GENERAL SCOPE Of SPECIAL CRIME AND LEGAL MEDICINE Flashcards
It is the collection of facts in order to accomplish the three-fold aims – to identify the guilty party; to locate
the guilty party; and to provide evidence of his (suspect) guilt
CRIMINAL INVESTIGATION
This refers to the investigation of cases that are unique and often require the application of Legal Medicine and requires special training to fully understand their broad significance. The emphasis is on physical evidence rather than an extra judicial confession.
SPECIAL CRIME INVESTIGATION
This refers to the branch of medicine which deals with the application of medical knowledge to the purposes of law and in the administration of justice. It is also a part of medical science which is employed by the legal authorities for the solution of legal problems. Any physician who testifies in court in his personal capacity can be considered a practitioner of legal medicine
LEGAL MEDICINE
A physician who specializes or is involved primarily with medicolegal duties is known as ______________.
Inasmuch as administration of justice is primarily a function of the state, physicians whose duties are mainly medico-legal in nature are mostly in the service of the government
MEDICAL JURIST
A rule of conduct, just, obligatory, laid by legitimate power for common observance and benefit.
LAW
FORMS OF LAW
a. WRITTEN or STATUTORY LAW (Lex Scripta )
b. UNWRITTEN or COMMON LAW ( Lex non Scripta)
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.
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.
The principle is one of policy, grounded on the theory that security and certainty require that accepted and established legal principles, under which right may accrue, be recognized and followed, though later found to be not legally sound, but whether previous holding of court shall be adhered to, modified or overruled is within the court’s discretion under the circumstance of the case before it
PRINCIPLE STARE DECISES
means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth respecting a matter of fact. If the means employed to prove a fact is medical in nature, then it becomes a medical evidence
EVIDENCE
What are the types of Medical Evidence
- Autoptic Evidence
- Testimonial Evidence
- Experimental Evidence
- Documentary Evidence
This 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
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 witness
stand, he is obliged to answer questions propounded by counsel and presiding officer of the court. His testimony must be given orally and under oath or affirmation.
TESTIMONIAL EVIDENCE
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 .
It must be stressed further that Dying Declaration is the exception to the hearsay rule and physicians are frequent
recipients of dying declaration in the medical clinics and emergency rooms of hospitals.
HEARSAY EVIDENCE / SECONDARY EVIDENCE
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
Written evidence presented to the court by the expert witness about the subject matter in dispute
DOCUMENTARY EVIDENCE
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.
DOCUMENT
What are the examples of Medical Documentary Evidence?
a. Medical Certification or Report on
b. Medical Expert Opinion
c. Deposition
Under of Medical Certification or Report on are ;
• Medical Examination Report
• Physical Examination Report
• Necropsy/ Autopsy Report
• Laboratory Report
• Exhumation Report
• Birth Certificate
• 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 the subject, and reduced to writing and duly authenticated, and intended to be used in preparation and upon the trial of a civil action or criminal prosecution
DEPOSITION
crimes such as but not limited to theft, physical injuries, malicious mischief, etc.- matters that are usually covered during basic police training and are thus considered within the capability of each policeman to solve.
COMMON/ Common Crimes
complexity of nature of the offense that requires the application of Legal Medicine and requires additional qualifications and highly specialized training, such as but not limited to homicide, murder, rape, robbery, arson, etc.
SPECIAL/ Special Crimes
A joint responsibility of every police officers, whether assigned on desk, patrol, or investigation.
INVESTIGATING CRIMES
