Formed-midterms-slides.pdf

1. Legal Medicine and Medical Jurisprudence 2. Medical Science and the Law 3. Criminal Investigation 4. Death     LEGAL  MEDICINE  AND  MEDICAL  JURISPRUDENCE   Ivy  D.  Patdu,  MD,  REB,  JD   What  happened?     Joseph   Schwegmann,   62,   who   has   been   with   the   Archdiocese   of   Cagayan   de   Oro   for   20   years,   was   discovered  at  around  11:30  a.m.  inside  his  room  at   the   Missionary   Society   of   St.   Columban   at   the   corner   of   Singalong   and   Remedios   Streets   in   Malate.    

 

Police   Officer     Amelito   Lopez,   of   the   Manila   Police   District   (MPD)   Homicide   Section,   said   Schwegmann   arrived   at   the   missionary   house   on   Monday   morning   and   stayed   inside   his   room   to   prepare  for  his  flight.    He  was  supposed  to  return   to  the  US  on  Wednesday  afternoon.   A   report   sent   to   the     investigator   revealed   that   hours   before   noon   of   Wednesday,   the   staff   of   the   missionary  house  began  to  wonder  why  the  priest   had  not  shown  any  signs  that  he  was  preparing  for   his   departure.     A   member   of   the   staff,   Jonathan   Salva,   then   decided   to   knock   on   his   door   to   inquire.    When  there  was  no  response,  Salva  used   a   duplicate   key   to   open   the   door   to   the   room   where  he  discovered  the  victim's  body.  

  Lopez  noted  that  while  the  body  bore  no  external   injuries,  it  was  already  bloated,  showing  that  the   priest  could  have  been  dead  for  sometime.  He   offered  the  theory  that  the  elderly  priest  died  of  a   natural  cause.     Jeanette  Andrade,  Elderly  American  Priest  Found  Dead  in   Manila,  Yahoo!  News  (June  1,  2012),   http://ph.news.yahoo.com/elderly-­‐american-­‐ priest-­‐found-­‐dead-­‐manila-­‐092007399.html    (last   accessed  on  June  3,  2012).          Rules  of  Court,  Rule  138  §5    

Sec.   5.   Additional   requirements   for   other   applicants.   -­‐     xxx     No   applicant   shall   be   admitted   to   the   bar   examinations   unless   he   has   satisfactorily   completed  the  following  courses  in  a  law  school  or   university   duly   recognized   by   the   government:   civil   law,   commercial   law,   remedial   law,   criminal   law,   public   and   private   international   law,   political   law,   labor   and   social   legislation,   medical   jurisprudence,  taxation  and  legal  ethics.     Law  and  Medicine     It  is  inevitable  that  the  two  disciplines  intersect.         Medical  knowledge  and  the  forensic  science  can  help   elucidate  legal  problems.   The  practice  of  medicine,  administration  of  hospitals  and   other  health  related  fields  remain  to  be  governed   by  law.     Application  of  Medicine  to  Law     CIVIL  LAW   determination  of  civil  personality    (NCC,  art  40,41,42)   limitation  of  person’s  capacity  to  act    (NCC,  article  38,   39)   marriage  and  legal  separation  -­‐  psychological  incapacity   paternity  and  filiation     testamentary  capacity  of  a  person  making  a  will         Application  of  Medicine  to  Law     CRIMINAL  LAW   Circumstances  affecting  criminal  liability    (insanity)   Crimes  against  persons   Crimes  against  chastity   Dangerous  Drugs  Act   VAWC         Application  of  Medicine  to  Law     REMEDIAL  LAW   Physical  and  mental  examination  of  the  person    (rule  28)   Proceeding  for  hospitalization  of  an  insane  person  (rule   101)   DNA  evidence         Application  of  Medicine  to  Law  

  REMEDIAL  LAW   Physical  and  mental  examination  of  the  person    (rule  28)   Proceeding  for  hospitalization  of  an  insane  person  (rule   101)   DNA  evidence         Application  of  Medicine  to  Law     Labor  Law  –  Employee’s  Compensation   Insurance  Law   Special  laws  –  Juvenile  Justice  Act,  Code  of  Sanitation   Capacity  to  Enter  Contracts             Application  of  Law  to  Medicine     Regulation  of  Professions  –  Medicine  and  Allied  Medical   Sciences   Licensing  of  Hospitals   Duties  imposed  by  law  on  Health  Care  providers   Health  Insurance   Health  related  Laws         Application  of  Law  to  Medicine     Medical  Negligence   Hospital  Liability   Health  Maintenance  Organizations   Medical  Privacy   Rights  of  Patients   Medical  Records         Scope  of  the  Course   Legal  Medicine   Medical  Jurisprudence   Forensic  Science   Forensic  Medicine   Legal  Medicine     Branch  of  medicine  which  deals  with  the  application  of   medical  knowledge  to  the  purpose  of  law  and  in   the  administration  of  justice    (Solis,  Legal  medicine   p.  1)      

Application  of  Medicine  to  Law         Medical  Jurisprudence     Legal  aspect  of  medical  practice  (Solis,  Medical   Jurisprudence  p.1)   Application  of  Law  to  Medicine             Forensic  Science   Application  of  a  broad  range  of  scientific  disciplines  to   public  or  legal  concerns   Forensic  Medicine     Forensic  Medicine  –  branch  of  medicine  that  deals  with   use   of   medical   knowledge   to   elucidate   legal   problems;   sometimes   it   is   used   synonymously   with  Legal  Medicine.     Introduction  to  the    Diffferent  Disciplines   Forensic  Medicine     Clinical  Forensic  Medicine   Forensic  Pathology   Forensic  Psychiatry       Clinical  Forensic  Medicine     Clinical  Forensic  Medicine  –branch  of  medicine  that   deals  specifically  with  cases  involving  both  legal   and  medical  aspects  of  patient  care.     Examples:    Request  for  Physical  Examination  of  person  in   custody,  Aging  of  Wounds  to  determine  if   consistent  with  Alleged  date  of  infliction         Forensic  Pathology     Forensic  pathology  –  subspecialty  of  pathology  that   focuses  on  medico-­‐legal  death  investigation;  for   death  under  suspicious  circumstances,  medico-­‐ legal  officer  can  conduct  an  autopsy     Autopsy   Code  on  Sanitation,  P.D.  856  §95 (1975)     Person  authorized  to  perform  Autopsies:  

1.  Health  officers;   2.  Medical  officers  of  law  enforcement  agencies;  and   3.  Members  of  the  medical  staff  of  accredited  hospitals.     Autopsy     Autopsies  shall  be  performed  in  the  following  cases:     Whenever  required  by  special  laws   By  Order  of  Court  or  Fiscal   Upon  written  request  of  police  authorities   Whenever  the  Solicitor  General,  provincial  or  city  fiscal   as  authorized  by  existing  laws,  shall  deem  it   necessary  to  disinter  and  take  possession  of   remains  for  examination  to  determine  the  cause   of  death   Whenever  the  nearest  kin  shall  Request  in  writing    by   nearest  of  kin  the  to  ascertain  the  cause  of  death     Autopsy     Autopsies  may  be  performed  on  patients  who  die  in   accredited  hospitals  subject  to  the  following   requirements:     1.  The  Director  of  the  hospital  shall  notify  the  next  of  kin   of  the  death  of  the  deceased  and  request   permission  to  perform  an  autopsy.   2.  Autopsy  can  be  performed  when  the  permission  is   granted  or  no  objection  is  raised  to  such  autopsy   within  48  hours  after  death.   3.  In  cases  where  the  deceased  has  no  next  of  kin,  the   permission  shall  be  secured  from  the  local  health   authority.     Behavioral  Science     Forensic  Psychiatry  –  use  of  psychiatric  evaluation  and   knowledge  on  human  behavior  to  elucidate  legal   problems,  provision  of  therapeutic  services   Forensic  Psychology  –  use  of  knowledge  of  the   behavioral  science  for  assessment  of  criminal   behavior,  provision  of  therapeutic  services   provided  to  individuals  in  forensic  settings       Behavioral  Science     Application:  Determination  of  Age,  Capacity  to  Act  and   competence,  Circumstances  that  modify  criminal   liability,  Drug  abuse,  mental  illness,  suicide,  sexual   deviance,  Support  for  Victims  of  Sexual  Assault,   Violence  or  Abuse,  Criminal  Profiling  

  Forensic  Science     Forensic  entomology   Forensic  ontology   Forensic  anthropology   Forensic  toxicology   Forensic  Chemistry   Forensic  Computer  Science         Forensic  Entomology     Forensic  Entomology  –  application  of  knowledge  about   insects,  insect  identification;    knowledge  of  their   developmental  and  reproductive  stages  to  deal   with  legal  problems  such  as  time  of  death,  and   reconstruction  of  crime  scene.     Forensic  Odontology     Forensic  Odontology  –  the  application  odontology  to   legal  problems  such  as  identification  of  human   remains,  and  analysis  of  bitemarks     Presidential  Decree  No.  1575  requires  practitioners  of   dentistry  to  keep  and  maintain  an  accurate  and   complete  record  of  the  dentition  of  all  their   patients.     Upon  the  lapse  of  ten  years  from  the  last  entry,  dental   practitioners  shall  turn  over  the  dental  records  of   their  patients  to  the  National  Bureau  of   Investigation  for  record  purposes       Forensic  Anthropology     Forensic  Anthropology  –discipline  concerned  with  study   of  skeletonized  human  remains  as  they  apply  to   identification,  determination  of  age,  sex,  presence   of  trauma  or  disease,  includes  both  anthropology   and  archaeology     Anthropology  is  the  study  of  humans,  their  cultures,  and   their  biology.       Forensic  Toxicology    

Forensic  Toxicology  –  discipline  that  concerns  itself  with   a   study   on   drugs   and   metabolites   in   biological   fluids  with  application  in  medico-­‐legal  cases;  study   of  poisons  and  the  different  types  of  poisoning.     Forensic  Chemistry     Forensic   Chemistry   –   scientific   examination   and   identification     of   physical   evidence   such   as   blood   and   seminal   fluids,   gunpowder   residues,   explosives,   hairs   and   fibers,   tool   marks,   glass   fragments/fractures,  paints  and  soil     Forensic  Chemistry   Forensic  instrumentation  -­‐    analytical  chemistry  such  as   spectroscopy  (how  a  material  absorbs  light  –   comparison  of  paint  chips,  textile  fibers),   chromatography(techniques  to  separate  mixtures   of  solids  or  liquids  into  individual  components  for   analysis  of  drugs,  explosive  residues)  and   microscopy  as  applied  to  forensic  examinations.   Forensic  Chemistry   DNA  Analysis  –  use  of  DNA  to  elucidate  legal  problems   including  identification  of  body  fluids,  stains,  and   determination  of  species.       Forensic  Computer  Science     Forensic   Computer   Science   –   the   application   of   knowledge   on   computers   and   technology   to   elucidate   legal   problems   such   as   recovery   and   analysis   of   digital   evidence,   documentation   and   interpretation   of   computer   data,   and   other   legal   issues  involving  use  of  computer  or  networks  as  a   tool  or  target  in  the  commission  of  the  crime.     Others   Questioned   Document   Examination   -­‐     study   of   all   types   of   questioned   documents   including   handwriting   analysis,  examination  of  signatures,  study   of  document   alterations   of   obliterations   and   examination  of  counterfeit  bills       Forensic  Photography  –  documentation  of  crime  scene   and  physical  evidence     Others   Dactyloscopy  -­‐  study  of  fingerprint  principles  in  criminal   investigation             Polygraphy-­‐    specific  detection  of  deception  in  relation   to  criminal  investigation.  

  History               History   So  the  other  disciples  told  him,  “We  have  seen  the   Lord!”        But  he  said  to  them,  “Unless  I  see  the  nail   marks  in  his  hands  and  put  my  finger  where  the   nails  were,  and  put  my  hand  into  his  side,  I  will  not   believe.”  (John  20:25)     St.  Thomas  the  Doubter  –  said  to  be  the  patron  saint  of   Forensic  Science     History       History     Hippocrates  (460-­‐355  BC)  –  discussed  lethality  of   wounds   Antistius    -­‐  he  is  the  forensic  pathologist  who  performed   an  autopsy  on  Julius  Cesar  (100-­‐44  BC)  and  found   out  that  Julius  Cesar  suffered  from  23  wounds,   only  one  penetrated  the  chest  cavity  through  the   space  between  the  first  and  second  ribs.       History     Song  Ci  –  Father  of  forensic  medicine     He  published  a  5  volume  book  on  forensic   medicine  that  was  useful  reference  for  the       Justice  bureaucracy,  His  Yuan  Lu  (Instructions  to   Coroner),  included  topics  like  abortion,   infanticide,  drowning,  poisoning,  examination  of   dead       Forensics  in  the  Philippines     1858    -­‐    first  medical  textbook  related  to  medico-­‐legal   practice  by  Spanish  Physician  Dr.  Rafael  Genard  y  Mas   1871  -­‐    Legal  Medicine  was  included  as  a  subject  in  the   School  of  Medicine  of  Real  y  Pontifica  Universidad  de   Santo  Tomas   1895  –  Medico-­‐legal  laboratory  was  established  in  the   City  of  Manila       Forensics  in  the  Philippines     December  10,  1937  –  Commonwealth  Act  No.  181  was  

passed  creating  the  Division  of  Investigation  under   the  Department  of  Justice.    Medico-­‐Legal  Section   was  an  integral  part  and  Dr.  Gregorio  Lantin  was   chief   June  19,  1947  –  Republic  Act  No.  157  created  the  Bureau   of  Investigation   June  18,  1949  –  Republic  Act  409  –  creation  of  the  Office   of  the  Medical  Examiners  and  Criminal   Investigation  Laboratory  under  the  Police   Department  of  the  City  of  Manila     Read  Solis,  Legal  Medicine,  6-­‐11  (1988)       CSI  TV  Shows  –  fact  or  fiction?     State-­‐of-­‐the  art  technology         Single  hair  or  flake  of  paint  leads  to  culprit     glamorous  CSIs       CSIs  confronting  witnesses  during  the  investigation   Persons  under  investigation  will  confess          

  Modern  Forensics     Before,  criminal  investigation  relied  on  fingerprints  and   eyewitness   Trace  evidence   DNA  Evidence   Improved  Database         Fingerprint  Database     Fingerprint  database  in  the  Philippines   Fingerprint  database  –  mostly  those  with  criminal   records   Half  a  million  prints  in  database   39M  unclassified  fingerprint  cards    Automated  Fingerprint  Identification  System  or  (AFIS)  -­‐   which  can  process  40,000  prints  a  minute           Forensics  in  the  Philippines     Major  agencies  of  government  concerned  with  forensic  

investigations:   National  Bureau  of  Investigation  –  Taft  Avenue,  Manila   Philippine  National  Police  –  Camp  Crame,  Quezon  City-­‐     Scene  of  the  Crime  Operation  (SOCO  Units)   Local  Crime  Laboratories   Resources  usually  go  to  analysis  of  drugs  and  DNA       Crime  Laboratory     Physical  Science  Unit  –  analysis  of  object  evidence  at   crime  scene   Biology  Unit  –  analysis  of  trace  evidence  (blood,  fibers,   DNA)   Firearms  Unit  –  analysis  of  ballistics   Document  Examination  Unit  –  handwriting  analysis   Photography  Unit  –  documentation   Others:  toxicology  unit  (biological  fluids),  fingerprint,   polygraph,  evidence-­‐collection       NBI  Technical  Divisions   Behavioral  Science  Division   Dactyloscopy  Division   Electronic  Data  Processing  Division   Firearms  Investigation    Division   Forensic  Chemistry  Division   Identification  and  Records  Division   Medico-­‐Legal  Division   Photography  and  Publication  Division   Polygraph  Division   Questioned  Documents  Division   PNP  Frontline  Services   Autopsy  (P1200)     Histopathological  Examination  (P1000)   DNA  Examination  (P20,000  per  specimen)   Drug  Test  (P400)   Examination  of  Altered  or  Erased  Documents,   Counterfeit  bills  (P2000)     PNP  Frontline  Services   Handwriting  (P3500)   Signature  Examination  (P2000)   Polygraph  Examination  (P600)   Semen  Determination  (P500)   Serology  Examination  (P500)   Virginity  Determination  (P100)         Senate   Bill   No.   1868   -­‐   seeks     to     establish   and   provide   funding   for   a     Forensic     Science     Institute   in    

the     University     of   the     Philippines     system   to   provide   competent,     scientific   and     modern   technical     services     for     the   detection   and   investigation  of  crimes.   Technical  Group  already  working  on  curriculum  for  a  B.S.   Forensic  Science  under  CHED                  

 

 

 

THANK  YOU.  

Medical Science and the Law Ivy D. Patdu, MD REB JD

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Mr. Santos, a rich man, decided to donate P5M to the unborn child of Ms. Cruz. The legal documents were executed and the money was given to Ms. Cruz. While Ms. Cruz was only eight months pregnant, she went into labor. She delivered a baby girl who died within one hour after birth. Mr. Santos, upon learning of the death of the child, wanted to get back the P5M he donated. If you were the lawyer consulted by Mr. Santos, what would you advise?

When is a Person considered born?

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Art. 40. Birth determines personality; but the conceived child shall be considered born for all purposes that are favorable to it, provided it be born later with the conditions specified in the following article. Art. 41. For civil purposes, the fetus is considered born if it is alive at the time it is completely delivered from the mother's womb. However, if the fetus had an intra-uterine life of less than seven months, it is not deemed born if it dies within twenty-four hours after its complete delivery from the maternal womb.

Gestational Age The law assumes that a baby born at 7 months would survive.

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In the Philippine General Hospital – a baby born at 27 weeks survived In the United States – A baby named Amillia Taylor was born at 21 weeks and 6 days weighing only 283 grams (2006)

Amilia Taylor

Gestational Age

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Counted from first day of last menstruation of mother May also be based on early ultrasound From first day of last menstruation – expected date of delivery will be from 38 to 42 weeks

What is the Intrauterine Life? A conceived child shall be considered born for all purposes favorable to it provided that:

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Delivered alive – INTRAUTERINE LIFE of 7 months or older (7m, >7m) Delivered alive at less than 7 months, does NOT die within 24 hours (<7m)

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Whether an infant survives for 24 hours is a determination made in the hospitals or by someone who attends to a woman during childbirth. In very rare instance, some newborn babies would appear dead but are in fact still alive.

Lazarus syndrome – autoresuscitation after failed cardiopulmonary resuscitation

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A laborer brought his wife who was 38 weeks pregnant to the hospital because of abdominal pain. The wife went into labor but the child died during delivery. The laborer claimed for a paternity leave and bereavement leave for death of a dependent as provided for in their collective bargaining agreement. The company allowed him paternity leave but refused to allow the bereavement leave.

Company claimed that the child was not born alive and could not have acquired juridical personality. Company

claimed that a dead fetus which did not acquire juridical personality will not entitle the laborer to a bereavement leave allowed under the CBA for the death of a dependent. If you were deciding the case, how will you rule? [Continental Steel Manufacturing Corporation vs. Montaño, 603 SCRA 621(2009)]

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Abortion practiced by the woman herself of by her parents

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Abortion practiced by a physician or midwife and dispensing of abortives

Abortion Medical Definition

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Abortion – products of conception expelled at 20 weeks or less (24 weeks) Fetal death in utero - More than 20 weeks or weighs 500g or more Criminal law – considers viability or capability of independent existence

Intentional Abortion

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Abortion

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Abortion caused by trauma - as a rule, caused by event/trauma that occurred weeks before (more fatal in later stages of pregnancy) In later stages, a fetus might die because of Uterine rupture, Placental Abruption

Aborted baby at 15 weeks Usual Causes of Abortion: infection, nutrition, anatomic abnormalities, alcohol and tobacco, chromosomal abnormalities of fetus

Abortion RPC – arts. 256, 257, 258, 259

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use of any violence upon the person of the pregnant woman.

Intentional Abortion Unintentional abortion

Intentional Abortion 2. without using violence

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could be drugs

ex. morning after pills – not legal, alter hormone levels to prevent implantation

Unintentional Abortion Art. 257. Unintentional abortion. xxx any person who shall cause an abortion by violence, but unintentionally.

neighbors who heard the commotion went into the house just as the man rushed out. They saw the bloodied body of the dead wife and a dead baby apparently delivered from the mother’s womb. What crimes were committed?

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Abortion practiced by a physician or midwife taking advantage of their scientific knowledge or skill, shall cause an abortion or assist in causing the same. Dispensing of abortive by without prescription Ex. Cytotec (misoprostol) for ulcer

pharmacist

Infanticide Art. 255. Infanticide. — The penalty provided for parricide in Article 246 and for murder in Article 248 shall be imposed upon any person who shall kill any child less than three days of age. xxx

CAPACITY TO ACT

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NCC, Art. 38. Minority, insanity or imbecility, the state of being a deafmute, prodigality and civil interdiction are mere restrictions on capacity to act, and do not exempt the incapacitated person from certain obligations, as when the latter arise from his acts or from property relations, such as easements. (32a) CAPACITY TO ACT

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A man came home to his 6-month pregnant wife. He then stabbed her 14 times. The neighbors who heard the commotion went into the house just as the man rushed out. They saw the bloodied body of the dead wife and a dead baby apparently delivered from the mother’s womb. What crimes were committed?

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Art. 39. The following circumstances, among others, modify or limit capacity to act: age, insanity, imbecility, the state of being a deaf-mute, penalty, prodigality, family relations, alienage, absence, insolvency and trusteeship. The consequences of these circumstances are governed in this Code, other codes, the Rules of Court, and in special laws. Capacity to act is not limited on account of religious belief or political opinion. A married woman, twenty-one years of age or over, is qualified for all acts of civil life, except in cases specified by law. (n)

SEX

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A man came home to his 6-month pregnant wife. He then stabbed her 14 times. The

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SEX OF A CHILD – Genetic

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Appearance

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See Republic vs. Cagandahan, 565 SCRA 72(2008)

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Male or Female?

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R.A. 9344, SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at the time of the commission of the offense shall be exempt from criminal liability. Sec. 7. xxx The age of a child may be determined from the child's birth certificate, baptismal certificate or any other pertinent documents. In the absence of these documents, age may be based on information from the child himself/herself, testimonies of other persons, the physical appearance of the child and other relevant evidence. xxx *OLD AGE –over 70 years old – mitigating circumstance

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Wechsler IQ test ratings identify those as imbeciles who suffer moderate mental retardation. Idiot - 2 years old, profound Mental Retardation IQ – below 20

Terms used - idiot, imbecile, moron à mild retardation, moderate retardation, severe retardation, and profound retardation à intellectual disability Intellectual disability – may be assessed by psychologists and psychiatrists Causes: Trauma to head, genetics (Down Syndrome), Infections (Meningitis), Lead poisoning or exposure to toxic substances

Deaf-Mute

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Hearing tests, Examination by an ENT

Deaf-Mute

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IMBECILITY

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Moron – 7-12 years old, Mild mental retardation -- IQ 50-69

IMBECILITY

AGE

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Imbecile - 2-7 years old, moderate to severe mental retardation – IQ 20-49

The absence of a qualified interpreter in sign language and of any other means, whether in writing or otherwise, to inform the accused of the charges against him denied the accused his fundamental right to due process of law. [People vs. Parazo, 310 SCRA 146(1999)]

INSANITY

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INSANITY - a person with a psychiatric

condition is considered insane, usually those who suffer hallucinations, delusions, disordered thinking

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Lucid intervals - usually, those with a psychiatric condition, controlled by medication, or therapy would “think clearly” Ex. Schizophrenia (medical criteria)

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PSYCHOLOGICAL INCAPACITY

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INSANITY John Nash INSANITY

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symptoms and encompass the individual's way of interacting with the world. They include Paranoid, Antisocial, and Borderline Personality Disorders.

Schizophrenia - typically begin between adolescence and early adulthood for males and a few years later for females, and usually as a result of a stressful period (such as beginning college or starting a first full time job). delusions and hallucinations, disorganized behavior and/or speech, flattening or inappropriate affect

INSANITY

•1.Bipolar I disorder at least one manic episode a person must have at least one manic episode (Mania – intense high, euphoria, feels indestructible, elevated selfesteem, talkative) 2. Depression develops as mania fades, consequences of activities becomes apparent

the intention of the law to confine the application of Article 36 to the most serious cases of personality disorders, clearly demonstrative of an utter insensitivity or inability to give meaning and significance to the marriage; that the psychological illness that must have afflicted a party at the inception of the marriage should be a malady so grave and permanent as to deprive one of awareness of the duties and responsibilities of the matrimonial bond he or she is about to assume. [Suazo vs. Suazo, 615 SCRA 154(2010)] PSYCHOLOGICAL INCAPACITY

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Pathological Lying (Magical Thinking) Antonio vs. Reyes, 484 SCRA 353, March 10, 2006 Constant nonfulfillment, senseless and protracted refusal to have sexual intercourse [Chi Ming Tsoi vs. Court of Appeals, 266 SCRA 324(1997)]

INSANITY MENTIONED IN LAW

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Developmental disorders include autism and mental retardation, disorders which are typically first evident in childhood Personality disorders are clinical syndromes which have a more long lasting

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Competency to stand Trial Exempting Circumstance Death convict who becomes insane after his final conviction cannot be executed while in

been deprived completely of reason and freedom of the will at the time of the commission of the crime, or that he must have acted without the least discernment. Mere abnormality of the accused’s mental faculties does not exclude imputability. [People vs. Aquino, 322 SCRA 769(2000)]

a state of insanity

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Detention by reason of insanity or imbecility is not considered a penalty

INSANITY

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Violent insanity shall be considered legal grounds for the detention of any person Raises penalty for rape, serious physical injuries, if victim becomes insane; rape if victim is insane Ground for annulment Capacity to give consent to contract [Unsound Mind]

INSANITY

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CRIMINAL INSANITY - individual’s make-up at the time of the offending act was such that, with respect to criminality of his conduct, he substantially lacked capacity to act rationally * ignorance – lack of understanding * compulsion – irresistible impulse

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R.A. 9262, Sec. 3(c)"Battered Woman Syndrome" refers to a scientifically defined pattern of psychological and behavioral symptoms found in women living in battering relationships as a result of cumulative abuse. Sec. 26 xxx In the determination of the state of mind of the woman who was suffering from battered woman syndrome at the time of the commission of the crime, the courts shall be assisted by expert psychiatrists/ psychologists.

Legal standards for criminal insanity do not match the psychiatric diagnostic criteria

NO TEMPORARY INSANITY

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BWS

Neither are we persuaded by EDGARDO’s plea of “temporary insanity.” As the OSG aptly stated, “temporary insanity” is not recognized in this jurisdiction. Insanity, under Article 12 of the Revised Penal Code, connotes that the accused must have

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“Battered Woman Syndrome” - three phases: (1) the tension-building phaseminor batterings in the form of verbal or slight physical abuse; woman tries to pacify the batterer through a show of kind, nurturing behavior; or by simply staying out of his way; (2) the

acute battering incident phase characterized by brutality, destructiveness and sometimes, death. The battered woman realizes that she cannot reason with him and that resistance would only exacerbate her condition; and (3) the tranquil period, where the couple experience a compound relief and the batterer may show a tender and nurturing behavior towards his partner [People vs. Genosa, 419 SCRA 537(2004)]

Diseases that could Affect Soundness of Mind

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Multiple sclerosis Psychiatric Conditions: severe depression, bipolar disorder, schizophrenia Alzheimer’s disease Stroke, cerebrovascular diseases Metabolic disorders Hepatic encephalopathy Meningitis

Filiation Family Code, art. 164

The Unsound Mind

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Insanity or Imbecility – cannot give consent to a contract Unsound mind – does not have testamentary capacity

The Unsound Mind Civil Code, Art. 799. To be of sound mind, it is not necessary that the testator be in full possession of all his reasoning faculties, or that his mind be wholly unbroken, unimpaired, or unshattered by disease, injury or other cause. It shall be sufficient if the testator was able at the time of making the will to know the nature of the estate to be disposed of, the proper objects of his bounty, and the character of the testamentary act.

Children conceived as a result of artificial insemination of the wife with the sperm of the husband or that of a donor or both are likewise legitimate children of the husband and his wife, provided, that both of them authorized or ratified such insemination in a written instrument executed and signed by them before the birth of the child.

Filiation 1. Artificial Insemination – sperm is placed in reproductive tract of female 2. In vitro Fertilization – test tube baby

IN VITRO FERTILIZATION

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John and Marcia separated because according to Marcia, John was unable to fulfill her needs as a woman. After being separated for a year, it then came to John’s knowledge that Marcia gave birth to a baby boy. John wanted to impugn the legitimacy

of the child on the ground that he had been previously diagnosed with low sperm count. If he comes to you for help, what advice will you give him? Filiation

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Art. 166. Legitimacy of a child may be impugned only on the following grounds: (1) That it was physically impossible for the husband to have sexual intercourse with his wife within the first 120 days of the 300 days which immediately preceded the birth of the child because of: (a) the physical incapacity of the husband to have sexual intercourse with his wife; (b) the fact that the husband and wife were living separately in such a way that sexual intercourse was not possible; or (c) serious illness of the husband, which absolutely prevented sexual intercourse;

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Biological/Scientific Reasons – DNA, Genetics

Filiation

Filiation

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Impotence is the inability of a person to perform sexual intercourse. [erectile dysfunction] Sterility is the inability of the male to beget children [abnormal sperm, low sperm count] Infertility is the inability of female to bear children

Filiation

PHYSICAL CAUSES

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Art. 166. Legitimacy of a child may be impugned only on the following grounds: (2) That it is proved that for biological or other scientific reasons, the child could not have been that of the husband, except in the instance provided in the second paragraph of Article 164; or

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(3) That in case of children conceived through artificial insemination, the written authorization or ratification of either parent was obtained through mistake, fraud, violence, intimidation, or undue influence. Filiation

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What can cause impotence?

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Erectile Dysfunction Medication: Antidepressants and other psychiatric medications High blood pressure drugs Chemotherapy High Level Painkillers (Morphine, Fentanyl) Recreational Drugs

Physical causes - impotence

SERIOUS ILLNESS

Serious illness – diseases that prevent a man from achieving/sustaining an erection

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Illness: high blood (because of medications)

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diabetes (due to blood vessel and nerve damage)

heart failure BIOLOGICAL/SCIENTIFIC EVIDENCE

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Rule on DNA Evidence 9(c) - DNA results that exclude the putative parent from paternity shall be conclusive proof of nonpaternity. If the value of the Probability of Paternity is less than 99.9%, the results of the DNA testing shall be considered as corroborative evidence. If the value of the Probability of Paternity is 99.9% or higher, there shall be a disputable presumption of paternity.

BIOLOGICAL/SCIENTIFIC EVIDENCE

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DNA paternity testing – probability must be 99.9% (disputable presumption – satisfactory unless contradicted by other evidence) Blood type – a. Type O + Type O = Type O b. Type A + Type O = Type A, O c. Type A + Type B = Type A, B, AB, O Physical Characteristics

Filiation

Filiation

Marriage Family Code Art. 45. Annulment (2) That either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife; xxx Marriage Family Code Art. 45. Annulment (5) That either party was physically incapable of

consummating the marriage with the other, and such incapacity continues and appears to be incurable; or (6) That either party was afflicted with a sexuallytransmissible disease found to be serious and appears to be incurable. Marriage Family Code Art. 46. Fraud as ground for annulment (2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (3) Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or Marriage Family Code Art. 46. Fraud as ground for annulment (4) Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. Justin and Selena got married. After one week, Justin consulted with you because he wanted to file for annulment. Apparently Selena concealed that she was 4 months pregnant by another man. Selena claimed that Justin knew about the pregnancy and promised to love her anyway. Selena said that it would have been imposible conceal her pregnancy given its advanced stage. What will you advise? Pregnancy STD – curable, incurable INCURABLE

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AIDS – HIV *Condom – less risky sex Herpes - painful, ulcerative blisters or sores on the genitals in both men and women

STD – curable, incurable CURABLE

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Syphilis – painless chancre à if untreated can cause blindness, numbness, nerve damage

• STD – curable, incurable CURABLE

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Gonorrhea - burning sensation when urinating; white, yellow, or green discharge from the penis; increased vaginal discharge, or vaginal bleeding between periods.

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Alcoholism – it is a condition characterized by a compulsion to drink, dependence on alcohol, prolonged use affects the brain

Treatment- Detoxification, Control of Withdrawal Symptoms, Psychological Support

Alcoholism Two "yes" responses indicate that the respondent should be investigated further. The questionnaire asks the following questions:

Alcoholism

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Have you ever felt you needed a drink first thing in the morning (Eye-opener) to steady your nerves or to get rid of a hangover?

Drug Addiction Chlamydia

Alcoholism

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Have you ever felt Guilty about drinking?

Have you ever felt you needed to Cut down on your drinking? Have people Annoyed you by criticizing your drinking?

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Drug Addiction – severe compulsion to seek and take drugs; has serious physical, mental and social consequences

- detoxification, psychological treatment, social support

THANK YOU!

CRIME SCENE INVESTIGATION Ivy D. Patdu, MD JD Criminal Investigation Criminal Investigation – is a process where authorized persons, usually part of the law enforcement agency, determines if a violation of the law has been committed, including who is responsible and who has been victimized, through the discovery, collection, processing and reporting of all forms of evidence Crime Scene Investigation – is a component of criminal investigation and refers to the complete process of obtaining evidence and relevant information in an area where a violation of law is supposedly committed Overview of Crime Scene Investigation Securing and initial management of the Crime Scene Documentation Walk Through and Crime Scene Search

Obtaining and Processing Evidence Locard’s principle of exchange – objects that come in contact with each other always transfer material to each other in attempting to identify an individual, crime scene investigators work with the notion that in nature no two individuals are identical and as individuals we are all unique. Overview of Crime Scene Investigation Questions that must be kept in mind by the investigator Has a crime been committed? Consider what crime, and what evidence would be relevant Try to obtain information related to what, when and how a crime was committed Who may have committed the crime? Crime Scene investigators should watch out for evidence that may point to the identity of the perpetrator of the crime Overview of Crime Scene Investigation Who is the victim? Evidence that may provide information about the victim, his or her identity, lifestyle, and personal circumstance are relevant Why was the crime committed? The investigator should consider as relevant evidence that might point to intent or motive in the commission of the crime

Securing and initial management of the Crime Scene

What needs to be done? Securing and initial management of the Crime Scene Emergency Management – when a crime scene has been reported, the initial responders must prioritize emergency situations

A violent suspect may still be in the crime scene posing a risk to the police officers, crime scene investigators, or other people in the area Victims of the crime may still be alive requiring immediate medical assistance Crime Scene Investigation begins with securing the crime scene for purposes of: safety medical assistance preservation of crime scene

Cordon crime scene with whatever material available People must not go in and out of a crime scene On-site assistance should disturb as little as possible in a crime scene but the victims should receive immediate attention and transferred to appropriate treatment facility Media must be controlled Failure to control a crime scene could be fatal to the prosecution’s case because it could lead to a claim of “contaminated evidence” *Evacuate injured persons to nearest hospital *Witnesses and Possible Suspects should be taken in custody, kept calm and isolated Supposed witnesses may be suspects Supposed victims may be perpetrators of the crime Initial impressions and reports of witnesses are important A dying person may provide important information or confession (dying declaration) Requisites of a “Dying Declaration” are: 1. That death is imminent and the declarant is conscious of that fact; 2. That the declaration refers to the cause and surrounding circumstances of such death; 3. That the declaration relates to facts which the victim is competent to testify to; and 4. That the declaration is offered in a case where in the declarant’s death is the subject of the inquiry. If it is a complex case, a command center may be needed to keep track of the different teams of investigator, to serve as communication

center, and to aid in processing of collected evidence. Overview of Crime Scene Investigation Securing and initial management of the Crime Scene Documentation Walk Through and Crime Scene Search Obtaining and Processing Evidence

DOCUMENTATION DOCUMENTATION Part of crime scene investigation from beginning to end If resources allow, a separate team is usually in charge of documentation The first responders and officers who arrive at the scene should be interviewed for their initial impressions DOCUMENTATION Documentation involves (1)making notes, (2) Photography/Videography, (3) Sketching Items that may be relevant are marked or numbered, photographed and sketched before they are moved Notes Note Taking during the investigation aids in making a reliable and valid report, especially information that may no longer be recalled as the investigation proceeds Notes should include date and time, description of the physical scene, a report on the first responders, and any other information that appears relevant Notes Photography/Video Purpose - to reproduce the undisturbed crime scene General area of commission of the crime should be photographed taking into consideration the critical areas, entry and exit points Initial pictures should be overlapping, include general view and focused view If a body is photographed, the injury in relation to body and surroundings are taken first before a detailed and closer picture Photography/Video *Laboratory Photography – microphotography, macrophotography

laser-beam photography, Ultraviolet-light photography (fluorescent or blue light) Sketches “Rough sketch” – initial sketch which provides a general lay-out of the crime scene, the location of the body or significant objects; it is not drawn to scale but sketch should be labeled including distances and notes. Sketch should be reassessed. Finished Scale Drawing – this may be completed later; sketch is more refined drawn to scale Sketches Overview of Crime Scene Investigation Securing and initial management of the Crime Scene Documentation Walk Through and Crime Scene Search Obtaining and Processing Evidence

WALK-THROUGH AND CRIME SCENE SEARCH CRIME SCENE SEARCH Walk-through – preliminary to actual search to aid in planning; general assessment of the crime scene 1. assess crime scene and document important factors 2. Note relevant evidence, and establish evidence that will most likely be encountered 3. Extent of search area, manpower and equipment needs identified 4. Develop theory of crime

CRIME SCENE SEARCH Primary Crime Scene – where the crime was committed Secondary Crime Scene – related to the crime, but not site of its actual commission; evidence found at a secondary crime scene may be relevant in determining the primary crime scene Search Patterns Strip Search Method – outdoors *Lane Method

Search Patterns Spiral Search Method – limited manpower Search Patterns

Specialized facilities for sensitive evidence (explosives) Chain of Custody – documentation of what happened to evidence from time discovered to time when it is presented in court

Grid Search Method Search Patterns Zone Search Method – large areas Overview of Crime Scene Investigation Securing and initial management of the Crime Scene Documentation Walk Through and Crime Scene Search Obtaining and Processing Evidence

OBTAINING AND PROCESSING EVIDENCE OBTAINING AND PROCESSING EVIDENCE OBTAINING AND PROCESSING EVIDENCE Discover and Recognize Evidence Consider the who, what, where, how and why of a crime Evidence must be photographed and sketched before they are moved Some evidence may not be visible with ordinary lighting (E.g. semen and fibers may be more visible using ultraviolet light, blood cleaned may still be detected through chemicals)

Collecting Evidence The investigator must be impartial and detached and must collect all relevant evidence whether they support the initial impression or not Relevant evidence include soil samples, hairs, fibers, chemicals, drugs, blood, semen, glass fractures, paints, finger prints, documents, firearms, bullet, tool marks Collecting Evidence Evidence collected must be labeled, bagged or packaged and stored appropriately Avoid cross-contamination of evidence Remember Locard’s principle Collecting Evidence Collecting Evidence Protect and store evidence Storage – free from pets, insect, excessive heat or moisture, controlled temperature Item is bagged, labeled, logged

People vs. Velarde, 384 SCRA 646, July 18, 2002 EVIDENCE OBTAINED Object Evidence – admissible in court if relevant to case, provided that chain of custody can be established Examples: Trace evidence – extremely small - hair or fibers – microscopy - Soil samples – may be compared with soil samples in tires, shoes TRACE EVIDENCE EVIDENCE OBTAINED FINGERPRINTS 1. Latent prints – nonporous surface, solid – door knobs, light switches Dusting – use powder that contrasts with surface; fingerprint dusting powder Lifting prints – commercially prepared lifter, lift tape Use gloves EVIDENCE OBTAINED FINGERPRINTS 2. Visible fingerprints – dirty, stained, bloody – glossy, light-colored surfaces 3. Plastic prints – putty, grease, tar, butter, soft soap Probative value of print – claims that suspect was not at scene, or no access to object where fingerprint found EVIDENCE OBTAINED BLOOD Reagents – luminol, tetramethyl benzedrine and phenolphthalein – to identify blood at a crime scene Luminol – water based, sprayed where blood traces are suspected – blood fluoresce to pale blue color, does not harm DNA in blood; reacts with bleach Precipitin test – to determine whether blood is of human origin; presence of other substance like soap and oil may yield false results

BLOOD STAIN PATTERN EVIDENCE OBTAINED Packaging: Liquid blood – dropper, test tube Blood flakes – pillbox or envelope Bloodstain on clothing other – mark with a string EVIDENCE OBTAINED BLOOD STAIN PATTERN General Rules: The more bleeding, the bigger the stain/drop (bigger wound, bigger stain) The farther the source to surface, the bigger the stain/drop (max stain at 7 feet) The blood that travels at low velocity creates a bigger stain/drop (Medium – 4-6mm stain; High velocity like from a gunshot woundmist, spray-type) *The greater the force, the smaller the drops EVIDENCE OBTAINED BLOOD STAIN PATTERN EVIDENCE OBTAINED BLOOD STAIN PATTERN EVIDENCE OBTAINED BLOOD STAIN PATTERN EVIDENCE OBTAINED BLOOD STAIN PATTERN General Rules: Drops at smooth surface – evenly spreads Steeper impact, more elongated blood drop If source of blood moving, or if it hits the surface at an angle, you may see tails. The tail of stain determines direction of blood; if many stains, convergence may pinpoint source. (blood flows away from origin) Blood pools but it may be disturbed (smudges) If blood hits a vertical surface – there is dripping (due to gravity) EVIDENCE OBTAINED BLOOD STAIN PATTERN

EVIDENCE OBTAINED BLOOD SPATTER Free-fall Cast-off – tangentially to arc of upswing or backswing (left-handed, more horizontal) Dripping Splashing – central blood drop then small drops around Spurting – smaller, elongated EVIDENCE OBTAINED BLOOD SPATTER EVIDENCE OBTAINED EVIDENCE OBTAINED EVIDENCE OBTAINED BLOOD SPATTER Gunshot Wound Entry point – back spatter More spread out May be in clothing, hands of shooter Exit point – forward spatter More spread-out, misting EVIDENCE OBTAINED EVIDENCE OBTAINED SHOE AND TIRE PRINTS Shoe – how many people, unique wear patterns, whether running or walking, carrying something heavy Tire tracks – no used tires are alike Photograph, cast when possible (mix plaster kits) EVIDENCE OBTAINED SHOE AND TIRE PRINTS EVIDENCE OBTAINED EVIDENCE OBTAINED EVIDENCE OBTAINED SHOE AND TIRE PRINTS EVIDENCE OBTAINED BITE MARKS – on body, food Photograph and swab bite area for saliva, blood residue, DNA, microorganisms Cast if possible, if not lift by tape

Forensic Odontology for analysis of bitemarks EVIDENCE OBTAINED BLOOD STAIN PATTERN EVIDENCE OBTAINED

EVIDENCE OBTAINED TOOL and TOOL MARKS

Hammers, screwdrivers, broken tool pieces Impression left by tool on surface A tool should NEVER be fitted into an impression to see if it could have made the mark. This could render laboratory analysis useless. Photograph location of tool and tool mark, general crime scene, then close-up, cast tool marks if possible EVIDENCE OBTAINED DNA EVIDENCE From blood, saliva and other body fluids, tissues, hairs and bones DNA means deoxyribonucleic acid, which is the chain of molecules found in every nucleated cell of the body. People vs. Yatar, 428 SCRA 504, May 19, 2004 EVIDENCE OBTAINED DNA testing- verified and credible scientific methods which include the extraction of DNA from biological samples, the generation of DNA profiles and the comparison of the information obtained from the DNA testing of biological samples for the purpose of determining, with reasonable certainty, whether or not the DNA obtained from two or more distinct biological samples originates from the same person (direct identification) or if the biological samples originate from related persons (kinship analysis) THANK YOU

DEATH DEATH Death – complete cessation of all vital functions without possibility of resuscitation; Irreversible loss of the properties of living matter DEATH "Organ Donation Act of 1991." Sec. 2 (j) "Death".- the irreversible cessation of circulatory and respiratory functions or the irreversible cessation of all functions of the entire brain, including the brain stem. DEATH A person shall be medically and legally dead if either: (1) In the opinion of the attending physician, based on the acceptable standards of medical practice, there is an absence of natural respiratory and cardiac function and, attempts resuscitation would not be

successful in restoring those functions. In this case, death shall be deemed to have occurred at the time these function ceased ; or DEATH (2) In the opinion of the consulting physician, concurred in by the attending physician, that on the basis of acceptable standards of medical practice, there is an irreversible cessation of all brain functions; and considering the absence of such functions, furthers attempts at resuscitation or continued supportive maintenance would not be successful in restoring such natural functions. In this case, death shall be deemed to have occurred at the time when these conditions first appeared. DEATH The death of the person shall be determined in accordance with the acceptable standards of medical practice and shall be diagnosed separately by the attending physician and another consulting physician, both of whom must be appropriately qualified and suitably experienced in the care of such patients. The death shall be recorded in the patient's medical record.

DEATH Absence of cardiac function Absence of respiratory function Absence of brain activity

DEATH Brain death – absence of electrical brain activity – no reflexes, circulation, respiration, dilated non-reactive pupils, flat Electroencephalogram “Two Physicians Rule” Cardio-respiratory death – continuous and persistent cessation of heart action and respiration

DEATH "Organ Donation Act of 1991." Sec. 9 xxx In all donations, the death of a person from whose body an organ will be removed after his death for the purpose of transplantation to a living person, shall be diagnosed separately and certified by two (2) qualified physicians neither of whom shall be: 2 Physicians -must not be: (a) A member of the team of medical practitioners who will effect the removal of the organ from the body; nor (b) The physician attending to recipient of the organ to be removed; nor (c) The head of hospital or the designated officer authorizing the removal of the organ.

Determination of cause and manner of death Obtain evidence in the body - Evidence relevant to circumstances of death – weapons, tools, blood

FACT OF DEATH Signs of Death Cessation of cardiac activity and circulation– no heartbeat and no pulse, blood settles in dependent portion due to gravity (livor mortis) Signs of Death

Legal Implications of Death Civil personality extinguished Succession Contracts – partnership, agency, insurance Criminal liability Organ transplantation

Death Investigation If death is sudden, unexplained, violent, under suspicious circumstance Investigate

Types of Death Natural – death may be made to look as though it resulted from natural causes Accidental – death may not be accidental but a result of suicide or crime Suicide – death may be caused by crime Homicide, Murder, as a result of Crime Unexplained

Duties: Medical Examiner Establish Fact of Death Identification of Deceased Determination of Time of Death

Signs of Death Cessation of respiration – person stops breathing - barbiturate overdose – shallow breathing Signs of Death Cessation of brain activity – loss of reflexes or response to pain, flat electroencephalogram Distinguish from drug overdose, hypothermia, coma Anencephaly – survives for 7 days, reported 7 months and 10 months Signs of Death Signs of Death Cooling of body (algor mortis), Skin becomes pale Stiffening (rigor mortis) and Decomposition Eyes become non-reactive and would later start to cloud Action of heat Signs of Death

IDENTIFICATION Identification Visual Recognition, Personal effects or ornaments Fingerprints, DNA, also palm prints, foot print

Medical history: Blood type – to rule out, Dental Records Forensic anthropologist – gender, height, race and age; Forensic odontologist – age range Forensic entomologist – location, approximate time of death Identification Identification Important: Legal certification of death Succession Insurance Criminal Law Time of Death Postmortem interval – time of death and discovery of the body Death within 4 days – estimated to within 4 hours People vs. Seranilla, 348 SCRA 227, December 15, 2000

TIME OF DEATH Changes in Muscle Cooling of Body Lividity Putrefaction Consider Digestive Process Time of Death At death, body is limp until rigor mortis sets in Rigor mortis – stiffening of joints (low in babies and aged) - Face then larger muscles - Lasts 1-3 days, then muscles decompose

Time of Death Changes in Muscle following Death 1. Stage of Primary Flaccidity – muscles relaxed, incontinence, pupils dilated (when warm, only 1:51 minutes, may last up to 6 hours), may pass electric current Time of Death 2. Rigor Mortis – usually develops after 3-6 hours, body become rigid (may last from 24-36 hours), faster development if warm

Note: if holding something that is difficult to remove, may be something held in hand just before death - due to cadaveric spasm

Cadaveric Spasm Time of Death Cadaveric Spasm - instantaneous muscle rigidity at time of death; only certain muscles and no whole body, does not disappear, cannot be induced 3. Decay of muscles – muscles become flaccid, no more reaction to stimulus (3 days, shorter if warm)

Change in Muscles Flaccid - up to 6 hours Stiff (rigor mortis) – up to 2 days Flaccid (decaying) – after 2 days Time of Death Algor mortis - Cooling of the body - fastest during first two hours -Tropical countries – 12 -15 hours, same as environment Algor Mortis Delay – fever, sudden death in good health, obesity, death from asphyxia, death of middle age Accelerate – leanness of body, extreme age, long-standing disease, chronic fever with wasting Air in large room, in water – speeds up cooling

Time of Death POSTMORTEM LIVIDITY - effect of gravity once circulation ceases , Blood may remain fluid after death for 6-8 hours - Dark blue discoloration (livor mortis) but may be cherry red if death is due to carbon monoxide poisoning Time of Death

Time of Death POSTMORTEM LIVIDITY - develops up to 10-12 hours after death this means, after 10-12 hours, lividity is fixed If body moved after 12 hours, pattern of lividity may indicate position at death

Time of Death POSTMORTEM LIVIDITY - Lividity on dependent portions (back legs) if face down (face, chest, stomach, legs) - If pressing directly on hard surface, no lividity - If blood released from large wounds – little lividity Signs of Death Bruise - results from injury sustained while alive (antemortem bruise) – found outside vessels - inflammation in area - Does not change color when pressed

Signs of Death Dead – blood collects usually dependent portion if dead, vessels remain healthy, clot can be stripped

2 weeks – almost all soft tissues gone, cannot be distinguished 1 month – skeletonized * Temperate areas – slower process 2-5 months after death – soft parts change into thick, semi-fluid black mass Putrefaction Insects will help - ties suspect to victim - insect parts in car, clothes - whether body was moved - time of death based on life cycle of insect Submerged in Water Usually body remains immersed for 8-10 days in warm water (up to 3 weeks in cold water) Fleas – if still alive, then body has been in water for less than 24 hours DROWNING – victims curl up in semifetal position

Submerged in Water If submerged in water, there is very little change after 4-5 days especially if water is cold From 5-7 days - face swollen and red, wrinkled hands and feet, outer skin loosen (5-6 days), upper surface of brain greenish

Submerged in Water 2-3 weeks – nails separate 4 weeks – scrotum and penis distended with gas 6-8 weeks – abdomen distended Time of Death Putrefaction Tropical region 12 hours – rigor mortis 24 hours – rigor mortis , greenish discoloration of abdomen 48 hours – trunk bloated, face discolored, there may be maggots 72 hours – whole body swollen, disfigured Putrefaction 1 week – internal organs putrefied

Time of Death STAGES OF DIGESTION Stomach: Light meal – empty within 11/2 – 2 hours after being eaten Medium sized 3-4 hours Heavy 4-6 hours *Stomach empties 4-6 hours after a meal

Time of Death STAGES OF DIGESTION Small Intestines After 6-8 hours from eating – reaches distal ileum Small intestine – 12 hours to be empty *Must find out when victim last ate, or if there is vomit near body

undetermined

Cause of Death External Examination and Internal Examination: Examination of injury, determination of possible weapon used, identifying marks Microscopy, Xrays, Samples for toxicology Evidence obtained in body important

Suicide People vs. Operaña, Jr., 343 SCRA 43, October 13, 2000 Investigating a suicide 1. Obtain information any condition that deceased may have – disease, psychiatric current medications Suicide 2. Obtain evidence on circumstances surrounding death frame of mind, behavior near time of death, history Look for: suicide note History of previous attempts Self-mutilation Suicide Jokes, communications, writing about suicide Giving away possessions Depression or anxiety Increased risk-taking behaviour Suicide 3. Clues in crime scene weapons near body crime scene – movement of body, lividity *For death investigation, a timeline must be established

Cause of Death Not a guaranty of accuracy, depends on the examiner, based on available information Manner of Death – circumstance, condition of body, medical findings Natural, suicide, homicide, accident,

DEATH CERTIFICATE A death certificate is conclusive evidence only as to the fact of death of the deceased. The cause of death may be estabished by other evidence. THANK YOU.