Medico-Legal Aspects of Identification Flashcards
is the recognition of an individual s 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 offense
otherwise it will be a ground for the dismissal of the charge or acquittal of the accused. - 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 identified
person.
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.
Take Note: It is known as the Law of Multiplicity of Evidence in Identification. - The value of the different points of identification varies in the formulation of conclusion.
Example: In a fresh cadaver, if the fingerprints on file are the same as those recovered from the crime scene, they
will positively establish the identity of the person while bodily marks, like moles, scars, complexion, shape of
nose, etc. are merely corroborative. Visual recognition by relative or friends may be of lesser value as compared
with fingerprints or dental comparison.
Methods of Identification
- By comparison
- By exclusion
Identification criteria recovered during investigation are compared with records available
in the file, or postmortem finding are compared with ante-mortem records.
Examples:
a. Latent fingerprints recovered from the crime scene are compared with the fingerprints on file of an investigating
agency.
b. Dental findings on the skeletal remains are compared with the dental record of the person in possession of the
dentist.
By comparison
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
Points of Identification Applicable to Living Persons Only
Characteristics which may easily be changed
Characteristics that may not easily be changed
Characteristics which may easily be changed
Growth of hair, beard or mustache
Clothing
Frequent place of visit
Grade of profession
Body ornamentations
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.
Example: Certain groups of people are required to have specific cut, color or design, as in uniforms, worn by
students, employees of commercial or industrial establishment, or groups of professionals.
Clothing
-A person may have a special desire or habit to be in a place if ever he has the
opportunity to do so.
Examples: “Sari-sari” stores, barber shops, coffee shops, beer gardens and recreation halls are common venues
of visit of certain class of people. A wanted criminal may suddenly prevent himself from going to the place he
used to visit for fear that he may be apprehende
Frequent place of visit
A medical student of the upper clinical year may be recognized by the stethoscope, a
graduate or student nurse by her cap, a mechanic by his tools, a clergyman by his robe, etc. A change of grade,
trade, vocation or profession may be resorted to as a means of concealing identity
Grade of profession
Earrings, necklaces, rings, pins, etc. ^-^usually worn by persons may be points to
identify a person from the rest.
Body ornamentations
Characteristics that may not easily be changed:
Mental memory
Speech
Gait
Mannerism
A recollection of time, place and events may be a clue in identification. Remembering
names, faces and subjects of common interest may be initiated during interview to see how knowledgeable
a person is
Mental memory
A person may stammer, stutter or lisp. However, if the manner of talking is due to some physical
defects, like harelip and cleft palate, that have been corrected by surgery, there may be a change
Speech
It refers to the manner of walking and it may show in some person on account of disease or some
inborn traits.
Gait
Stereotype movement or habit peculiar to an individual.
Mannerism
Forms of Gait
- Ataxic gait
- Cerebellar gait
- Cow’s gait
- Paretic gait
- Spastic gait
- Festinating gait
- Frog gait
- Waddling gait
A gait in which the foot is raised high, thrown forward and brought down suddenly is
seen in persons suffering from tabes dorsalis.
Take Note: Tabes dorsalis is a form of neurosyphilis, which is a complication of late stage syphilis infection.
Syphilis is a bacterial infection that is spread sexually. When syphilis is untreated, the bacteria damages the spinal
cord and peripheral nervous tissue. This leads to the symptoms of tabes dorsalis.
Ataxic gait
A gait associated with staggering movement is seen in cerebellar diseases
Cerebellar gait
A swaying movement due to knock-knee
Cow’s gait
Gait in which the steps are short, the feet are dragged, and the legs are held more or
less widely apart.
Paretic gait
A gait in which the legs are held together and move in a stiff manner and the toes
dragged.
Spastic gait
