LEGAL MED Flashcards
This is the investigation of cases that are unique and often require special training to fully understand their broad significance. Homicide, robbery, rape & sexual offenses, kidnapping. carnapping, bomb threat & explosion, illegal-recruitment, and terrorist activities are examples of cases that call for special crime investigation.
SPECIAL CRIME INVESTIGATION
A physician who specializes or is involved primarily with medico- legal duties. To be involved in medico- legal duties. a physician must possess sufficient knowledge of pathology, surgery, gynecology, toxicology and such other branches of medicine germane to the issues involved.
Medical Jurist/ Medical Examiner/ Medico- Legal Officer/ Medico- Legal Expert
Point of view of treatment
The purpose is to arrive at a definite diagnosis so that appropriate treatment can be instituted.
ORDINARY PHYSICIAN
Point of view of cause
The purpose is to include bodily lesions in his reports and testify before the court or before an investigative body, thus giving justice to whom it is due.
Must record all bodily injuries even if they are small or minor, because these injuries may be proofs to qualify the crime or to justify the act.
MEDICAL JURISTS
Point of view of cause
The purpose is to include bodily lesions in his reports and testify before the court or before an investigative body, thus giving justice to whom it is due.
Must record all bodily injuries even if they are small or minor, because these injuries may be proofs to qualify the crime or to justify the act.
MEDICAL JURISTS
The Earliest Recorded- Legal Expert
Imhotep (2980 B. C)-
the oldest code law (2200 B.C) included legislation on adultery, rape, divorce. incest. abortion and violence
Code of Hammurabi-
discussed the lethality of wounds.
Hippocrates
fixed animation of fetus at the 40* day after conception.
Aristotle
gave information on poison including aconite, arsenic and opuim.
The Chinese Materia Medica
That bodies of all women dying during confinement should immediately be open in order to save the child’s life was promulgated.
Numa Pompilius in Rome
the first police surgeon or forensic Pathologist.
Antistius
he mentioned that a physician is not an ordinary witness and that a physician gives judgment rather than testimony. This led to the recognition of expert witness in court.
Justinian (483- 565 B. C)
first text book in Legal medicine which was promulgated in 1532 during the reign of Emperor Charles V in Germany.
Constituto Criminalis Carolina
issued an edict providing for the appointment of doctors to the courts for the determination of the nature of wounds.
Pope Innocent III (1209)
in 1234 caused the preparation of Nova Compilatio Decretalium. Concerned medical evidence. marriage, nullity, impotence, delivery, caesarian section, legitimacy, sexual offenses, crime against persons and witchcraft.
Pope Gregory IX
In China, this book was published. It is a five volume book dealing with inquest, criminal, abortion, infanticide, signs of death. assault, suicide, hanging, strangling, drowning. burning. poisoning and antidotes, and examination of the dead.
Hsi Yuan Lu (Instructions to Coroner)
expressed the need of experts in the ecclesiastical courts in the diagnosis of leprosy and medico- legal documents.
Pope John XXII
considered legal medicine as a separate discipline and he discussed in his book, abortion, infanticide, death by lightning. hanging, drowning, feign diseases, distinction between ante-mortem and postmortem wound and poisoning by carbon monoxide and by corrosives.
Ambroise Pare
a papal physician, regarded as the “Father of Forensic Medicine”. He published Questiones Medico- Legales which dealt with the aspects of wounds and the first two chapter dealt with the detection of secret homicide.
Paulus Zacchias
published in Paris a work on virginity and defloration. He confirmed the existence of the hymen and that it may not rupture during sexual intercourse.
Severin Pineau
introduced chemical methods in Toxicology. Considered as the Founder of Modern Toxicology
Matthieu Orfila (Traite’ des Poison)-
An evidence made known or addressed to the senses of the court
Autoptic or Real Evidence
A physician may be commanded to appear before a court to give his testimony.
Testimonial Evidence
A physician who testifies in court on matters he perceived from his patient in the course of physician- patient relationship is considered as an ordinary witness.
Ordinary Witness
A physician on account of his training and experience can give his opinion on a set of medical facts. He can deduce or infer something, determine the cause of death, or render opinion pertinent to the issue and medical in nature.
Expert Witness
A medical witness may be allowed by the court to confirm his allegation or as a corroborated proof to the opinion he previously stated.
Experimental Evidence
A document 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.
Documentary Evidence
These are articles and materials which are found in connection with the investigation and which aid in establishing the identity of the perpetrator or the circumstances under which the crime was committed, or in general assist in the prosecution of a criminal.
Physical Evidence
Objects or substances which may be a part of the body of the crime.
Corpus Delicti
These are physical evidences which link a suspect to the crime
Associative Evidence
These are physical evidences which may assist the investigator in locating the suspect.
Tracing Evidence
, audio and/ or video tape, micro- film, photostat, xerox, voice tracing
Photographs
If no scientific apparatus to preserve evidence is available then a rough drawing of the scene or object to be preserve is done. It must be simple. identifying significant items and with exact measurement.
Sketching-
Description- This is putting into words the person or thing to be preserved.
Description
In a miniature model of a scene or of a human body indicating marks of the various aspects of the things to be preserved.
Manikin Method-