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)
