Part 1 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 (PNP Investigation Manual, 2011).
CRIMINAL INVESTIGATION?
criminal investigation process resembled a battle between the police and perpetuator over
crime related information and in committing crime the offender emits signal or leads behind information of various source
like fingerprints, eye witness description, murder weapon, which the police attempt to collect through investigative
activity.
Information theory
there is a systematic method of inquiry that preliminary apply scientific knowledge,
principles and methodologies in order to discover, identify, collect and process facts and evidence to promote justice.
CRIMINAL INVESTIGATION AS A SCIENCE.
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
rule of conduct, just, obligatory, laid by legitimate power for common observance and benefit.
Law
- It must be rule of conducts – it must be regulate our action or behaviour.
- It is dictated by legitimate power – it must be laid by legitimate power of the law making bodies
- It must be compulsory and obligatory
Law
Other technical Definition
- Law
- Forensic
- Medicine
- Legal
- Jurisprudence
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.
Are produced, defined, codified by the law-making body which here in the Phlippine our law-making body is the
legislative branch.
Example. Philippine Laws
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.
We are referring to a common law, jurisprudence or customary law that based in emomorial customs and usage
This is not applicable in our country.
Example: Laws of England
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.
- all relating to the application of scientific test or methods and techniques to the investigation or detection of
crime we call them forensic
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 can also applied as a science and as an art of diagnosing, treating, curing, and preventing desaeas and also
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.
- it is the anything that is permitted by law we considered it as legal or you allowed to do it or you have to do it
by law
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.
- is a science of giving a wise interpretations of law for the purpose of applications to all cases.
- having a knowledge with law
Jurisprudence
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 (Solis, 1987). 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.(Lagonera,2010).
LEGAL MEDICINE
A physician who specializes or is involved primarily with medicolegal duties is known as ______.
As much as stations of justice is primarily a function of the state physicians whose duties are mainly medico legal
in nature’s are mostly in the service of the government.
- Medical examiner, medico legal officer and medico legal expert.
MEDICAL JURIST
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.
We are applying law in the practice of the professions or the practice of medicine by the medical practitioner.
We are applying of knowledge of law especially when it is concerned with the rights, duties, and rights of medical
practitioner and most of the time are referring to the relationship of doctor and patient
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.
Stare dicises is a legal doctrine that obligates courts to follow historical cases when making a ruling on a similar
case to ensure that cases with similar scenario and facts are approached in the same way.
Principle of Stare Dicises
If the evidence in accordance to medical in natural that is categorize as
medical evidence
the means, sanctioned by the Rules of Court, of ascertaining in a judicial proceeding the truth
respecting a matter of fact (Sec. 1, Rule 128, Rules of Court).
If the means employed to prove a fact is medical in nature, then it becomes a medical evidence
evidence
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.
Whenever an object has such a relation to the fact in issue as to afford reasonable ground of belief respecting the
latter, such object may be exhibited to or viewed by the court, or its existence, situation, condition, or character proved by
witnesses, as the court in its discretion may determine (Sec. 1, Rule 130, Rules of Court).
- Is an evidence which known or addressed to the senses of court and it is nor limited to that which is know
through the sense of visions, but it is extended to what sense of hearing, taste, smell, touch is perceived.
- It is also known as the real object and physical evidence
Autoptic 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.
Hearsay 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 (Sec. 36, Rule 130, Rules of Court).
Testimonial 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
EXAMPLES OF MEDICAL DOCUMENTARY EVIDENCE?
- Medical Certification or Report on:
- Medical Expert Opinion
- Deposition
i. Medical Examination Report
ii. Physical Examination Report
iii. Necropsy/autopsy Report
iv. Laboratory Report
v. Exhumation Report
vi. Birth Certificate
vii. Death Certificate
Medical Certification or Report on:
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 (Black Law Dictionary 6th Edition). Medico-Legal Aspects of Identification
Deposition
