All Chapters 🍻 Flashcards
Collection of facts in order to obtain the three-fold aims
Criminal investigation
What are the three-fold aims
To identify the guilty party
To locate the guilty party
To provide evidence of his guilt
Unique and often require the application of Legal Medicine and requires special training to fully understand their broad significance
Special crime investigation
Branch of medicine which deals with the application of medical knowledge to the purposes of law
Legal Medicine
Primarily the application of medicine to legal cases
Legal medicine
Application of medical science to elucidate legal problems
Forensic medicine
Physician who specializes or involve primarily with medico legal duties
Medical Jurist
Other term for medical jurist
Medicolegal officer
Medicolegal expert
Medical examiner
Rule of conduct, just, obligatory, laid by legitimate power for common observance and benefit
Law
Forms of law
Written/Statutory Law (Lex Scripta)
Unwritten/Common Law (Lex non Scripta)
Composed of laws which are produced by the country’s legislations
Written/Statutory Law (Lex Scripta)
Based on immemorial custom and usages
Unwritten/Common Law (Lex non Scripta)
Denotes anything belonging to the court
Forensic
Science is art dealing with prevention, cure, and alleviation of diseases
Medicine
Pertains to law, arising out of, by virtue of or included in Law
Legal
Science giving wise interpretation of the law and making just application of the to all cases as they arise
Jurisprudence
Knowledge of law in relation to the practice of medicine
Medical Jurisprudence
Principle of Stare Decises
To stand by the things decided
Means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact
Evidence
Employed to prove a fact is medical in nature
Medical evidence
Types of medical evidence
Autoptic evidence
Testimonial evidence
Experimental evidence
Documentary evidence
Physician may be commanded to appear before a court to give his testimony
Testimonial evidence
Not proceeding from the personal knowledge of the witness
Hearsay Evidence ( second hand evidence )
Exception to hearsay rule
Dying declaration
Physician who testifies in court matters perceived from his patient in the course of physician-patient relation
Ordinary witness
Physician in account of his training and experience can give his opinion on a set of medical facts
Expert witness
Medical witness may be allowed by the court to confirm his allegation or as a corroborated proof an opinion he previously stated in full view of the court
Experimental evidence
This means that the conduct of experiment should be with the presence of the Judge
In full view of the court
Written evidence presented to the court by expert witness about the subject matter in dispute
Recorded by means of letters, figures, or mark
Documentary evidence
Examples of Medical Documentary Evidence
Medical Certificate or report
Medical Expert Opinion
Deposition
Medical Certification or report on:
Medical examination report
Physical examination report
Necropsy/Autopsy report
Laboratory report
Exhumation report
Birth certificate
Death certificate
Testimony of a physician on account of his training and expertise can give his own opinion on set of medical facts
Medical expert opinion
Testimony of a witness taken upon oral question or written interrogation
Deposition
Recognition of individual determine by characteristics which distinguish thay individual from all others
Identification
Rules in personal identification
Law of multiplicity of evidence
The value of different points of identification varies on formulation of conclusion
Methods of identification
By comparison
By exclusion
Recovered during investigation are compared with records available in the file
By comparison
Process of elimination
By exclusion
Points of identification applicable to living persons only
Characteristics that may be easily changed
Characteristics that may not be easily changed
Characteristics that may be easily changed
Growth of hair, beard and mustache
Clothing
Frequent place of visit
Grade of profession
Body ornamentions
Characteristics that may not be easily changed
Mental memory
Speech
Gait
Mannerism
Forms of gait
Ataxic gait
Cerebellar gait
Cows gait
Paretic gait
Spastic gait
Festinating gait
Frog gait
Waddling gait
Gait pattern
Direction line
Gait line
Foot line
Foot angle
Principal angle
Length of step
Breadth of step
Scientific method of identification
Fingerprinting
Dental identification
Identification of skeleton
Identification of blood and blood stained
Considered to be the most valuable method of identification
Fingerprinting
Fingerprinting is universally used because:
There are no two identical fingerprints
Fingerprints are not changeable