deck_14156085 Flashcards
It is the collection of facts in order to accomplish the three-fold aims
Criminal Investigation
What are the three-folds aim?
to identify the guilty party; to locate the guilty party; and to provide evidence of his guilt
This refers to the investigation of cases that are unique and often require the application of Legal Medicineand requires special training to fully understand their broad significance. The emphasis is on physical evidencerather than an extra judicial confession.
Special Crime Investigation
This refers to the branch of medicine which deals with the application of medical knowledge to thepurposes of law and in the administration of justice. It is also a part of medical science which isemployed by the legal authorities for the solution of legal problems. Any physician who testifies in court in hispersonal capacity can be considered a practitioner of legal medicine
Legal Medicine
A physician who specializes or is involved primarily with medicolegal duties
Medical Jurist
An ___ sees an injury or disease on the point of view of treatment.
Ordinary Physician
sees injury or disease on the point of view of cause.
Medical Jurist
is a rule of conduct, just, obligatory, laid by legitimate power for common observance and benefit.
Law
It is composed of laws which are produced by the country’s legislations and which are defined, codified, and incorporated by the law-making body.
Written or Statutory Law (Lex Scripta)
It is composed of unwritten laws based on immemorial customs and usages. Sometimes referred to as case law, common law, jurisprudence, or customary law.
Unwritten or Common Law (Lex non Scripta)
It denotes anything belonging to the court of law or used in court or legal proceedings or something fitted for legal or public argumentations.
Forensic
It is a science and art dealing with prevention, cure, and alleviation of disease. It is that part of science and art of restoring and preserving health. It is the science and art of diagnosing, treating, curing, and preventing disease, relieving pain, and improving the health of a person.
Medicine
It pertains to law, arising out of, by virtue of or included in law. Refers to anything conformable to the letters or rules of law as it is administered by the court.
Legal
is a science of giving a wise interpretation of the law and making just application of them to all cases as they arise. Judicial decisions applying or interpreting the laws shall form a part of the Philippine ___
Jurisprudence
It is the knowledge of law in relation to the practice of medicine. It concerns with the study of the rights, duties and obligations of medical practitioner with particular reference to those arising from doctor - patient relationship.
Medical Jurisprudence
A principle that, when the court has once laid down a principle of law or interpretation as applied to a certain state of facts, it will adhere to and apply to all future cases where the facts are substantially the same.
Principle of Stare Decises
is the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact
Evidence
If the means employed to prove a fact is medical in nature, then it becomes a ___
Medical Evidence
is an evidence made known or addressed to the senses of the court. It is not limited to that which is known through the sense of vision but is extended to what the sense of hearing, taste, smell and touch is perceived.
Autoptic Evidence also known as Real, Object or Physical Evidence
A physician may be commanded to appear before a court to give his testimony. While in the witnessstand, he is obliged to answer questions propounded by counsel and presiding officer of the court. Histestimony must be given orally and under oath or affirmation.
Testimonial Evidence
are those not proceeding from the personal knowledge of the witness but from mere repetition of what he has heard to others. It is a, “second hand” evidence which rest mainly on the veracity and competence of its source
Hearsay evidence
A physician on account of his training andexperience can give his opinion on a set ofmedical facts. He can deduce or infer something, determine the cause of death, or render opinion pertinent to the issue andmedical nature.
Expert Witness
A physician who testifies in court on matters perceived from his patient in the course of physician-patient relationship
Ordinary Witness
A medical witness may be allowed by the court to confirm his allegation or as a corroborated proof to an opinion he previously stated in full view of the court.
Experimental Evidence
“In full view of the court” not necessary mean that the experimentation must be conducted in court,this means that the conduct of experiment should be with the presence of the ___
Judge
is an instrument on which is recorded by means of letters, figures, or marks intended to be used for the purpose of recording that matter which may be evidentially used. The term applies to writings, to words printed, lithographed or photographed; to seals, plates or stones on which inscriptions are cut or engraved;to photographs and pictures; to maps or plans
Document
Written evidence presented to the court by the expert witness about the subject matter in dispute.
Documentary Evidence
What are the examples of Medical Documentary Evidence?
i. Medical Examination Reportii. Physical Examination Reportiii. Necropsy/ autopsy Reportiv. Laboratory Reportv. Exhumation Reportvi. Birth Certificatevii. Death Certificate
this refers to the testimony of a physician on account of his training and expertise can give his own opinion on a set of medical facts.
Medical Expert Opinion
the testimony of a witness taken upon oral question or written interrogatories, not in open court,but in pursuance of a commission to take testimony issued by a court, or under a general law or court rule on thesubject, and reduced to writing and duly authenticated, and intended to be used in preparation and upon the trialof a civil action or criminal prosecution
Deposition
is the recognition of an individuals determine, by characteristics which distinguish that individual from all others.
Identification
Importance of Identification of Person
- To establish the identity of the offender and that of the victim in the prosecution of the criminal offenseotherwise it will be a ground for the dismissal of the charge or acquittal of the accused.2. To identify a person missing or presumed dead in order to facilitate the settlement of the estate, retirement,insurance, and other social benefits. It vests on the heirs the right over the properties of the identifiedperson.
Rules in Personal 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 different points of identification varies in the formulation of conclusion. It is known as the Law of Multiplicity of Evidence in Identification.
Methods of Identification
By comparisonBy exclusion
Identification criteria recovered during investigation are compared with records available in the file, or postmortem finding are compared with ante-mortem records.
by comparison
Characteristics which may easily be changed
Growth of hair, beard or mustacheClothingFrequent place of visitGrade of professionBody ornamentations
If two or more persons have identified and all but one is not yet identified, then the one whose identity has not been established may be known by the process of elimination.
by exclusion
Characteristics that may not easily be changed
Mental memorySpeechGait
This may easily be shaved or grown within a short time. Arrangement may be changed artificial hair may be worn or ornamentation may be placed to change its natural condition.
Growth of hair, beard or mustache
A person may have special preference for certain form, texture, or style.
Clothing