Chapter 3: Medico-Legal Aspects of Identification Flashcards
What is identification?
Identification is the determination of the individuality or a person or thing.
What is the importance of identification?
- In the prosecution of the criminal offense, the identity of the offender and that of the victim must be established
- The identification of a person missing or presumed dead will facilitate settlement of the estate, retirement, insurance and other social benefits.
- Identification resolves the anxiety of the next-of-kin, other relatives and friends
- Identification may be needed in some transactions, like cashing of check, entering a premise, delivery of parcels or registered mail in post office, sale of property, release of dead bodies to relatives, parties to a contract, etc
- Age determination in criminal liability
- Disputed sex
- Interchange of newborn babies in hospitals
What are the rules in personal identification?
- The Multiplicity of Evidence in Identification. The greater the number of points of similarities and dissimilarities of two persons compared, the greater is the probability for the conclusion to be correct.
- The value of the different points of identification varies in the formulation of conclusion.
- The longer the interval between the death and the examination of the remains for purposes of identification, the greater is the need for experts in establishing identity.
- Act in the shortest possible time specially in cases of mass disaster.
- No rigid rule to be observed in the procedure of identi- fication of persons.
What are the methods of identification?
- Ordinary Methods
- Scientific Methods
What consist ordinary methods of identification?
In the ordinary method, points of identification include those that may or may not easily be changed in case of living persons, and those applicable to both living and dead before the onset of decomposition.
What are the points of identification that may easily be changed in case of living persons?
Points of identification that may easily be changed in case of living persons
* Growth of hair, mustach or beard
* Clothing
* Frequent places of visits
* Grade of profession
* Body ornamentations
What are the points of identification that may not easily be changed in case of living persons?
Points of identification that may not easily be changed in case of living persons
* Mental memory
* Speech
* Gait
* Mannerisms
* Hands and Feet (sizes)
* Facial expression
* Left or Right-handedness
* Degree of Nutrition
What are the points of identification applicable to both living and dead before the onset of decomposition?
Applicable to both living and dead before the onset of decomposition
* Occupational marks
* Race
* Stature
* Tattoo marks
* Weight
* Deformities
* Birth marks
* Moles
* Scar
* Tribal Marks
* Sexual organ
* Blood examination
What is the term used to describe the manner of walking or foot sequences in humans and/or animals?
Gait
What are the types of gait?
- Ataxic gait — A gait in which the foot is raised high, thrown forward and brought down suddenly is seen in persons suffering from tabes dorsalis.
- Cow’s gait — A swaying movement due to knock-knee.
- Paretic gait — Gait in which the steps are short, the feet are dragged and the legs are held more or less widely apart.
- Spastic gait— A gait in which the legs are held together and move in a stiff manner and the toes dragged.
- Festinating gait— Involuntary movement in short accele- rating steps.
- Frog gait — A hopping gait resulting from infantile paralysis.
- Waddling gait — Exaggerated alternation of lateral trunk movement similar to the movement of the duck.
- Cerebellar gait — A gait associated with staggering movement is seen in cerebellar diseases.
What are the scientific methods of identification?
- Anthropometry
- Dactylography or Fingerprinting
- DNA
- Dental Identification or Forensic Odontology
- Lip Print
- Handwriting
- Identification of skeleton or Forensic Anthropology
- Determination of Sex
- Determination of Age
- Identification of Blood
- Identification of Hair and Fibers
What is Anthropometry?
Anthropometry refers to the measurement of the human individual as basis of identification.
Who devised the scheme of Anthropometry?
Alphonse Bertillon, a French criminologist
(1853 - 1914)
* The father of criminal identification or scientific detection
* Inventor of mug shot
What is the term used to describe the verbal, accurate and picturesque description of the person identified?
Portrait Parle
What are the extrinsic factors of identification?
Ornamentations
Personal belongings
Wearing apparel
Foreign bodies
Identification by close friends and relatives.
Identification records on file at the police department, immi- gration bureau, hospitals, etc.
Identification photograph.
What is the is the art and study of recording fingerprints as a means of identification?
Dactylography
True or False
Identical twins have the same DNA configuration but they do not have identical friction ridge configuration (fingerprints)
True
True or False
Fingerprinting is considered to be the most valuable method of identification
True
What are the reasons why fingerprints are universally used in identification?
- There are no two identical fingerprint. The chances of two fingerprints being the same are calculated to be 1 to 64,000,000,000 which is ten times the number of fingers existing in the world.
- Fingerprints are not changeable. The finger may be wounded or burned, but the whole pattern with all its details will reappear when the wound heals.
What are the advantages of dactylography?
Inexpensive
Perenniality (lasts for a long time)
Immutability (not changing over time)
Infinite variety (no two identical fingerprints)
Define dactyloscopy
Dactyloscopy is the art of identification by comparison of fingerprints. It is the study and utilization of fingerprints.
What is poroscopy?
(Locard’s method of identification)
Poroscopy is the study of the pores found on the pappillary or friction ridges of the skin for purposes of identification.
Examination of the ridges of the hands and fingers reveal to be
studded with minute pores which are the openings of ducts or sweat glands. These pores are permanent as the ridges are and differ in number and shape in a given area in each person. Poroscopy, as a means of identification, is applied when only a part of the finger- print is available for proper means of identification.
What are the practical uses of fingerprints?
Help establish identity in cases of dead bodies
Prints recovers from crime scene associate in person
Prints on file are useful for comparative purposes
Among illiterates, right thumbprint is recognized as a substitute for signature
Provide biometric security
Identify amnesia victims and unknown deceased
Conduct background check
To identify individual as habitual criminal
Who is the father of Poroscopy?
Edmond Locard
Who is the father of fingerprint?
Sir Francis Galton
Who is the father of modern fingerprint?
Sir Richard Edward Henry
Who was considered as the grandfather of dactyloscopy?
In 1686, Marcelo Malpighi was considered as the grandfather of dactyloscopy and was the one who began the studies of fingerprint identification.
Name the Father of Dactyloscopy
Johannes Evangelista Purkinje
What are kinds of prints?
- Exemplar or Known or Real Prints
- Plastic Prints
- Visible Prints
- Latent or Chance Prints
What are Exemplar or Known or Real Prints?
Impression of the finger bulbs with the use of printing ink on the surface of the paper. Other coloring materials may be used but they are less visible and indelible
What are the methods of producing real prints?
- **Plain method **— The bulbs of the last phalanges of the fingers and thumb are pressed on the surface of the paper after pressing them /on an ink pad or ink plate with printing ink.
- **Rolled method **— The bulbs of the thumb and other fingers are rolled on the surface of the paper after being rolled on an ink pad or ink plate with printing ink
What are plastic prints?
Impression made by chance by pressing the finger tips on melted paraffin, putty, resin, cellophane, plastic tape, butter, soap, etc.
What are chance or latent prints?
Fingerprints which are impressed by mere chance without any intention to produce it.
Latent print — Prints which are not visible after impression but made visible by the addition of some substances. Latent prints develop because the fingers are always covered with colorless residue of oil and perspiration which when pressed on smooth and non-absorbent material will cause the production of the prints.
What are visible prints?
Impression made by chance and is visible with- out previous treatment. Impression made by the fingers smeared with some colored substances, like black ink, vegetable juice, may be visible immediately after impression.
How to develop latent prints?
(1) Application of fine powder — The choice of substance to be used to make the latent prints visible depends upon the texture and color of the material where the suspicious prints are located. The color of the substances to be used must be in contrast with that material. The following substances are commonly used to make latent prints visible:
1. Graphite for spraying or black granular
2. Aluminum powder
3. Plaster of Paris
4. Copper powder for latent prints on leather
5. Metallic antimony
(2) Chemical development by fuming and immersion — Fuming by iodine or arsenic acid or immersion in a solution of silver nitrate may develop latent prints
* Super glue or cyanoacrylate
* Chemical Developer
* Atomic Force Microscope
(3) Alternate Light Source (ALS)
What is the chemical that turns latent prints purple?
Ninhydrin
Ninhydrin is an organic compound with the formula C₆H₄(CO)₂C(OH)₂. It is used to detect ammonia and amines. Upon reaction with these amines, ninhydrin gets converted into deep blue or purple derivatives, which are called Ruhemann’s purple.
How do you get fingerprint impressions on dead bodies?
- In cases of fresh dead bodies, the fingers are unclenched and each one is inked individually with the aid of a small rubber roller.
- If the so-called washerwoman’s skin is not too marked on the fingerprints of dead bodies recovered shortly from bodies of water (floaters), the fingers may be dried off with a towel and glycerin is injected with a syringe under the skin of the finger tips in order to smoothen the surface.
- If the “floater” has been in a body of water for a longer time and the friction ridges have disappeared, the skin of the fingertips is cut away. This area of skin from each finger is placed in a small labelled test tubes containing formaldehyde solution. If the papillary ridges are still preserved on the outer surface, the person taking the prints places a portion of the skin on his right index finger protected by a rubber glove and then takes the print after inking the finger tip.
What are the types of fingerprint patterns?
- Loops (65%): at least one ridge enters the leaves from the same side
- Whorls (25%): at least two deltas and a core
- Arches (7%): ridges enter on one side and exit on the other
- Composite (2% -3%)
What are the types of loops?
- **Ulnar loop ** — Recurves towards the ulnar side of the hand or little finger.
- **Radial loop ** — Recurves towards the radial side of the hand or thumb.
What are the types of whorls?
- Simple whorls — Consist of two deltas with a core consisting of circles, ellipses, or spiral turning to the right or left
- Central pocket loop- — It is like simple loop but in the core, one may find one ridge which forms a convex towards the opening of the loop.
- Lateral pocket loops — There are at least two loops opening at the same side
- Twin loop— There are at least two loops opening at the dif- ferent sides.
- Accidentals — There are no rules that can be made in this pattern. They are rare and often with more than two deltas
Can fingerprints be effaced?
No.
As long as the dermis of the bulbs of the finger is not completely destroyed, the fingerprints will always remain unchanged and indestructible.
Can fingerprints be forged?
No.
Various experiments were conducted by authorities and although they could almost make an accurate reproduction, still there is no case on record known or have been written that forgery of fingerprints has been a complete success.
How are patent prints collected?
By photography
Enumerate the steps in Fingerprints Analysis Process
- Analysis
- Comparison
- Evaluation
- Verification
What is the Henry Classification System
Henry’s classification system assigned a value to each individual finger.
* It gained worldwide acceptance in 1899
* Allows for up to 1,024 primary groupings
How are fingers classified under the Henry Classification System?
(1) Fingers on each hand are given an identifying number.
* Starting with the right thumb, fingers on the right hand are numbered from one to 5.
* On the left hand, starting from the thumb, they are numbered 6 to 10.
(2) Each finger is given a value only if it has a
whorl design. If the finger has an arch or loop, it is given a value of zero.
* Right thumb and right index are given the value of 16
* Right middle and right ring are given the value of 8
* Right pinky is given the value of 4
* Left thumb is given the value of 4
* Left index and right middle are given the value of 2
* Left ring and left pinky are given the value of 1**
How to compute the primary classification system (PCS) under the Henry Classification System?
PMS = [1+ (sum of the value of even fingers)] / [1 + (sum of the value of odd fingers)]
What is a minutiae?
Fingerprint minutiae are the minute characteristics of friction ridge skin that make the forensic use of fingerprint identification possible: even two people who have the same number of arches, loops, and whorls on their fingers will have different configurations of minutiae.
Provide examples of fingerprint minutiae
ridge ending
bifurcation
dot
island (short ridge)
lake (enclosure)
hook (spur)
bridge
double bifurcation
trifurcation
opposed bifurcations
ridge crossing
opposed bifurcation / ridge ending
When is a finger similar compared to a standard?
While there is no legal requirements in the US regarding the number of points that must match before deciding that a fingerprint belongs to a certain individual, criminal courts generally accept 8-12 points of similarity.
Under Philippine jurisprudence, 10 points of agreement is accepted.
Summary:
* US: 8-12 points
* PHL: 10 points
Are fingerprints admissible?
Yes.
It is now well settled that evidence as to the correspondence of finger prints is admissible for the purpose of proving identity.
(PP vs. Diokno, G.R. No. L-38434)
What animals have fingerprints like humans?
- Koala
- Chimpanzee