioistretivelys he Board of Medicine way punish @ physicien for defying or flagrently retusing without legel gustificetion, a court order beceyse such ect constitute en unprofessionsl conduct ,for which the 3oerd ney suspend or revoke bis ense. A physicien n#s a woral duty to the stete or cowwunity in the proper edministretion ot justice. Lowe physicians consider it ss an edditionsl, duty to tueir usual redicel duties, hence they refuce to headle wedico-legel cases because of fear, and weste of time when Deing summoned in court. But, no physicien in prectice cen ignore nor refuse to face the problem of legel responsioility and his duties to tne ecurt. As 8 medicel witness, a pnysicien saculd neve en .inpartiel ene eccurete observetion or the fects end must possess “the power to impert or in writing ell of bis observations to others. He aust be eble to convey the fects he noted or observed anc vive his logical opinion. MELICAL RY IDENCE pefinitioa: In is tne meens, approved or senctioned by lew, of sscertein- ing in # judiciel proceeding the truth reapecting a metter of fect wherein scientific knowledge is necessery. guch uedicel eviaence must be relevent to'the case-et issue end ie not excluded by the gules of Court ia tke Puilipoines. vant ‘are the Differcat Forms of Nedicel Evidence? Want are the piffersat Forms of Nedicel Evidence? 1. Real or Lutoptic Evidence - there wre objects waica coule be viewed or seen end elso those that cen be perceived by the senses of heering, teste, suell or touch.Example: skeleton Indeceney sud impropriety are exceptions to this rule and also those reguisive objecte ena ta0se offensive to seusibilities. Testimonial Lvidence - this ere stetewents given dy witness in the witness strnd to answer ysestions pro- pounded by coucseis or parties or by presiding officer of the court, wiich are given orally in open court and wede anaer ovta or affiraetion. Gwo Kinds of wituesses: 1. Ordinary Witness - 411 persons who,. neve urgecs of sease, cen perceiver sud perceiving, cen aeke mown their percepticn to otners may oc witnesses. Jere Withess - & versou wo is couyeseat to enswer question of sdience, ert or trece, waer he is skillec trerein, like shysicisus, turses, end rediologists, sna other sciiled ror: seioutls. Experimentel Evidence ~ 8 nedicel witness ury de reguired to perform certein experiments to prove « curtrin aatcer of fect. Exemple; .4 ret or cet msy be injected s fete] dose ox poison lise potassiuu cyenide te prove thet tke drug cen proauce instent dset Documentary Evidence - eny written evidcuce related or relevent to tie subject matter in dispute. Medical Docunentery Evidence ere the foriowing: A. Foruel written Reports: 1. Nedical Certificete or examinetion report 2. Physicel exewinetion report 3. Necropsy report As Lebcretory examination report 5. - Exburetivn report 6. Nedicel exbminetion or investigation report Be written Cpinions: : “Ls: Medico-Legel officer investigetion findiogs or , Beport end wexe.s, require written opibion of thet cese under investigation end ‘this is pre- Sented duriog the.trial of the case. *WHA® ARE 1. UAT ARE 1 2. ‘the produce e il. 2 1. Medicel certificated , 7 &. Certificete of pnysicsl neelth 3. eeth certificete 4, Birth certificete : . 5. Certificate of physicel inguries THE LIAFEREND WAYS Olt METHODS CE SEEVING EVIDENGE? Photogrephy end sound Recording + X-Ley records; photoststs, wicrofilus, wovie filus, sousa air-or, phonegrephy, teleprotos. ' Sketching - 4 dreft to show or outline the scene or plece or object to be preserved. 4, rough represeataticn és to the pucition, relations, size 7.., Breetning.~ Becoues effected lixe holding of brecth, . e-sudden' explosion of the breeth or 6 slignt ges sicatésze crivicel question. te 9 Fidgeting, genersl nervous symptons:~" moving: aboilt the vehair,, pulling ofitars, rubbing of fece, picking enc tweaking tae nose; crossing end uncrossing the mnees or legs, rubbing the heir, eyes or eyebrows, diting ur snepping of fingerneils -'ell inaicate tension. AD ARE THE PHYSICLCCICL AND PSYCHOLOGICAL SYMPTCHS OF CUTIE OF THE SU2ZTECT? cit The eppesrence of © subject wey be vetreying” his: guilt’ end place himself neerer to copfession. These;"syulStom: mey ‘be ed by the interrogetor. as presuaptive nenifestation.of-guilt. 1. Pulevtion :of"the cerotia artery ~ ‘indicates the pezson is telling @ lie ifthe pulsetion show acceleration of the carotid artery iu the neck. : 2. Excessive dctivity of the: "Adam's. apple” there is crying: of the uouth end tarcet end accelerete tne uowerd end dowerd movement of the laryngesl box.The reaction is due to the reflex innibitio: of the selivery secretion, wien # person is not telling the truta. phie is not sign of conclusive guilt. 2+ Dryness of tae wouti - Due to the reflix inuivition of the selivery secretion, there is dryness of tae couth. ‘ae person atteupts repestealy to wet his lips. Tnis is observed in e majority of guilty persons. 4. Inebility to look et the iaverrogator "streignt in tae eye" = The person do not like to look at tke interroge- tor straight for fesr taet his guilt wey ov seen in his eyes. 3+ Swingiug one leg over the otder, Tapping the cneir, etc. - This is due co the disturdea condictiva of tae person. Phe "petalier feeling insice! - gar person is feelics unusuel es & result of uis guilty or teoubled couscieace. 7. Gweering to the truthfulness of his essertion - The person wents to ueke forceful his innoccace by seying "I sweer to God I em telling the truth even if te is guilty. 6. "wot thet 1 rewember" expression: The person will resort to the use of "not thet 1 rewender" expression when suswering Guestions to be’ evesive end to avoid saying something prejudiciel to tin. : DECLSTION DETECTION METHOD: 1. Use of the Lie petector or Kueler's Polygraphs: Why its use is not so relirole or there ere disedventeges, becwuse it is éffected by soue factors suca as its physiclogiceL abnoranlities newely: i 1. Dxcessively high or excessively low pressure i 2. Diseeses of the heart i- 3. kespiretory disoraers 4. bpperent ability to consciously control responses by - meens of certein uentel sets or ettitudes | 2. Aduwinistretion of "Truth serum" uyoseine-hydrobromide is given hypodernicelly in repested doses until e state of deliriuu is induced. question: why is the steteaent teen frome person uncnr tat influence of the "truth serum" not sdmissiblez | | }3. Intoxication; lic beve influence investig cnestion tnswer: 4. Vora. Gueetion bnewer: 5S. hare: Bh: tion of inverrog: this uetaod is done by ellowing tae person to texe cicono~ reges to intoxicrtioa point. acu the «rece is uncer tin © of elcohol, tae power of coutrol if diuiuiexea aa cue etor begins to propcurd questions. + Is the stetemnt tekea by intoxicetion scwissidle ia court? Yes, it is sdnissidle, provided tue perscu is yhysi- celly able to recoliect the fects cue stete thou traly efter the influence of the ¢lconol bes cisroyeare But in uost insteness, the person cacnos recell his utterances or usuelly refuses to cowit the cruta of the statezent given by hin. muthvoie tion Test: shod ir cow vy using + list of sctiuclus words ia stica to tae derson, wuo aes been instructed to respond #8 possible. & 3 Is the steteucat texen by this uethod "word essociatica test" eduiseidle? ke the use of the lie detector, tae persda does use s intellect snd ettention sad otaer sentel Leculties enswering Guestion. . Therefore, it is considered that tae test is violetive of tae right of e yersoa not to be & witness egeinst ninself. omeralysis or Necco-syntiesis: is method of deceptioa detectioa utilizes the eadministra— enestaesie or hypnotics end psychiatry in criminel ation. Drugs used comuonly-are Scopoleuine, sodium fmytel and sodium Penthothel end "psychiatric". Question ANSWER: ; Is this nethod steted ebove aduissible in court? It is not ednissible in eourt becsuse it is an involun- tery act. + liypnotiem: Phe gersou.“is mede to be uncer the influence of hypnosis by a qualified hypnotist. Guestiou: Is this method hypnotisu admissiple enc relieble? Answer; Like the truth serum, authorities doubt its velue beceuse the petson's enswer are under the control end suggestion cg the hypnotist. :10 CONFESSICN : It is en expressed-scimowledgeuent dy the eccused person in eriwinel case of tae truth of ais guilt es to the crine cherge, or of some essentiels thereor. inds of © mafession: Extre-judiciel Confession - confession mede outside of the court prior to the triel of the cese. An extre—judiciel confession made by en sccused, sie1l not be © sufficient ground for conviction, unless corroboated by the evidence of corpus delicti. Corpus delecti - meens body of the crime or fact of speci- fic léss or injury susteized. Whew ene. the two minds of Dxtrs-Judiciel coatessioa? 1. Voluntery extra-juciciel confession - meons the con- fessioa is voluntery when tue eccussd speexs of his will eng accord, without inducement of any