PART 4 Flashcards

1
Q

Stages of Medico-Legal Investigation

A
  1. Crime Scene Investigation
  2. Autopsy
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2
Q

It is the conduct of processes, more particularly, the recognition, handling, preservation and
documentation of physical evidence to include the identification and interview of witnesses and the arrest of suspect/s at the crime scene, the manner the criminal act was executed, and such other things that may be useful
in the prosecution of the case.

A

CRIME SCENE INVESTIGATION

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3
Q

The place where the essential ingredients of the criminal act took place. It includes the setting of the crime and the adjoining places of entry and exit of both offender and victim.

A

CRIME SCENE

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4
Q

Methods of Conducting a Search

A
  1. Strip Method
  2. Double Strip or Grid Method
  3. Spiral Method
  4. Wheel/ Ray Method
  5. Zone Method
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5
Q

The area is blocked out in the form of a rectangle.

A

Strip Method

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6
Q

The searcher proceeds slowly at the same pace along the path parallel to one side of the rectangle.

A

Strip Method

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7
Q

This search is a modification of the strip search method

A

Double Strip or Grid Method

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8
Q

The searchers will traverse first parallel to the base and then parallel to the side.

A

Double Strip or Grid Method

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9
Q

The searchers follow each other in the path in the spiral manner beginning from the center
towards the outside or vice versa.

A

Spiral Method

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10
Q

The searchers gather at the center and proceed outwards along radii or spokes.

A

Wheel/ Ray Method

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11
Q

Whole area is divided into subdivisions or quadrants and search is made in the individual
quadrants.

A

Zone Method

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12
Q

Is a comprehensive study of a dead body, performed by a trained physician employing
recognized dissection procedure and techniques. It includes removal of tissues for further examination.

A

Autopsy

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13
Q

It indicates that in addition to an external examination the body is open and internal
examination is conducted.

A

Autopsy

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14
Q

It refers to an external examination of a dead body without incision being made, although blood and other body fluids may be collected for examination

A

Post-mortem Examination

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15
Q

Kinds of Autopsy

A

a. Hospital or Non-official Autopsy
b. Medico-legal or Official Autopsy

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16
Q

Persons who are Authorized to Perform Autopsies and Dissections

A

a. Health Officers;
b. Medical officers of law enforcement agencies; and
c. Members of the medical staff of accredited hospitals.

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17
Q

When shall an Autopsy be Performed on a Dead Body (Sec. 95 (b), P.D. 856, Code of Sanitation)

A

a. Whenever required by special laws;
b. Upon order of a competent court, a mayor and a provincial or city fiscal;
c. Upon written request of police authorities;
d. Whenever the Solicitor General, Provincial or city fiscal as authorized by existing laws, shall deem it necessary
to disinter and take possession of the remains for examination to determine the cause of death; and
e. Whenever the nearest kin shall request in writing the authorities concerned in order to ascertain the cause of
death.

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18
Q

An autopsy is called ____________ if after all efforts, including gross and microscopic studies and toxicological analyses, fail to reveal a cause of death. It is an autopsy which after a meticulous examination with the aid of other examinations does not yield any definite cause of death.

A

Negative Autopsy

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19
Q

An autopsy wherein no cause of death is found on account of imprudence, negligence, lack of skill or lack of foresight of the examiner.

A

Negligent Autopsy

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20
Q

An autopsy wherein no cause of death is found on account of imprudence, negligence, lack of skill or lack of foresight of the examiner. The act or omission which may be inadvertent or deliberate may be:

A
  1. Failure to have an adequate history or facts and circumstances surrounding the death.
  2. Failure to make a thorough external examination
  3. Inadequate or improper internal examinations
  4. Improper histological examination
  5. Lack of toxicological or other laboratory aids
  6. Pathologist incompetence
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21
Q

Is the injury, disease or the combination of both injury and disease responsible for initiating the trend or physiological disturbance, brief or prolonged, which produce the fatal termination. It may be immediate or proximate.

A

Cause of death

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22
Q

Is the explanation as to how the cause of death came into being or how the cause of death arose.

A

Manner of death

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23
Q

Type of causes of death

A
  1. Immediate (Primary) Cause of Death
  2. The Proximate (Secondary) Cause of Death
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24
Q

The injury or disease was survived for a sufficiently prolonged interval which permitted the development of serious sequelae which actually caused the death.

A

The Proximate (Secondary) Cause of Death

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25
Q

This applies to cases when trauma or disease kill quickly that there is no opportunity for sequelae or complications to develop.

A

Immediate (Primary) Cause of Death

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26
Q

MEDICO-LEGAL CLASSIFICATION OF THE CAUSES OF DEATH

A

a. Natural Death
b. Violent Death

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27
Q

Are those due to injuries inflicted in the body by some forms of outside force. The physical injury must be the proximate cause of death.

A

b. Violent Death

28
Q

This is death caused by a natural disease condition in the body. The disease may develop spontaneously, or it might have been a consequence of physical injury inflicted prior to its development.

A

a. Natural Death

29
Q

The death of the victim is presumed to be natural consequence of the physical injuries inflicted, when the following facts are established:

A

(1) That the victim at the time the physical injuries were inflicted was in normal health.
(2) That the death may be expected from physical injuries inflicted.
(3) That death ensued within a reasonable time

30
Q

Death due to misadventure or accident.

A

Accidental Death

31
Q

Under Art. 12, No. 4 of Revised Penal Code, any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing shall be exempted from criminal liability.

Elements of the Provision:

A

(a) A person is performing a lawful act
(b) He performed it with due care
(c) He caused injury to another by mere accident
(d) He is without fault and with no intention of causing it

32
Q

Death due to reckless imprudence, negligence, lack of skill or lack of foresight.

A

Negligent Death

33
Q

The Revised Penal Code provides that felonies may be committed when the wrongful act results from imprudence, negligence, lack of foresight or lack of skill. If death occurred due to the recklessness of someone, he may be charged for?

A

Homicide through reckless imprudence

34
Q

Suicide is the act of intentionally causing one’s own death.

A

Suicidal Death

35
Q

Any person who shall assist another to commit suicide shall suffer the penalty of?

A

Prision Mayor

36
Q

If such person lends his assistance to another to the extent of doing the killing himself, he shall suffer the penalty of?

A

Reclusion Temporal

37
Q

Any person who shall kill his father, mother, or child, whether legitimate or illegitimate, or any of his ascendants or descendants, or his spouse.

A

Parricidal Death

38
Q

Is the killing of a child less than 3 days old.

A

Infanticidal Death

39
Q

Any person who, not falling within the provisions of Article 246 shall kill another, shall be guilty of murder and shall be punished by reclusion temporal in its maximum period to death.

A

Murder

40
Q

Scoffing or outraging includes doing any act upon the corpse which adds to the mental suffering or humiliation of the heirs of the victim or which offends the public.

Examples:

A

(i) dismembering the corpse by cutting off the head
(ii) urinating on it
(iii) putting it on a sack and throwing the sack in a garbage pit
(iv) stripping if off the clothes

41
Q

Any person who, not falling within the provisions of article 246 shall kill another without the attendance of any of the circumstances enumerated in the provision of Art. 248 or Revised Penal Code (Murder).

A

Homicidal Death

42
Q

Penalty of Homicide

A

Reclusion Temporal

43
Q

Elements of Homicide

A

(a) That a person was killed
(b) That the accused killed him without any justifying circumstances.
(c) There is the intention on the part of the offender to kill the victim and such presumption can be inferred from the death of the victim
(d) That the killing does not fall under the definition of the crime of murder, parricide or infanticide

44
Q

Penal Classification of Violent Deaths

A
  1. Accidental Death
  2. Negligent Death
  3. Suicidal Death
  4. Parricidal Death
  5. Infanticidal Death
  6. Murder
  7. Homicidal Death
45
Q

When while several persons, not composing groups organized for the common purpose of assaulting and attacking each other reciprocally, quarrel and assault each other in a confused and tumultuous manner, and in the course of affray someone is killed, and it cannot be ascertained who actually killed the deceased, but the person or persons who inflicted serious physical injuries can be identified.

A

Death Caused in a Tumultuous Affray

46
Q

Penalty in Death Caused in a Tumultuous Affray

A

Prision mayor

47
Q

Any legally married person who, having surprised his spouse in the act of committing sexual intercourse with another person, shall kill any of them or both of them in the act or immediately thereafter, or shall inflict upon them any serious physical injury.

A

Death or Physical Injuries Inflicted under Exceptional Circumstances

48
Q

Penalty in Death or Physical Injuries Inflicted under Exceptional Circumstances

A

Destierro

49
Q

Special Death are:

A
  1. Judicial Death
  2. Euthanasia
50
Q

Modern methods in the execution of death sentences have abandoned inhuman, cruel and barbarous means. Executions by garroting, decapitation by means of the guillotine and by drowning which were common during the medieval days are no longer practiced.

A

Judicial Death

51
Q

Methods of Judicial Death

A
  1. Death by Electrocution
  2. Death by Hanging
  3. Death by Musketry
  4. Death by Gas Chamber
52
Q

A person is made to sit on a chair made of electrical conducting materials with straps of electrodes on both wrists, ankles, and head. An alternating current voltage of more than 1,500 volts is put on until the convict dies.

A

Death by Electrocution

53
Q

The convict is made to stand in an elevated collapsible flat form with a black hood on the head, a noose made of rope around the neck and the other end of which is fixed in an elevated structure above the head. Without the knowledge of the convict, the flat form suddenly collapses which causes the sudden suspension of the body and tightening of the noose around the neck. Death may be due to asphyxia or injury of the cervical portion of the
spinal cord.

A

Death by Hanging

54
Q

The convict is executed by firing squad.

A

Death by Musketry

55
Q

The convict is enclosed in a compartment and an obnoxious or asphyxiating gas is introduced. The most common gas used is carbon monoxide. The convict will not be removed from the gas chamber unless he is pronounced dead by the penitentiary physician.

A

Death by Gas Chamber

56
Q

Is the deliberate and painless acceleration of death of a person usually suffering from an incurable and distressing disease.

A

Euthanasia

57
Q

Euthanasia is also called?

A

Mercy killing

58
Q

Types of Euthanasia

A
  1. Active Euthanasia
  2. Passive Euthanasia — There is absence of the application of the means to accelerate death but the natural
    course of the disease is allowed to have its way to extinguish the life of a person. Consequently, the concept of
    orthothanasia and dysthanasia was adopted.
59
Q

Intentional or deliberate application of the means to shorten the life of a person. It may
be done with or without the consent or knowledge of the person. On demand is the putting to death of a person in compliance with the wishes of the person (patient) to shorten his sufferings.

A

Active Euthanasia

60
Q

There is absence of the application of the means to accelerate death but the natural
course of the disease is allowed to have its way to extinguish the life of a person. Consequently, the concept of orthothanasia and dysthanasia was adopted.

A

Passive Euthanasia

61
Q

When an incurably ill person is allowed to die a natural death without the application of any
operation or treatment procedure.

A

Orthothanasia

62
Q

When there is an attempt to extend the life span of a person by the use of extraordinary
treatments without which the patient would have died earlier.

A

Dysthanasia

63
Q

It is the deprivation of a regular and constant supply of food and water.

A

Death from Starvation

64
Q

Types of Starvation:

A
  1. Acute starvation
  2. Chronic starvation
65
Q

It happens when the necessary food has been suddenly and completely withheld from a person.

A

Acute starvation

66
Q

It happens when there is a gradual or deficient supply of food.

A

Chronic starvation

67
Q

Something that happens outside the sway of our will, and although it comes about through some act of will, lies beyond bounds of human foreseeable consequences.

A

Accidental Death