Post on 02-Jun-2018
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Legal Medicine
GROUP 1-Introduction
Reporters: Del Rosario, Earleen
Mondero, Kenneth
Samonte, Elaine DianneJD 2-1
DEFINITION
LEGAL MEDICINEis a branch of medicine which
deals with the application of
medical knowledge to the
purpose of law and justice. It
is the application of the basic
and clinical, medical and
paramedical sciences to
elucidate legal matters.
Legal Medicineand Forensic Medicine
are synonymous and in common practice are used
interchangeably, although legal medicine strictly
speaking means medicine applied to legal cases,
while forensic medicine science to elucidate legal
problems.
MEDICAL JURISPRUDENCEis that branch of
law which deals with the
organization and regulation of
the medical profession, with
the contractual obligationexisting between practitioner
and his patient and with the
duties imposed on the
practitioner by the state.
DISTINCTION BETWEEN LEGAL MEDICINE AND
MEDICAL JURISPRUDENCE
LEGAL MEDICINE MEDICAL
JURISPRUDENCE
branch of medical
science
branch of law
a medicine applied to
law and
administration of
justice
law applied to the
practice of medicine
originate from the
development of
medical science, it
being a branch of
medicine
emanates from acts of
Congress, executive
orders, administrative
circulars, custom and
usage and decisions of
tribunal which have
relation to the practice
of medicine
based on the
principles of
coordination, that
legal medicinescoordinate medicine
to law and justice
based on the principles
of subordinations, that it
is the duty of a physician
to obey the laws in asmuch as our government
is established on the
principle of government
of laws and not of men
and that no one is
considered above the
law
PURPOSE OF THE STUDY
1. To give the students and practitioners of
medicine a theoretical and practicalknowledge of the subject in his relation to
law.
2. To give information to physicians of hisrights and duties and the manner in
which the law expect him to act under
certain circumstances.
3. To enable a lawyer find the principleswhich apply, and the laws and decisions
which may govern, in any case involving
medical questions, as well as the points
upon which medical experts should be
examined.
4. To acquaint medical and law students andpractitioners of the recent advances offorensic medicine and the medico legal
system and procedure adapted in
different countries.
5. Students of criminology and police
sciences must be acquainted with the
medical aspect of criminal investigation,
their significance, interpretation and
probative value in court.
SCOPE OF LEGAL MEDICINE
The scope of legal medicine is quitebroad. It is the application of all branches of
medicine and other allied sciences to law and
administration of justice. The knowledge of
wounds has been acquire in surgery, abortion in
gynecology, sudden death in medicine, effects of
trauma in pathology, etc. although viewed in a
different angle.
NATURE OF LEGAL MEDICINE
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Knowledge of legal medicine means the
ability to acquire facts, the power to arrange those
facts in the logical order, and the application for
the purposes of law the conclusion which they
lead.
A physician should be an impartial
observer, intent only or seeking the truth of a case
in relation its circumstances, the conscience with
which he discharges his duties is but a corollary to
his putting into practice the medico legal
knowledge he has acquired.
It is not only necessary that a physician
should have an impartial and accurate observation
of the facts but also must possess the power to
impart in words or in writing all of his observation
to others. He must convey all the facts he has
observed and be able to give is logical opinion.
Some members of the medical profession
have been inclined to regard medico-legal matter
with abhorrence. They consider it as an addition
to their usual duties while other refuse to handle
medico-legal cases because of fear, and waste of
material time when being summoned in court. But
, no physician in practice can ignore nor refuse to
face the problem of legal responsibility and his
duties to the court.
MEDICAL JURIST- (Medico-legal Expert) is a
physician who specializes in thescience of legal medicine. He
must possess sufficient
knowledge pathology, surgery,
toxicology, and other branches
of medicine in the application to
law and justice.
SOME PRINCIPLE GOVERNING APPLICATION AND
EFFECTS OF LAW
1. Ignorance of the law excuses no one from
compliance therewith.
2.
Law shall have no retroactive effect,unless the contrary is provided.
3. Rights may be waived unless the waiver iscontrary to law, public order, public
policy, morals, good customs, or
prejudicial to a third person with a right
recognized by law.
4. Customs which are contrary to law, publicorder or public policy shall not be
countenanced.
BRANCHES OF LAW WHERE LEGAL MEDICINE IS
APPLIED
1. Civil law
a. the determination and termination of civil
personalityb. the limitation or restriction of a naturalpersons capacity to act
c. marriage and legal separation
d. paternity and filiatione. testamentary capacity of a person making
a will
f. the right to hereditary succession
2. Criminal Law
a. Felonies and circumstances which affect
criminal liability
b. Civil liability ex delictuc. Crimes relative to opium and prohibited
drugsd. Crimes against personse. Crimes against chastity
f. Crimes against civil status of personsg. Quasi offenses
3. Remedial Law
a. Physical and Mental Examination of a
person
b. Hospitalization of insane persons
c. Rules of Evidence4. Special Laws
a. Dangerous Drug Act
b. Youth and Child Welfare Codec. Sanitation Coded. Insurance law
e. Labor Code
f. Employees Compensation Law5. CORPUS DELICTI
Is the body or substance of the crime and is
defined as the fact that a crime actually has
been committed. In all criminal prosecutions,
the burden is on the prosecution to prove the
corpus delicti.
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HISTORY OF LEGAL MEDICINE IN THEPHILIPPINES
Paulus Zacchias( 15841659 ) is the Father of Forensic Medicine. He was thefirst to describe the importance andapplication of medicine to the properadministration of justice.
In the Phil. the father of Legal Medicine canbe rightfully bestowed to Dr. Pedro P. Solis.His book onLegal Medicine copyrighted in 1987,contains the most extensive treatise andteachings in Philippine Legal Medicine.
MEDICAL EVIDENCE
Evidence s the means, sanction by law ofascertaining in a judicial proceeding the truthrespecting a matter of fact.
Reference: Section 1, 2, 3, 4, -128 rules of court
Medical Evidence is the means sanction bylaw of ascertaining in a judicial proceeding thattruth respecting a matter of fact whereinscientific medical knowledge is necessary.
FORMS OF EVIDENCE
1. Real Evidence this form of evidence
is made known or addressed to thesenses of the court.
Section 1, Rule 130 Rules of Court
View of an Object whenever an object hassuch a relation to the fact in dispute as to affordreasonable grounds or belief respecting it, suchobject may be exhibit to or viewed by the court,or its existence, situation, or character proved bywitnesses, as the court in its discretion maydetermine.
a. Indecency and impropriety areexceptions to this rule of evidence, butwhen exhibition is necessary for the endof justice, notions of decency anddelicacy of feeling will not be allowed toprevail.
b. Repulsive objects and those offensivesto sensibilities should also be excludedif they are not absolutely necessary forthe proper administration of justice.
2. Testimonial Evidence a physicianmay be placed at the witness stand toanswer questions propounded to him bycounsels of parties or by the presidingofficer of the court. His testimony mustbe given orally in open court and underoath or affirmation.
Qualification of an Ordinary Witness
Section 18, Rule 130, Rules of CourtExcept as provided in the next
succeeding section, all persons who, havingorgans of sense, can perceive, and perceiving,can make known their perception to others, maybe witness. Neither parties nor other personsinterested in the outcome of a case shall beexcluded, nor those who have been convicted of
crime, nor any person on account of his opinionon matters of religious belief.
Qualification of an Expert Witness
Section 42, Rule 130, Rules of Court
The opinion of a witness regarding aquestion of science, art or trade, when he isskilled therein, may be received in evidence.
3. Experimental Evidence a medicalwitness may be required to perform
certain experiments to prove a certainmatter of fact. Again such evidencemust not be offensive to decency,sensibilities, and propriety. The court,however, in its discretion may or maynot allow experimental evidence.
4. Documentary Evidence any writtenevidence presented by a physician incourt which is relevant to the subjectmatter in dispute and not excluded bythe rules of court is documentaryevidence.
METHODS OF PRESERVING EVIDENCE1. Photography and sound recording2. Sketching3. Description4. Testimony of witnesses
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KINDS OF EVIDENCE NECESSARY FORCONVICTION
1. Direct Evidence that which proves thefact in dispute without the aid of anyinference or presumption. The evidencepresented corresponds to precise oractual point at issue.
2. Circumstances Evidence the proof offacts from which, taken either singly orcollectively, the existence of a particularfact in dispute may be inferred as anecessary or probable consequence.
When is Circumstantial evidencesufficient to Produce conviction?
a. When there is more than onecircumstance,
b. When the facts from which the inferencesare derived are proven, and
c. When the combination of all thecircumstances is such as to produce aconviction beyond a reasonable doubt.
DEGREE PF PROOF REQUIRED IN THECOURT OF JUSTICE:
1. In civil cases, preponderance of evidenceonly is required.
2. In criminal cases, proof beyondreasonable doubt is required.
MEDICAL ASPECT OF CRIMINAL INVESTIGATION
I.IDENTIFICATION OF PERSONS AND MATERIALS
1. ANTHROPOMETRY (BERTILLONS SYSTEM)-the study of measurement of human body
A. DEAD PERSONS AND ITS REMAINS
a. identification and examination of skeletonb. determination of sex, race, age, height, from the skeleton
c. identification of hair, and other fibers
d. identification of sex, age in living person
e. determination of age of fetusf. determination of age of childhood and adulthood
2. FINGER PRINTING-Formation started from embryo and perfected within four (4) months
-Never affected by physical growth, aging of human bodies
-Everybody differ each other during the lifetime of individual
WAYS of DETERMINATION
DACTYLOGPRAHY
is the art and study of recording and studying fingerprints as a means ofidentification
DACTYLOSCOPY
the art of identification by comparison of fingerprints
POROSCOPYthe study of pores found on the capillary or friction ridges of the skin
CRIMINAL INTERROGATION
1. Initial interview with the investigator handling the case.2. Pre-test interview with the subject to be examined3. Conduct of instrument test with asking the questions previously reviewed by the
subject.4. Post interview/ interrogation with the subject
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1. DECEPTION-DETECTION METHOD
a. POLYGRAPHY/-scientific method of detecting deception with the use of the polygraph
instrument
PURPOSE: to determine truth or deception based on the presence of emotionaldisturbance of the subject as appearing on the recorded physiological responses to
question relative to the case under investigation.
RELATION TO MEDICAL ASPECT:
1. PNEUMOGRAPHrecords changes of breathing
2. GALVANOGRAPHrecords the skin resistance of the subject to a very small amount of lectricity
3. CARDIOSPHYGMOGRAPH
records the changes of blood pressure and pulse rate4. KYMOGRAPHmotor that pulls or drive chat paper
CONSIDERED INDICATION OF DECEPTION
Increase and decrease of blood pressure
Increase in blood pressure only
Decrease only in blood pressureAn increase or decrease pulse rate
Increase or decrease of amplitude
2. NARCO ANALYSIS (TRUTH SERUM)A person is able to lie by using his imagination. In the Narco Analysis Test, the subject's
imagination is neutralised by making him semi-conscious. In this state, it becomes difficult for
him to lie and his answers would be restricted to facts he is already aware of.
In a Narco test the subject is administered a fixed quantity of Sodium Pentothal orSodium Amytal which puts him/her in a state of Hypnotism.
Such a test is generally conducted on a suspect who is not coming out with the truth.
Once put to this test he is half sleep and answers the questions truthfully.
However this test cannot be taken as an evidence in a court of law. But certainly it helps
proceed in the right direction and collect evidence which can form the basis for prosecution in a
court of law.
3. STIMULUS ASSOCIATION TESTWORD ASSOCIATION TEST
List of stimulus and non stimulus words are read to the subject who is instucted to answeras quickly as possible
4. USE OF HYPNOTISM