Chapter 4 Medico Legal Investigation Of Death To Sex Crimes Flashcards
It is the conduct of processes, more particularly, the recognition, handling, preservation and
documentation of physical evidence to include the identification and interview of witnesses and the arrest of
suspect/s at the crime scene, the manner the criminal act was executed, and such other things that may be useful
in the prosecution of the case
CRIME SCENE INVESTIGATION
The area is blocked out in the form of a rectangle. The searcher proceeds slowly at the same
pace along the path parallel to one side of the rectangle.
Strip Method
This search is a modification of the strip search method. The searchers will
traverse first parallel to the base and then parallel to the side.
Double Strip or Grid Method
The searchers follow each other in the path in the spiral manner beginning from the center
towards the outside or vice versa.
Spiral Method
The searchers gather at the center and proceed outwards along radii or spoke
Wheel/ Ray Method
Whole area is divided into subdivisions or quadrants and search is made in the individual
quadrants.
Zone Method
is a comprehensive study of a dead body, performed by a trained physician employing
recognized dissection procedure and techniques. It includes removal of tissues for further examination.
Autopsy
refers to an external examination of a
dead body without incision being made,
although blood and other body fluids may
be collected for examination.
Post-mortem Examination
It indicates that in addition to an external
examination the body is open and internal
examination is conducted.
Autopsy
Kinds of Autopsy
a. Hospital or Non-official Autopsy
b. Medico-legal or Official Autopsy
When shall an Autopsy be Performed on a Dead Body
a. Whenever required by special laws;
b. Upon order of a competent court, a mayor and a provincial or city fiscal;
c. Upon written request of police authorities;
d. Whenever the Solicitor General, Provincial or city fiscal as authorized by existing laws, shall deem it necessary
to disinter and take possession of the remains for examination to determine the cause of death; and
e. Whenever the nearest kin shall request in writing the authorities concerned in order to ascertain the cause of
death.
Persons who are Authorized to Perform Autopsies and Dissections
a. Health Officers;
b. Medical officers of law enforcement agencies; and
c. Members of the medical staff of accredited hospitals.
An autopsy wherein no cause of death is found on account of imprudence, negligence, lack of skill or
lack of foresight of the examiner
“Negligent Autopsy”
A qualitative and quantitative determination of toxic materials
or its metabolites must be shown. Sometimes difficulty is encountered by the forensic chemist because of the
lapse of time and rapid elimination of the drug.
Lack of toxicological or other laboratory aids
Condition of the organs, presence of air in pneumothorax or
bubbles of air in the circulatory system may remain unnoticed by the pathologist.
Inadequate or improper internal examinations
The examiner must have had vast experience in autopsy investigation and must
have the capacity to distinguish pathological changes in the body tissues. (Handbook of Forensic Pathology by
Abdullah Fatteh, pp. 254255).
Pathologist incompetence
This applies to cases when trauma or disease kill quickly that there is no opportunity for sequelae or
complications to develop. An extensive brain laceration as a result of a vehicular accident is an example of
immediate cause of death.
Immediate (Primary) Cause of Death
The injury or disease was survived for a sufficiently prolonged interval which permitted the development
of serious sequelae which actually caused the death. If a stab wound in the abdomen later caused generalized
peritonitis, then peritonitis is the proximate cause of death.
The Proximate (Secondary) Cause of Death
This is death caused by a natural disease condition in the body. The disease may develop spontaneously,
or it might have been a consequence of physical injury inflicted prior to its development. If a natural disease
developed without the intervention of the felonious acts of another person, no one can be held responsible for the
death.
Natural Death
those due to injuries inflicted in the body by some forms of outside force. The physical
injury must be the proximate cause of death. The death of the victim is presumed to be natural consequence of
the physical injuries inflicted, when the following facts are established:
Violent Death
Death due to misadventure or accident. An accident is something that happens outside the sway of our
will, and although it comes about through some act of will, lies beyond bounds of human foreseeable
consequences.
Accidental Death
Death due to reckless imprudence, negligence, lack of skill or lack of foresight.
Negligent Death
Suicide is the act of intentionally causing one’s own death.
Suicidal Death
any person who shall assist another to commit suicide shall suffer the penalty of prision mayor; if such
person lends his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of
reclusion temporal. However, if the suicide is not consummated the penalty of arresto mayor in its medium and
maximum periods shall be imposed.
Giving assistance to suicide (Under Art. 253 of Revised Penal Code)
Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his
ascendants or descendants, or his spouse, shall be guilty of parricide.
Parricidal Death
killing of a child less than 3 days old.
Infanticide
Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of
murder and shall be punished by reclusion temporal in its maximum period to death, if committed with any of the
following attendant circumstances:
Murder (Art. 248, Revised Penal Code)
Any person who, not falling within the provisions of article 246 shall kill another without the attendance
of any of the circumstances enumerated in the provision of Art. 248 or Revised Penal Code (Murder), shall be
deemed guilty of homicide and be punished by reclusion temporal.
Homicidal Death
Elements of Homicide
(a) That a person was killed
(b) That the accused killed him without any justifying circumstances.
(c) There is the intention on the part of the offender to kill the victim and such presumption can be inferred from
the death of the victim
(d) That the killing does not fall under the definition of the crime of murder, parricide or infanticide.
When while several persons, not composing groups organized for the common purpose of
assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and
tumultuous manner, and in the course of affray someone is killed, and it cannot be ascertained who actually
killed the deceased, but the person or persons who inflicted serious physical injuries can be identified,
such person or persons shall be punished by prision mayo
Death Caused in a Tumultuous Affray (Art. 251, Revised Penal Code)
Any legally married person who, having surprised his spouse in the act of committing sexual
intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter,
or shall inflict upon them any serious physical injury, shall suffer the penalty of destierro.
These rules shall be applicable, under the same circumstances, to parents with respect to their
daughters under eighteen years of age, and their seducers, while the daughters are living with their parents.
Death or Physical Injuries Inflicted under Exceptional Circumstances (Art. 247, Revised Penal
Code)
Modern methods in the execution of death sentences have abandoned inhuman, cruel and barbarous
means
Judicial Death
Methods of Judicial Death
- Death by Electrocution
- Death by Hanging
- Death by Musketry
- Death by Gas Chamber
A person is made to sit on a chair made of electrical conducting materials with straps of electrodes on both
wrists, ankles, and head. An alternating current voltage of more than 1,500 volts is put on until the convict dies.
Death by Electrocution
The convict is made to stand in an elevated collapsible flatform with a black hood on the head, a noose
made of rope around the neck and the other end of which is fixed in an elevated structure above the head. Without
the knowledge of the convict, the flatform suddenly collapses which causes the sudden suspension of the body
and tightening of the noose around the neck. Death may be due to asphyxia or injury of the cervical portion of the
spinal cord.
Death by Hanging
The convict is made to stand in an elevated collapsible flatform with a black hood on the head, a noose
made of rope around the neck and the other end of which is fixed in an elevated structure above the head. Without
the knowledge of the convict, the flatform suddenly collapses which causes the sudden suspension of the body
and tightening of the noose around the neck. Death may be due to asphyxia or injury of the cervical portion of the
spinal cord.
Death by Musketry
The convict is enclosed in a compartment and an obnoxious or asphyxiating gas is introduced. The most
common gas used is carbon monoxide. The convict will not be removed from the gas chamber unless he is
pronounced dead by the penitentiary physician
Death by Gas Chamber
is the deliberate and painless acceleration of death of a person usually
suffering from an incurable and distressing disease.
Euthanasia
Other term for Euthanasia
“mercy killing”
Types of Euthanasia
Active Euthanasia —
Passive Euthanasia
Intentional or deliberate application of the means to shorten the life of a person. It may
be done with or without the consent or knowledge of the person. Active euthanasia on demand is the putting to
death of a person in compliance with the wishes of the person (patient) to shorten his sufferings.
Active Euthanasia
There is absence of the application of the means to accelerate death but the natural
course of the disease is allowed to have its way to extinguish the life of a person. Consequently, the concept of
orthothanasia and dysthanasia was adopted
Passive Euthanasia
When an incurably ill person is allowed to die a natural death without the application of any
operation or treatment procedure.
Orthothanasia
When there is an attempt to extend the life span of a person by the use of extraordinary
treatments without which the patient would have died earlier.
Dysthanasia
is the deprivation of a regular and constant supply of food and water
Death from Starvation
Types of Starvation:
Acute starvation
Chronic starvation
happens when the necessary food has been suddenly and completely withheld from a person.
Acute starvation
happens when there is a gradual or deficient supply of food.
Chronic starvation
the impairment of the body structure or function caused by the outside force. It is the effect
of some form of stimulus to the body
injury
is a break or the dissolution in the continuity of the skin or tissues of the living body.
Wound
Classification of wounds
1.As to severity:
2.As to the Kind of Instrument Used
3. As regards to the Depth of the Wound
4.As regards to the Relation of the Site of the Application of Force and the Location of Injury
5.
Wound which when inflicted is capable of causing death immediately after infliction or shortly thereafter.
Mortal/Fatal Wound
Wound when inflicted will not endangers one’s life.
Non-Mortal/Non-Fatal Wound
an injury in the substance of the skin, discoloration of the surface due to extravasation of
blood.
Contusion Wound
This is due to the application of a blunt instrument.
Contusion Wound
this is the extravasation of blood in the newly formed cavity. This is due to the application
of a blunt instrument.
Hematoma Wound
tearing of the skin due to forcible contact of blunt instrument.
Lacerated wound
wound produced on the body by sharp edge instrument.
Incised wound